Hi, I would like to know the gratuity eligibility in death cases.
One of our employees died, His service was 5 month till the date of death, Is he eligible for the Gratuity As per act?
We want to know minimum number of service required for Gratuity in death case,
If gratuity is payable, so how many years of gratuity will be payable?

From India, Najibabad
Hi,
If your employer had tie up with LIC under Group Gratuity Scheme( with option of special rider) the Nominee would have got the full gratuity amount till the actual date of retirement of the deceased employee, irrespective of number of years completed by the deceased employee.
In the absence of tie up with LIC Group Gratuity Scheme the Employer is bound to pay Gratuity subject to fulfillment of the eligibility criteria as stipulated by the Gratuity Act. In the case of deceased employee with 5 months service which is less than one year, strictly speaking the nominee is not eligible for Gratuity. However the employer on humanitarian basis may consider 5 months service as one year and pay gratuity for one year which is optional and not compulsory.

From India, Madras
Anonymous
Hi Everyone
I need to know about Weather Gratuity is eligible for Death employee. He is having less than 5 years of services as per Gratuity act its eligible but one of Labour Inspector told its not eligible it seems so please clarify.

From India, Bengaluru

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