Tsivasankaran
Consultant
Loginmiracle
Consultant & G.m.
Uniquekuldeep
Hr Executive
Anjaneyulu M
Administative
+3 Others

dear sir/madam,
i am anjaneyulu working as a trainee administrative in private company.
one of my company staff pass away due to health problem and he had 28 years experience. what kind of benefits we will give to him(his family members).

From India, Korba
Hi,
Nominee of the died person should get minimum as under.
1) Gratuity payment considering he would have been worked till his retirement.
2) EDLI benefit from PF office alongwith PF and pension to his nominee.
3) All his dues like salary or benefits if he is eligible or not paid.
4) Ex-gratia, bonus for the year if he is not paid.
5) If you have the group life cover, then sum insured.
6) What is the reason of death? Please check.
Regards,

From India, Pune
Dear friend
I endorse the answer given by Mr. Vinod Bidwaik. Apart from that, your company may provide compassionate appointment to one of the dependents of the deceased in your company in any suitable job so that the family members of the deceased may have livelihood.
Suri Babu Komakula

From Canada, Calgary
Dear Vinod,
In reply to Anjaneyulu's query, you have mentioned the following on Gratuity:
"1) Gratuity payment considering he would have been worked till his retirement."
As per your above statement, the employee should get gratuity considering he would have worked till his retirement, even if he died before his retirement. To the best of my knowledge, the employee gets gratuity till the last working date, and, therefore, gratuity is not to be considered till the employees' date of retirement.
Could you mention which section of The Payment of Gratuity Act, 1972 says that in case of death, the employee should get Gratuity considering he would have been worked till his retirement?
Regards,
Kuldeep Singh

From India, Vijayawada
Kuldeep Singh is right. Law does not provide for gratuity till the date of retirement. If the organisation has taken policy with LIC , then check the terms and conditions of the gratuity deed Some policies provide for payment till the age of retirement. It is not a legal retirement but additional facility offered..
On Mr Suri Babus suggestion of providing employment on compassionate ground, let me caution that is not a good practice and many companies have struggled hard to come of such policies in the past. Let us not reinvent the wheel. There are certain hard lessons learnt by many organisations over a period of time. New organisations have an advantage of the lessons learnt by other organisations\

From India, Chennai
Dear Anjaneya,
Could U tell us whether your's is a Mine or an Industry. R U covered under ESI Act. & Workmen's Compensation Act ? Was he covered under any Insurance (Group Insurance or individual). If your co. is a Mining co. under Mines Act whether he worked below ground or above ground. What was his designation ? These are required to suggest some more areas in addition to wat have been indicated by other friends.
kumar.s.

From India, Bangalore
Mr.Sivasankaran has clarified the position in which gratuity till retirement would be considered, though it is not possible under the Gartuity Act. Further to the lsit of Vinod, also
add encashment of leave, if any remaining unavailed.
B.Saikumar
HR & Labour Law advisor
Mumbai

From India, Mumbai
Compassionate appointment is not a statutory right It is the policy of Company.Gratuity till retirement is also not a right.It is the extended under insurance policy. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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