Yes Mr. Mahender, The deceased legal heirs' are entitled for gratuity as well as pension. Calculation will be based on his age and his remaing tenure (i.e. retirement age) Regards, Manoj Nair
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Mr. Chopra, Your employee eligible for Gratuity amount, because of pl, find the attachment of Honorable madras High court decision. Regards, N.S. Bhanuprakasha
From India, Gurgaon
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From India, Gurgaon
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he is definately eligible for gratuity as the basic criteria apart from the fixed 5 yrs is that he shud have completed 4 yrs and 240 days in his job.
From India, Ahmadabad
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6From India, Ahmadabad
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Grauity is 15 days' salary for every completed year of service. It is calculated as under:
Wages/26x15xNo. of years of service.
Here it will be:
Wages/26x15x1/12x3.5
Assuming his wages were Rs.5000/- Te Grauity will work out as:
5000/26= 192.00x15=2880x1(one year) =2880/12(months) =240x3.5(months of service)=Rs.840.
Trust this answers your query.
Cheers!!!
Vasant Nair
From India, Mumbai
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Wages/26x15xNo. of years of service.
Here it will be:
Wages/26x15x1/12x3.5
Assuming his wages were Rs.5000/- Te Grauity will work out as:
5000/26= 192.00x15=2880x1(one year) =2880/12(months) =240x3.5(months of service)=Rs.840.
Trust this answers your query.
Cheers!!!
Vasant Nair
From India, Mumbai
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Dear Sir,
I have a query of the same kind. I was suppose to complete my 5 year tenure on September 13,2009 in NIS Sparta(A reliance ADA compony). But due to change in the engagement model I was asked to move to Reliance Communications(Flagship company of Reliance ADA group) on August 20th,2009. Would I be eligible for gratuity. Would appreciate if you reply.
Regards Jitesh Kumar.
From India, Mumbai
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I have a query of the same kind. I was suppose to complete my 5 year tenure on September 13,2009 in NIS Sparta(A reliance ADA compony). But due to change in the engagement model I was asked to move to Reliance Communications(Flagship company of Reliance ADA group) on August 20th,2009. Would I be eligible for gratuity. Would appreciate if you reply.
Regards Jitesh Kumar.
From India, Mumbai
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mahender ji, he will never entitele for gratuity since he joined in apr-09 and expired in 15 july-09 a continuous service of 5 year is must to entitele for gratituity
if you don't know the law than never comment, for your knowledge please go through section 4(c) of the Act:-
(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 :
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, Delhi
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if you don't know the law than never comment, for your knowledge please go through section 4(c) of the Act:-
(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 :
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, Delhi
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Your reply is only partly correct. first proviso of Section 4 of Payment of Gratuity Act 1972 reads as " Provided that the completion of continuous service of five years shall not be necesary where the termination of the employment of any employee is due to death or disablement".
From India, Madras
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From India, Madras
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Hi,
1. In case of death or disablement there is no minimum eligibility period.
2. 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
3. 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
4. The nominee / legal heir will get the maximum ceiling of Rs.3,50,000/-
4. In normal cases only, the formulae will be taken for consideration.
Regards
Bhuvana.AL
From India, Madras
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1. In case of death or disablement there is no minimum eligibility period.
2. 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
3. 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
4. The nominee / legal heir will get the maximum ceiling of Rs.3,50,000/-
4. In normal cases only, the formulae will be taken for consideration.
Regards
Bhuvana.AL
From India, Madras
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Dear ALL,
One of my friend have the left the one company after serving more than 10 year. now his pf amt is withdrawal but family share is yet to be withdraw. kindly advice what is the process of claiming family share. He is 35 years old and working in another company where pf is not deduction by company.
Dinu
From India, New Delhi
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One of my friend have the left the one company after serving more than 10 year. now his pf amt is withdrawal but family share is yet to be withdraw. kindly advice what is the process of claiming family share. He is 35 years old and working in another company where pf is not deduction by company.
Dinu
From India, New Delhi
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Dear Mr. K C S Kutty
I have an issue.
My father was a govt. servent and expired on 30.03.2004. He had completed 19 years 8 Months and 22 days total service. Can you tell me the total gratuity eligibilty based on the above service ?
Looking for your kind attention and reply.
thanks
sha
From India, Thiruvananthapuram
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I have an issue.
My father was a govt. servent and expired on 30.03.2004. He had completed 19 years 8 Months and 22 days total service. Can you tell me the total gratuity eligibilty based on the above service ?
Looking for your kind attention and reply.
thanks
sha
From India, Thiruvananthapuram
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx