Trainee's Gratuity Eligibility: What Happens if They Pass Away During Training?

Dear Sir/Madam,

Please clarify whether a trainee is eligible for payment of gratuity if they die during their training period. According to our service conditions, a person who joins as a trainee is absorbed into the regular pay scale after successfully completing training in a particular cadre. The deceased person was in training at the time of their death.

Please respond as soon as possible.

Thanks & Regards,

Dear Mr. Rajiv,

If any employee dies in the course of employment, he is entitled to get gratuity. Now, the question arises: is a trainee considered your employee or not? If someone hires a trainee under the Apprentice Act 1961 and completes registration with the apprentice advisor, then you can classify them as a trainee or apprentice. In this scenario only, they will not be considered your employee.

Otherwise, it is misleading to simply designate them as a trainee. They are, in fact, your regular employee and entitled to all benefits.

Thank you,
J.S. Malik

Dear Mr. Rajiv,

If any employee dies in the course of employment, he is entitled to get gratuity. Now, the question arises: Is a trainee considered your employee or not? If someone hires a trainee under the Apprentice Act of 1961 and registers with the Apprentice Advisor, then he can be classified as a trainee or apprentice. In this scenario, he would not be considered your employee. Otherwise, it is merely a facade to designate someone as a trainee; they are, in fact, your regular employee entitled to all benefits.

Thank you,

J S Malik

Dear Sir,

The deceased was initially selected for a specific post as a trainee. However, he was not a regular employee of the company. According to the service conditions, upon successful completion of training, trainees are absorbed onto the regular pay scale of the company. During the training period, they receive only a stipend, and this period is not taken into account for promotion purposes.

Could you please advise whether the deceased is eligible for gratuity payment in this case?

Thank you,