Hi Seniors, One of our employees has worked with our organization for the past 1.5 years. Two months ago, he died due to a Heart attack. Now, he is eligible for Gratuity or not? Please Confirm as per Gratuity Act and Rules.
From India, Bengaluru
From India, Bengaluru
Hi, In case of the employee's death there is no minimum eligibility period. Employer should pay Gratuity to the nominee of the Employee ( gratuity amount is payable up to the date of death irrespective of whether he completed five years or not) In case if your Organisation opted for Group Gratuity Scheme with any Insurance Companies then the insurance has to pay the Gratuity amount.
From India, Madras
952From India, Madras
Yes, his dependents should be paid gratuity. The service gratuity is calculated on the basis of his last drawn salary. If his service was less than1.5 years, pay him as of his service is one year and if his service exceeds 6 months in the second year, pay him gratuity for two years. If you have taken insurance then get the amounts from the insurers. Obviously, if the policy covers death cum gratuity, the dependents of the deceased will get better gratuity which is computed on the presumption of service till his superannuation.
From India, Kannur
From India, Kannur
Your employee who was working with your organization for past 1.5 years family is eligible for gratuity.
His legal heir need to be paid (Basic+ DA) for 15 days, if second year is below 6 months and 30 days, if worked more than 6 months.
From India, Mumbai
His legal heir need to be paid (Basic+ DA) for 15 days, if second year is below 6 months and 30 days, if worked more than 6 months.
From India, Mumbai
Pl.take a copy of the Nomination form obtained when the deceased employee joined your Co. If no Nomination Forms (F,G & H as the case may be) was obtained you have to obtain NOCs from all the members of his family including parents and siblings in the form of sworn affidavits.Obtain applications in Form-J & K. If there is no consensus among the family members then it may be required to insist for 'successors /heirs certificate' from a competent court and decide disbursements. Before this, as an Employer, appropriate intimation in Form No.'L'.
Pl.Ref attached Gratuity Rules attached for guidance.
From India, Bangalore
Pl.Ref attached Gratuity Rules attached for guidance.
From India, Bangalore
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc