Dear Ramachandran, As far as my knowledge goes,at present there is no such proposal pending with the Ministry of Labour & Employment. BS Kalsi, Member since Aug 2011
From India, Mumbai
455From India, Mumbai
Dear all
What are the benefits are get to the nominee when the employee as deceased.It's a govt.organigation..from the company side yet we not receive any thing from 6 months.So plz give rly .what are the benefits , how to apply & approach? ..is there any time period to apply to get any benefit.give rly as early as possible...
From India, Bangalore
What are the benefits are get to the nominee when the employee as deceased.It's a govt.organigation..from the company side yet we not receive any thing from 6 months.So plz give rly .what are the benefits , how to apply & approach? ..is there any time period to apply to get any benefit.give rly as early as possible...
From India, Bangalore
Dear Harinath,
In your query, you have not exactly clarified whether the deceased was in purely Govt organisation or public sector organisation. Both these organisations have mostly indentical deceased benefits except few. Generally the following benefits are accural to the nominee of the deceased.
(i) Family Pension
(ii) Death Gratuity
(iii) Central Govt employees Group Insurance Scheme (CGEGIS)
(iv) Deposit Linked Insurance Scheme
(v) Leave Encashment
(v) Provident Fund Accumulations
(vi) Appoinment on Compassionate grounds
The members are requested to add any other benefits,if available, to the nominee of the decesed.
BS Kalsi,
Member since Aug 2011
From India, Mumbai
In your query, you have not exactly clarified whether the deceased was in purely Govt organisation or public sector organisation. Both these organisations have mostly indentical deceased benefits except few. Generally the following benefits are accural to the nominee of the deceased.
(i) Family Pension
(ii) Death Gratuity
(iii) Central Govt employees Group Insurance Scheme (CGEGIS)
(iv) Deposit Linked Insurance Scheme
(v) Leave Encashment
(v) Provident Fund Accumulations
(vi) Appoinment on Compassionate grounds
The members are requested to add any other benefits,if available, to the nominee of the decesed.
BS Kalsi,
Member since Aug 2011
From India, Mumbai
Dear All
From the above it is clear that one who had completed 4 years and 240 is elligible for gratuity. But some organisations are following that they are paying gratuity for the years in which the employee had worked 240 days and more. If he worked less than 240 in any of the years in his service, the managements are not paying gratuity for those years. Is it correct? are they should pay for the entire period of service? Kindly clarify.
Regards
GIRI
From India, Hyderabad
From the above it is clear that one who had completed 4 years and 240 is elligible for gratuity. But some organisations are following that they are paying gratuity for the years in which the employee had worked 240 days and more. If he worked less than 240 in any of the years in his service, the managements are not paying gratuity for those years. Is it correct? are they should pay for the entire period of service? Kindly clarify.
Regards
GIRI
From India, Hyderabad
Dear BS Kalsi
It's a totally Government Under taking company (F.S.N.L) it is in the Vizag steel plant unit.& how to know the benefits avail to deceased members.how to approach the company.Even we met the admin department we did get the clear information.what are the steps we have to do now. Plz give sugestion..could you clear explain the Appoinment on Compassionate grounds..
Thank you for our reply.
From India, Bangalore
It's a totally Government Under taking company (F.S.N.L) it is in the Vizag steel plant unit.& how to know the benefits avail to deceased members.how to approach the company.Even we met the admin department we did get the clear information.what are the steps we have to do now. Plz give sugestion..could you clear explain the Appoinment on Compassionate grounds..
Thank you for our reply.
From India, Bangalore
Dear Hari Nath,
I am surprised to find that being a Government under taking company, why they have not taken suo-motto action to clear the dues.Normally all the deptts, may be it Govt or Private,are supposed to maintain records concerning the NOMINATION of all the employees,which remains with the personnel or Establishment dept of the company.You can check with them and request to process the clearance of accounts of the deceased employee. But before that you need to submit the DEATH certificate of the deceased and the particulars of the family members of the deceased. You have not mentioned as to whether the employee has died of a natural death or accidental death while on duty. The benefits differs in both the cases..
As far the question of Appoinment on Compassionate grounds is concerned, it depends on various factors, which are furnished below:-
(a) the length of service of the deceased (b) income of the family members ,who are left behind (c) immovable or movable property left behind (d) suitability of the candidate for appointment.(e) pendency of the back log of such cases need compassionate appoinment etc.
Like wise they may be many more factor, which a company may take into view.The govt has fixed compassionte appointment @1% of the total strength of the company, where chances of such appoinment are very dim.However you can check Govt's latest orders on compassionate appoinment, if there is any change.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I am surprised to find that being a Government under taking company, why they have not taken suo-motto action to clear the dues.Normally all the deptts, may be it Govt or Private,are supposed to maintain records concerning the NOMINATION of all the employees,which remains with the personnel or Establishment dept of the company.You can check with them and request to process the clearance of accounts of the deceased employee. But before that you need to submit the DEATH certificate of the deceased and the particulars of the family members of the deceased. You have not mentioned as to whether the employee has died of a natural death or accidental death while on duty. The benefits differs in both the cases..
As far the question of Appoinment on Compassionate grounds is concerned, it depends on various factors, which are furnished below:-
(a) the length of service of the deceased (b) income of the family members ,who are left behind (c) immovable or movable property left behind (d) suitability of the candidate for appointment.(e) pendency of the back log of such cases need compassionate appoinment etc.
Like wise they may be many more factor, which a company may take into view.The govt has fixed compassionte appointment @1% of the total strength of the company, where chances of such appoinment are very dim.However you can check Govt's latest orders on compassionate appoinment, if there is any change.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Suhas Khambe,
I am sorry to point out that you have copied the whole text from the law club of India without going through the paragragh. For example I am reproducing some portion of your text,which reads as under:-
1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.
2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.
In both the cases you have shown the different no. of days for 5-days work, which is blunder and refresher will certainly get confused .Section 2A of the Payment of Gratuity Act,1972 clearly says that 190 days where the establishment works LESS that SIX days in a week and 240 days where the establishment works for six days in a week.
Please read before mailing such texts.I am sorry if you have been hurt but I feel my duties to caution you so that such mistake is not repeated in future.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I am sorry to point out that you have copied the whole text from the law club of India without going through the paragragh. For example I am reproducing some portion of your text,which reads as under:-
1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.
2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.
In both the cases you have shown the different no. of days for 5-days work, which is blunder and refresher will certainly get confused .Section 2A of the Payment of Gratuity Act,1972 clearly says that 190 days where the establishment works LESS that SIX days in a week and 240 days where the establishment works for six days in a week.
Please read before mailing such texts.I am sorry if you have been hurt but I feel my duties to caution you so that such mistake is not repeated in future.
BS Kalsi
Member since Aug 2011
From India, Mumbai
no he is not eligibilty for gratuity because he did not complete his service 5 years completely so the employee does not eligible for gratuity in case of death the employee is eligible for gratuity
From India
From India
Dear All, In any year if the worker has not worked for 240 days, can we exclude that year from payment of Gratuity? Pl Clarify. Regards GIRI
From India, Hyderabad
From India, Hyderabad
If a person joins on 1st April 2009, he completes 5 years on 31st March, 2014, and not before that. During any of these previous 5 years, if he has worked for more than 240 days, it is considered as a full year. 4 years and 240 years is not equal to 5 years. If the Act wanted 4 years and 240 days to be equal to 5 years, it would have said so.
To be eligible for Gratuity, one has to complete a time period of 5 years from date of joining to date of resigning/retirement. This is how I interpret the language of the Act. Please give your opinion.
From India, Noida
To be eligible for Gratuity, one has to complete a time period of 5 years from date of joining to date of resigning/retirement. This is how I interpret the language of the Act. Please give your opinion.
From India, Noida
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx