Eligibility for pf gratuity

Dear Client,
Your query lacks information. Save and except the position your deceased father held in the company, you did not disclose any terms of his contractual appointment which is crucial to understand your rights and remedies in the given scenario. However, be informed that PF Gratuity, Insurance etc all these social security laws are applicable to any organization based on the company's size and number of employees hired. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, is mandatorily applicable to a company employing 20 or more people including people hired on contractual basis. A contractual employee earning a monthly basic pay plus dearness allowance of up to Rs.15,000 is mandatorily covered under the Act and those earning more than this threshold limit can join this PF Scheme voluntarily with the consent of the employers. So, first ensure from the pay slip or CTC details whether, any contributions were deducted from the salary of your deceased father and accordingly raise your claim following standing procedure of refund of PF from the concerned authority. As regards gratuity, contractual employees are also entitled to gratuity under the Payment of Gratuity Act, 1972, if a company employing 10 or more people including people hired on contractual basis provided the employee was in continuous service of the company for a period five years and more. This five-year condition is waived in cases of death or permanent disability, if caused during employment. According to Section 4(1) of the Payment of Gratuity Act of 1972, a gratuity shall be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more in the establishment. Under Rule 7(1) of the Payment of Gratuity Rules, 1972, an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, within thirty days from the date the gratuity became payable, in Form 'I' to the employer who is duty bound to disburse the gratuity within 30 days of cessation of employment of employee or claim made by an employee, failing which, claimant can escalate his or her claim before the concerned Labour Commissioner and the Controlling Authority under the Act. Under Sub-Sec. 5 of Section 7 of the Act, the Controlling Authority is empowered under the Code of Civil Procedure, 1908, to try the claim of the applicant and pass an order/direction on the claim petition. Insurance benefits for contractual employees depend on the company's policy, type of insurance and the terms of employment and in the absence of any documents supporting the claim, it may not be feasible to opine anything on the subject upfront.