One employee worked in my friend's company from 1st March 2016 to 28th Dec 2016, and he died while in service due to a Brain Haemorrhage. Now, they have to pay Gratuity to his family, but they don't know the calculation, and they do not have a Gratuity trust account. Kindly suggest to me how much they have to pay, and if possible, please share the calculation sheet/formula.

Employee DOB: 10-08-1970 and Basic Salary: Rs. 6,008/-

Kindly consider doing the needful.

From India, Bengaluru
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Sorry, exact Date of Birth is 10-08-1976.
From India, Bengaluru
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Concerned Employee has not completed 5yrs of continous service hence is not entitled to gratuity Sujeet Salkar labour law consultant :9702963645

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As the employee died during service after serving close to 10 months, he is eligible for gratuity. The calculation will be as follows:

= Last monthly basic pay * (15/26) * 1 (as he served more than 6 months)
= 6008 * (15/26) * 1 = 3466

So, he will be receiving a gratuity of INR 3466.

Regards,
Rahul

From India, Delhi
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Yes the deceased employee is entitled to gratuity amount as per the calculation worked out by Mr Rahul. R R Kapoor Vadodara
From India, Vadodara
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Thank you dear all for your consideration and valuable feedbacks.
From India, Bengaluru
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He is also Eligible for EDLI claim if PF covered during the period. Calculation will be 6008X 30 +Rs.150000 = Rs.330240
From India, Madras
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Hello,

Someone is saying that gratuity is applicable when 5 years are completed. However, in the case of an employee's death, gratuity is payable up to retirement. The gratuity calculation is mentioned below:

Suppose the employee's age is 26 at the time of joining, and the basic salary is 8000/-

= 58 - employee age
= 58 - 26 = 32
Gratuity = basic salary x length of service x 15/26
= 8000 x 32 x 15/26 = 147692.00

Gratuity payable is Rs. 147692.00

Is this information correct?

From India, Bengaluru
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In the case of the death of an employee while in service, the nominee of the deceased will be entitled to gratuity for the period the deceased employee served, and the formula of a minimum of 5 years of continuous service will not be applicable in this case.

R R Kapoor
Vadodara

From India, Vadodara
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