1 of our employee has been passed away in an accident & his tenure in co. was of 1 year+.Is he eligible for gratuity & if yes then how do we calculate.
From India, Delhi
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From India, Delhi
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Gratuity Eligibility and Payment Process
Under provision 1 to Section 4(1), the requirement of continuous service for 5 years is waived if the termination of employment occurs due to death or disablement. In the event of death, the gratuity amount shall be paid to the nominee. If no nomination was made, the gratuity shall be paid to the heir. If the nominee or heir is a minor, the gratuity amount shall be submitted to the controlling authority. The minor can access this fund upon reaching the age of majority.
For the calculation part, refer to the [Payment of Gratuity Act, Rules, Forms, Returns & All Other Information](http://www.shramsamadhan.com/p/payment-of-gratuity-act-rules.html) as there are many contributing factors that cannot be stated here.
From India, Kolkata
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180Under provision 1 to Section 4(1), the requirement of continuous service for 5 years is waived if the termination of employment occurs due to death or disablement. In the event of death, the gratuity amount shall be paid to the nominee. If no nomination was made, the gratuity shall be paid to the heir. If the nominee or heir is a minor, the gratuity amount shall be submitted to the controlling authority. The minor can access this fund upon reaching the age of majority.
For the calculation part, refer to the [Payment of Gratuity Act, Rules, Forms, Returns & All Other Information](http://www.shramsamadhan.com/p/payment-of-gratuity-act-rules.html) as there are many contributing factors that cannot be stated here.
From India, Kolkata
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Yes he is eligible for gratuity. Calculation should be = Basic + DA/ 26 x 15 days x 1 year.
From India, Kolkata
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From India, Kolkata
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In addition to what our learned members have already stated, if your company has a policy with LIC and the risk premium has been paid, the employee will receive Gratuity until their superannuation if they are alive. In other words, the year of superannuation will be calculated as the difference between the year of superannuation and the date of joining.
From India, Madras
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From India, Madras
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