IF THE PERSON HAS COMPLIED 3 YER IN ORGANIZATION AND IN ANY INCIDENCE IF HE DIED THEN WILL HE ELIGIBLE FOR GRATUITY AMOUNT?
From India, Pune
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16From India, Pune
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Gratuity Eligibility in Case of Death
There is no requirement of minimum service to receive gratuity in the case of death. I shall quote the provision as under:
4. Payment of gratuity:
- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
- (a) on his superannuation, or
- (b) on his retirement or resignation, or
- (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.
Regards,
Abbas.P.S
From India, Bangalore
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There is no requirement of minimum service to receive gratuity in the case of death. I shall quote the provision as under:
4. Payment of gratuity:
- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
- (a) on his superannuation, or
- (b) on his retirement or resignation, or
- (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.
Regards,
Abbas.P.S
From India, Bangalore
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In death case the condition of 5 years of service does not apply. The employer has to pay the gratuity due to the heirs of the deceased employee under Sec.4(c) and proviso thereunder.
From India, Delhi
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From India, Delhi
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Don’t need 3 years service. If an employee with one years continuous service is terminated due to death or disablement , he also is eligible for gratuity.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Ms. Kirti,
Yes, he is eligible for Gratuity since this is a death case. Section 4 (1) (c) states:
"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."
Govind Pawar
Cell - 9823411433
From India, Mumbai
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Yes, he is eligible for Gratuity since this is a death case. Section 4 (1) (c) states:
"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."
Govind Pawar
Cell - 9823411433
From India, Mumbai
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In case of death, there is no need for continuous service of 5 years. However, the gratuity will be paid only for the actual year of service. In the above case, the gratuity is payable for 3 years. It is calculated as follows: Basic + Dearness allowance / 26 * 15 days x 3 years.
From India, Bangalore
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From India, Bangalore
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Less than 5 years service - Eligibility for payment of gratuity.pdf
Death while in service letter for pf death claim.docx