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performer
dear Sir,
Please let me know if employee dies on duty time with in 5 years is he payable gratuity for all the employment duration. our employee passed away with the completion of 3 years service. do i need to settle his gratuity for the whole service period or for 5 years or skip him from gratuity.
please let me know as soon as possible. I would be thankful if i will be given right kind of suggestion please help me dear seniors.
thanking you ..

From India, Bangalore
yogimsw
Dear Freind,
please Note as per the Gratuity act any employee death during the his service with company he is eligible for receiving gratuity as per service, either he may completed 1 year or 5 year does not matter, as per the act we have to calculate his Number of years service & pay to dependent.
Thanking You
Yogeesh

From India, Bangalore
pon1965
604

Hi Arul,
The nominees of the deceased employee will get gratuity calculated for the 3 yrs of service only. The last drawn wages/salary preceding his termination in employment due to his death shall be considered.
pon

From India, Lucknow
sdas_80
17

Dear Arul,
In the event of death, the gratuity amount has to be paid to their dependents for the years of service rendered to your organisation.
the calculation would be as follows.
Last drawn basic salary (Basic+DA) * 15/26 * no. of years of service.
Regards,
Sunil

From India, Bangalore
yogimsw
Dear Friend,

Please note, any Employee/Staff, once they joined for the company, and during their service accidentally death happened for the service period, they are eligible for only how many years they served in the company like 1 year nor 3 year or 6 year as per the Gratuity act. we have to pay calculating as per gratuity formula.

There is option if in case of Management/ HR policies for the respective company willing to pay his Gratuity depends on his age group up to their decision you can only suggest your idea to them, if they deiced to pay you need to calculate his age details still how many years he can carry his employment up to his retirement, those years you need to do the calculation

EX : DOB 32 YRs

Remaining years as per his employment contact details based on the details you need to do the calculation.

Please note there is no change in the gratuity calculation as it same for both the benefits.

I hope your doubts have been cleared for the above points.

Thanking You

Yogeesh

From India, Bangalore
White Eagle
22

Hi,
I want more clarification. Take a example - employee "X" joined the pvt organization "ABC" on Apr 03, 2011 his and died in Accident on Apr 04, 2011. Do his/her nominee get gratuity under The Payment of Gratuity Act, 1972? If yes than what will be the amount of gratuity if "X" basic + DA is Rs 6000.

From India, Hyderabad
yogimsw
Dear Friend,
Your question still Not clear more, any how please find the below clarification for your reference,
You had showed the details from April 23 2011, to April 24 2011, it means he served duty only two days as per his Employment contact.
Kindly note as per the act 1972, They are eligible from the day started, due to accidental death, some time we have to verify based on case to case basis, either he is suffering earlier any disease,???? we need to verify his medical report, all formalities will be decided based on the Management decision as he served only two days,
As per the act Nominee can get only pension after filing the Form 2 Nomination & declaration form, after wards all the formalities will be Happen
Any how for this case you may contact Most seniors for finding a solution.
Thanking you
Yogeesh

From India, Bangalore
pulkit
1

Dear All, suppose employee is died within 2 days from date of joining then he/she is eligible for the Gratuity ?. further, If yes then what will be gratuity amount. please guide
From India, Bharuch
Samuel R
23

Hi Pulkit,
If the employee has worked only for 2 days and if he dies then yes, gratuity should be paid to his legal heir or nominee. There is a formula to calculate the gratuity amount, https://www.easycalculation.com/fina...tion-india.php.

From India, Bengaluru
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