Last Salary Of Deceased Worker Unpaid - CiteHR
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Dear sir,

In December 2010 a dear friend of me passed away with unknown cause.

This dear friend had been working in India for Eneroil drilling, head office in New Delhi.

He left India in November 2010 for off days and his last salary was not paid at that time and till today still not paid.

When I started inquiring this, in Jan 2011, to Eneroil Drilling about this they replied it will transferred as soon as possible. After waiting several months till around april 2011 I send email again to Eneroil, their reply was that the salary will be deducted for unpaid taxes. My relative last salary was around US$ 12,000 and will be deducted with about US$ 8,000 of taxes.

After having discussions and protest regarding this big amount of deduction, the wife agreed to have this last salary deducted and requested the remaining amount send to the wife bank account.

Till today Eneroil has not transferred this remaining salary amount to the wife bank account with the following reason: Eneroil is not allowed by Indian Law to transfer the salary to the wife bank account.

My question:

1. Is it possible or justified by Indian Tax Law to deduct that much from the salary.

2. Is it also by Indian Law a company can not transfer the salary to the wife bank account.

Any solution or suggestion to have Eneroil transfer the last salary to the wife account.

Hello Jacob Pepsy,
There are some grey areas in your summary of the situation.
1] Did your friend expire while away from India?
2] Was his death Certificate from the Authorized/Competent State Authorities in his country passed on to Eneroil? If no, then Eneroil MAY NOT be able to do any fund transfer to the wife's bank account. Even if Yes, they would also need to be provided some legal document that SHE is your friend's wife--since such transfer can be done to the legal heirs only, UNLESS there's a CLEAR written instruction to Eneroil from your friend before his demise.
There's one thing that I can suggest--pl contact the Local Indian Embassy in her country. That could make the wife to co-ordinate things better I guess rather than she in another country & interacting with Eneroil in New Delhi.
Rgds,
TS

Tajsateesh,
My friend passed away in his home country, which is indonesia, I think his death certificate was never passed on to Eneroil.
I might make the suggestion to my friend to contact the Indian embassy in Jakarta and inquire for any info.
Thanks anyway for your reply and suggestions
r
Regards

Hello Jacob Pepsy,
The Jakarta Indian Embassy would your best bet, in the given situation.
They would be able to guide reg the docs needed for a speedy transfer of the pending dues & the possible tax issues.
Also, I think your friend's Marriage certificate also would be needed--in these days when anything can be claimed by anyone, documentary evidence for such legal issues are bound to be asked.
All the Best.
Rgds,
TS

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