Hi,
My father had been working in a company for 1year 8 months, before he fell ill. Due to his illness, he had to spent the last two and a half months in the hospital. He could not recover from his illness and expired in April 2009.
At that time, his last employer had paid the nominee (my mother), the full and final. But the gratuity was not included in the full and final. It is only now in April 2012 that we came to know of the fact that even in case a employee has not completed 5years of continous service, and expires before that, his nominee is entitiled to receive gratuity amount for the number of years of service of the employee.
Is this understanding correct? If yes, what by formula will the gratuity be calculated in this case.
Also, since the employer's did not pay the gratuity neither in 2009, nor in all these 3years, now is the employer liable to pay any interest/penalty for not paying out the liable gratuity amount to the employees nominee (my mother) for the three lapsed years (from 2009 to 2012)
Please let us know. Any information in this regard will be very helpful.
Regards,
Ritu
My father had been working in a company for 1year 8 months, before he fell ill. Due to his illness, he had to spent the last two and a half months in the hospital. He could not recover from his illness and expired in April 2009.
At that time, his last employer had paid the nominee (my mother), the full and final. But the gratuity was not included in the full and final. It is only now in April 2012 that we came to know of the fact that even in case a employee has not completed 5years of continous service, and expires before that, his nominee is entitiled to receive gratuity amount for the number of years of service of the employee.
Is this understanding correct? If yes, what by formula will the gratuity be calculated in this case.
Also, since the employer's did not pay the gratuity neither in 2009, nor in all these 3years, now is the employer liable to pay any interest/penalty for not paying out the liable gratuity amount to the employees nominee (my mother) for the three lapsed years (from 2009 to 2012)
Please let us know. Any information in this regard will be very helpful.
Regards,
Ritu