Hello, we are a facility management company, and one of our employees working at client premises died. He joined our company on March 11, 2023, and passed away on September 30, 2023, due to a heart attack. We have a policy of paying bonuses and leave payments on a monthly basis, and the same was done for this employee.

Please tell me if he is eligible for gratuity and if there are any benefits that he is entitled to. Additionally, what benefits can he avail from PF and LWF?

From India, Surat
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Hi,

As per the Gratuity Act, the gratuity is payable up to the date of death irrespective of whether the employee completed five years or not. If the employer has opted for any Group Gratuity scheme with an insurance company like LIC, then gratuity can be claimed until the date of retirement of the employee itself (but this purely depends on the terms and conditions/rider option chosen by the employer).

Regarding PF, the nominee of the deceased can apply for PF/Pension and EDLI benefits. For this, the deceased employee should have been in service until the date of death.

For benefits under LWF, you need to check with the respective State Labour Welfare Board. There are some benefits like funeral expenses up to Rs. 5000/-, and some amount will also be paid, which will depend on the State Labour Welfare Board.

From India, Madras
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the deceased member family is eligible for EDLI benefit from PF dept. Minimum amt 2.50L as per the latest amendment notified retrospectively wef 15.02.2020.
From India, Madras
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Thank you for your valuable insights
From India, Surat
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