hi can anyone tell me the gratuity calculation in case of death?
From India, Calcutta
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Gratuity (In Death Case) = Last Drawn Wages (Basic + DA) * Number of years worked * 15 / 26.

Note: Completion of a minimum of 5 years of continuous service is not necessary in the case of an employee's death.

From India, Pune
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Dear All Please tell if any person worked for only 5 month and death due to Road Accident (Waiting for Boarding Transport to reach office) than gratuity payable or not.
From India, New Delhi
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Dear all, my question is if any employee death after 5 year, in this case nominee will get 5 year gratuity or 58 year gratiuty sanjeev HR Executive Noida
From India, Noida
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If person dies during continuation of his service, he should be eligible for full gratuity amount Any one clarify how much he should get as per Act?
From India, Mumbai
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Dear all,

I need clarification on whether we will consider 58 years of service for calculation in the event of an employee's death, or only the completed service years during their employment.

Best Regards,

Sanjeev
HR Executive
9716046996

From India, Noida
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(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 13 [Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] Explanation .— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

From India, Mumbai
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As per the MP Govt website, the death benefit of Gratuity is calculated based on the individual's retirement age. Please check the website for more information: [Death cum Retirement Gratuity Calculation](http://www.pension.mp.gov.in/gracalf.htm)
From India, Mumbai
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It is wrong .As per payment of gratuity act.nominee entitiled completed years service only.not for till 58 years.
From India, Chennai
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How to calculate gratuity in death case of working 7 years
From India, Jaipur
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In case the continuous service (working days) is more than 4 years and 250 days, the employee is eligible for gratuity. The formula for calculation is already provided in the thread.

However, in my experience where we have settled the gratuity of a permanent worker in case of his death, the LIC settled the full claim considering till age 58 years, though the worker, when he died, was only 35 years old. The MP Govt Website also calculates the death cum retirement calculation on the same basis.

The Gratuity Act, however, is silent in this regard and clarifies only that regardless of years of service, the Nominee/Legal heir is eligible to claim gratuity in case of the death of the worker/employee.

From India
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Hi, " LIC settled the full claim considering till age 58 yrs" Yes the above is true but subject to employer opting for special rider while availing group gratuity scheme with LIC.
From India, Madras
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