Gratuity eligibility

CHINNARASU (Querist) 13 February 2013 This query is : Resolved
Dear members,
An industry newly opened on 01/01/2006, an employee joined as worker in same date, while service period unexpected he passed away on 01/10/2007(death happened out of the employment). Whether the deceased employee's dependent have rights to get gratuity?

Regards,
Chinnarasu.b

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Raj Kumar Makkad (Expert) 13 February 2013
They are entitled for Death cum Retirement Gratuity.

Isaac Gabriel (Expert) 14 February 2013
No statutory minimum has been fixed in the Gratuity act.Yet,in case of death before the completion of minimum period of service of five years,proportionate gratuity is payable.

Guest (Expert) 14 February 2013
In case of termination on account of death or disablement of an employee, completion of continuous service of five years is not necessary. He becomes eligible for gratuity by taking his service as equivalent to two years, in terms of sec.4(1)(c) of the Payment of Gratuity Act.

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