Gratuity Act Question: Is a 4-Month Employee's Family Eligible for Benefits After Death?

Hi!

I want to know information under the Gratuity Act as follows: If a member covered under the Act dies during the period, and has completed just 4 months of service, will they be applicable to receive the amount or not? How much amount will they receive, and what is the calculation criteria?

Please help me out with this at the earliest.

Hi,

As per gratuity, anyone working in the same organization for more than 5 years will be eligible for gratuity. It will be calculated based on their basic salary (basic / 26 x 15).

Suresh

The minimum service required to be eligible to get Gratuity under the Payment of Gratuity Act is 5 years. The amount of gratuity will be 15 days' pay for every completed year of service and part thereof in excess of six months. Therefore, a person leaving the firm after service of 5 years and 7 months will be getting gratuity for 6 years, and one leaving after 9 years and 5 months will be getting gratuity for 9 years only. The amount is calculated on the Basic + DA the person is drawing at the time of exit.

Madhu.T.K

Hi,

As per Section 4 of the Payment of Gratuity Act 1972, the completion of continuous service of five years shall not be necessary where the termination of the employment is due to death or disablement.

Regarding your question, the employee's service period was only 4 months. The employee's nominee is entitled to receive a minimum gratuity payment of one year.

With regards,

S. Singh