Dear All, Please send me the procedure for settling gratuity in a death case.
Also, provide me the required document for settling the death claim under the act. What is the actual payment of gratuity if the employee dies at age of 50?
Please brief me calculation for under clause.

From India, Mumbai
Labour Law & Hr Consultant
Management Consultancy
Hr Consultant


Once the death of the employee is informed to the organisation, it is their job to calculate gratuity and pay to the nominee. There is no requirement for applying for gratuity If they don't pay the interest is liable on them.
You may approach the HR department with a copy of death certificate and seek payment of gratuity and other terminal dues. If there is any formality needed to be completed they will tell you.

From India, Mumbai

employee age at death is irrelevant for gratuity purpose, rather his employment span or total years of employment would be taken under consideration

The nominee/ beneficiary may contact the HR of the establishment for more details and document needed ( if any)


Dear Vineet,

It is not clear whether the queries are raised on behalf of the employer or the legal heir of the deceased employee. Anyway, as pointed out by Mr.KK!HR, the liability of timely disbursement of the amount of gratuity due to the deceased employee to his nominee or legal heirs rest on the employer only failing which he will have to pay interest for the period of delay.

The important points are:
(1) No minimum qualifying service of 5 years required in case of death of the employee while in service.
(2) The claimants for gratuity can be either the nominee nominated by the deceased employee or in the absence of nomination , the legal heirs of the deceased.
(3) Death certificate and legal heir certificate should be obtained from the claimants
(4) If there is any dispute among the claimants, the gratuity amount shall be deposited with the Controlling Authority under the PG Act,1972 for the area for disbursement under intimation to the claimants.
(5)The amount of gratuity should be calculated on the basis of last drawn salary ( sum of basic pay+D.A only ) i.e., last drawn salary/26 X 15 X No of years of completed service on the date of death.

From India, Salem

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