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Dear ALL,
Could you please help me in the below points
1. How to calculate the gratuity in case of death?
2. How service will be calculated whether we need to calculate casual leave and loss pay
3. In case of Accident, person completed 5 years and he has taken 3 months leave, whether he is eligible of gratuity

From India, Madras
Pragnaa HR Compliance Services

As per act, the completion of continuous of service of five years shall not be necessary where the termination of employment of any employee is due to death or disablement.
Service needs to be calculated by considered the retirement age as per appointment letter.

From India, Chennai

Gratuity is payable to the employee due to death based on number of years he or she has worked.
for example, if an employee worked for 5 years + 240 days, then that employee is eligible for Gratuity for 6 years.
Gratuity is calculated based on Basic+DA / 26 days x 15 days = One year gratuity amount x number of years.
Even if any employee died while in service, before completion of 5 years also, Gratuity is to be paid based on number of years employee worked.
For instance for one year service = Basic+DA/26 days * 15 days = 1 years x 1 year (or) number of years worked.
No way this relates to full 'retirement age'. In the case of death of an employee, Gratuity needs to be paid even for only one of service or number years employee worked.
Seniors views please.

From India, Madras

Appreciate the views of Pragna and Sundararaman on payment of gratuity and agree with their views.
In the case of death while in service, the time limit for eligibility clause of 5 years is not applicable. the benefit is paid to the dependants for a full term as it is done in the case of retiring employee as per terms and conditions of employment on retiring age.
For the past service, if any , is calculated on actual basis and rest on assumed basis as if he is on continuous service.

From India, Hyderabad

1. This is answered in previous posts in detail. Pl. go thro\' the morginally noted links.
2. CL and LOP (Leave on Loss of Pay) both R counted for the service. CL & LOP availed with proper approval is no break in service nor indiscipline.
3. PL/Medical leave for accident with proper approval could be accounted against the leave at credit. Even if no sufficient PL/ML or Sick leave at credit of Leave a/c. LOP or Leave without pay could be granted in which case doesn\'t form a break in service.

From India, Bangalore
Satish B

Gratuity calculation: In case of death gratuity to be calculated based on the no. of years served by the deceased employee. It is not as per Ms Pragna views. Satish
From India, Bangalore
korgaonkar k a

Dear Sir / Madam,
Can you please tell our members where it is written? Or is there any case law / notification?
Thanks and regards,
Keshav Korgaonkar,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,,Labour Compliance Audit,SSI registration,NOC from

From India, Mumbai
An employee died after serving only 06 months service. what will be the gratuity and how to calculate ?
From India, Faridabad
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