We would like to know the gratuity eligibility for death cases.
As per the act employees are entitle for gratuity subject to completion of 5 years or 240 days in a year.
We would like to know for death case scenario whether the employees are entitle for gratuity if less than 5 years.
If so, in our company one of our employees died with in experience of 6 months exactly, whether as per act he is eligible for the Gratuity?
We want know minimal no. of years’ experience onwards Gratuity is applicable for the death cases.
Pls advise.
Janakiraman
From India, Chennai
2As per the act employees are entitle for gratuity subject to completion of 5 years or 240 days in a year.
We would like to know for death case scenario whether the employees are entitle for gratuity if less than 5 years.
If so, in our company one of our employees died with in experience of 6 months exactly, whether as per act he is eligible for the Gratuity?
We want know minimal no. of years’ experience onwards Gratuity is applicable for the death cases.
Pls advise.
Janakiraman
From India, Chennai
Dear Sir,
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.
From India, Sriperumbudur
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.
From India, Sriperumbudur
If the deceased employee has completed 06 month working then please pay his legal heirs 01 year Gratuity Amount.
From India, Pune
From India, Pune
Dear Jankiraman,
According to section 4(1) of Payment of gratuity Act there is no need to fullfil the condition of 5 years of continuous service and the same is reproduced for your reference:-
Section 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
:
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.
Hope this clarifies your query.
From India, New Delhi
According to section 4(1) of Payment of gratuity Act there is no need to fullfil the condition of 5 years of continuous service and the same is reproduced for your reference:-
Section 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
:
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.
Hope this clarifies your query.
From India, New Delhi
Dear Janakiraman,
Sh Kamal Kant is correct in saying that 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.Firstly the question arises here is whether the deceased employees, who has put in hardly six months service,his/her nominee will be eligible for the payment of the gratuity.Your another query as to what is the minimal no. of years’ experience for the death cases for the eligibility for gratuity is relevant to the first query.The answer to both queries is same that the deceased employee must have put at least Continuous service of six months service in the establishment so as to make his/her nominee eligible for the claim of payment of gratuity for one year.The deceased employee must have worked at least 120 days in a period of six months. All the authorized leaves, period of lay-off,absent due to temporary disablement caused while on duty and maternity leave ( in case of female employees) shall be counted while computing 120 days. Continuous service has been defined in Section 2A of the Payment of the Gratuity Act,1972.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Sh Kamal Kant is correct in saying that 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.Firstly the question arises here is whether the deceased employees, who has put in hardly six months service,his/her nominee will be eligible for the payment of the gratuity.Your another query as to what is the minimal no. of years’ experience for the death cases for the eligibility for gratuity is relevant to the first query.The answer to both queries is same that the deceased employee must have put at least Continuous service of six months service in the establishment so as to make his/her nominee eligible for the claim of payment of gratuity for one year.The deceased employee must have worked at least 120 days in a period of six months. All the authorized leaves, period of lay-off,absent due to temporary disablement caused while on duty and maternity leave ( in case of female employees) shall be counted while computing 120 days. Continuous service has been defined in Section 2A of the Payment of the Gratuity Act,1972.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
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