How to calculate gratuity benefits for DEATH CASE, any criteria need to follow?
To whom claim amount to be settle?
We have a death case - an employee who worked 1 year 3 months of service joined 2019 august and death 22nd dec 2020
please calculate and confirm the figure and guide us to proceed further.
From India, Bengaluru
To whom claim amount to be settle?
We have a death case - an employee who worked 1 year 3 months of service joined 2019 august and death 22nd dec 2020
please calculate and confirm the figure and guide us to proceed further.
From India, Bengaluru
You have to pay gratuity ti his /her legag hire.
Gratuity paybale up to his date of retirement i.e. = date of birth - date of retirement (number of yeras)
exmample :- if his date of birth is 1.1.1990 & retirement age of your company is 58 yrs = age of retirement will be 2048.
Date of joining in your comapny is Aug 2019, hence he will be entitled for grauity of 29 yrs.
Basic +DA /26*15* number of years (service)
Alim Khan
From India, Nagpur
3Gratuity paybale up to his date of retirement i.e. = date of birth - date of retirement (number of yeras)
exmample :- if his date of birth is 1.1.1990 & retirement age of your company is 58 yrs = age of retirement will be 2048.
Date of joining in your comapny is Aug 2019, hence he will be entitled for grauity of 29 yrs.
Basic +DA /26*15* number of years (service)
Alim Khan
From India, Nagpur
Dear Raju-Gowda,
Based strictly on the provisions of section 4 of the Payment of Gratuity Act,1972, I am quite unable to understand and accept the answer given by our friend Alim Khan. I think that the Special Group Gratuity Insurance Policy covering whole life up to 58 years of age of the insured employees on payment of additional premium would have come to his mind when he drafted his reply.
As per the first proviso to ss (1) of section 4 of the PGA,1972, only the minimum qualifying service of 5 years is not applicable to the case of an employee dying in harness within 5 years of service in the establishment.
You can calculate and pay the gratuity to the deceased employee's nominee or legal heirs in the absence of nomination for the one year service he actually rendered as per sec.4(2) of the Act. If your management is magnanimous, more amount can also be paid.
In the absence of nomination, it is always better to deposit the gratuity amount payable with the Controlling Authority under the Act for the area for disbursement under intimation to the legal heirs.
From India, Salem
Based strictly on the provisions of section 4 of the Payment of Gratuity Act,1972, I am quite unable to understand and accept the answer given by our friend Alim Khan. I think that the Special Group Gratuity Insurance Policy covering whole life up to 58 years of age of the insured employees on payment of additional premium would have come to his mind when he drafted his reply.
As per the first proviso to ss (1) of section 4 of the PGA,1972, only the minimum qualifying service of 5 years is not applicable to the case of an employee dying in harness within 5 years of service in the establishment.
You can calculate and pay the gratuity to the deceased employee's nominee or legal heirs in the absence of nomination for the one year service he actually rendered as per sec.4(2) of the Act. If your management is magnanimous, more amount can also be paid.
In the absence of nomination, it is always better to deposit the gratuity amount payable with the Controlling Authority under the Act for the area for disbursement under intimation to the legal heirs.
From India, Salem
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc