Gratuity on death - employee has completed 4 yrs 9 month service then is he eligible?

Please let me know if a employee has completed 4 yrs 9 month service then is he eligible for grautity. (In case of death and in case of normal resign)

Some court ruling made that it is not necessary a person to complete five years
to get gratuity.
Hence this employee can get gratuity. Further if your company covered its employess
in LIC group gratuity scheme, for death, even five years not necessary.

It requires minimum 4 years & 240 working day or we can say minimum 4 yrs & 11 months.
I want to confirm my thread from srs.
Br
kscc

Ma'am i wanted to know if employee has dead then for how many years do we calculate grauity if he has worked for 4 years 9 month then will we pay for 5 years or uptill age of 58 years
Avinash
8827916003

Dear,
Yes, definitely he shall be eligible for gratuity under Payment of Gratuity Act, 1972, any employees have completed 4 years & 240 days (Continues Services) than he shall be eligible for gratuity.
In case of death, any employees has completed even six month of his services he shall be eligible for gratuity,
With Regards
Jignesh Sisodiya

Dear All,
One of our staff have comleted 5 years and left the organisation but first two years he was a trainee and further came on company payroll and got eligibility for all the company benefits (i.e. Bonus/PF/ESIC etc.)
In trainee period there was no any deduction from his monthly salary, it was consolidated payment.
Does he get gratuity benefits from his trainee period?
Regards,
Hiten

Hi,
Since the individual was a staff member only post getting on payroll, he is not eligible for gratuity for the trainee period. I m considering that during the trainee period he was either paid a stipend or was on third party/ vendor payroll
Regards