One of the permanent employees died on his retirement date i.e. 11:30 PM after all his retirement benefits were paid to him. My query is whether the family of the employees would be entitled for death benefits that is available to an employee while in service.
From India, Delhi
From India, Delhi
Your query is not clear. did he die due to any accident while performing duties? B.Saikumar HR & Labour Law advisor Mumbai
From India, Mumbai
1898From India, Mumbai
No, he didn't die due to any accident while performing duty.
The employee died in the hospital at 11:30 PM on 31.03.2012. (The employee retirement date was 31.03.2012).
The employee was in hospital from 22.03.2012. All the retirement benefits was paid to him on 31.03.2012 before office closing time i.e. 05:00PM
I rephrase my query as:
1) In the above case, whether the family of the deceased person will be entitled for the death benefits, which is given to active employees of the company.
2) If the retirement date of employee is 31.03.2012, then at what time it would considered that the employee is retired:a) at 05:00 PM, the office closing time on 31.03.2012 or b) 11:59:59 PM on 31.03.2012
From India, Delhi
The employee died in the hospital at 11:30 PM on 31.03.2012. (The employee retirement date was 31.03.2012).
The employee was in hospital from 22.03.2012. All the retirement benefits was paid to him on 31.03.2012 before office closing time i.e. 05:00PM
I rephrase my query as:
1) In the above case, whether the family of the deceased person will be entitled for the death benefits, which is given to active employees of the company.
2) If the retirement date of employee is 31.03.2012, then at what time it would considered that the employee is retired:a) at 05:00 PM, the office closing time on 31.03.2012 or b) 11:59:59 PM on 31.03.2012
From India, Delhi
The employee has been hospitalised while he was in service i.e 22-3-12. Even though he died on the date of retirement and even after the receipt of retirement benefits, the liability to pay any compensation falls on the company, if the following conditions are fulfilled .
1) The illness or injury should have been due to his employment;
2) The employment (company) should have been covered under Schedule II to the Employees Compensation Act 1923.
Otherwise, there i sno liability.
Normally an employee stands retired from the service at the closing hours of the office on the date of his retirement and it depends up on the language of the relieving letter.
B.Saikumar
Mumbai
From India, Mumbai
1) The illness or injury should have been due to his employment;
2) The employment (company) should have been covered under Schedule II to the Employees Compensation Act 1923.
Otherwise, there i sno liability.
Normally an employee stands retired from the service at the closing hours of the office on the date of his retirement and it depends up on the language of the relieving letter.
B.Saikumar
Mumbai
From India, Mumbai
Dear K.Prakash,
In the instant case the employee might have been paid all benefits as applicable for retirement, yet, died at 11.00pm probably at night in case 11.00 am it is the day time and that falls on working hours thus benefits on death can be claimed, however, 11.00pm the employee is not eligible for death benefits. Further, retirement order contain the date as the last working day with AN and not FN, it clearly means the employee is not going to continue to work for the next day and the term of service cease at the working hours of the company probably by 5 to 6 pm which ever is applicable in the instant case. In case of Sunday or any National Holidays falls as last day of retirement superannuation the day prefixed will be treated as last working day. Hope, this clarify your doubt.
From India, Arcot
In the instant case the employee might have been paid all benefits as applicable for retirement, yet, died at 11.00pm probably at night in case 11.00 am it is the day time and that falls on working hours thus benefits on death can be claimed, however, 11.00pm the employee is not eligible for death benefits. Further, retirement order contain the date as the last working day with AN and not FN, it clearly means the employee is not going to continue to work for the next day and the term of service cease at the working hours of the company probably by 5 to 6 pm which ever is applicable in the instant case. In case of Sunday or any National Holidays falls as last day of retirement superannuation the day prefixed will be treated as last working day. Hope, this clarify your doubt.
From India, Arcot
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