Can you detail the gratuity calculation in case of death of employee while in service? I have not seen such provision in the Payment of Gratuity Act. The Act only says that if an employee dies he shall be given gratuity without considering whether he has completed five years continuous service or not. That means, if an employee dies after completing only 3 years, his legal representative should be paid gratuity even though the employee had not completed five years of service and the amount of gratuity shall be calculated in the same manner when it becomes due in other cases. There is no mention of remaining years service under the Payment of Gratuity Act. Of course, there may be companies which have adopted such formula for calculation of gratuity and it is purely their internal matter.
Regards,
Madhu.T.K