Nominee In ESI - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
R B Yadav
Advocate & Management Consultant On Labour
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Premkumar Nair
Manager (hr)-retired
Meenu Sachdeva
Training & Education
+1 Other

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Dear Seniors, Greetings!!! can fiancee shall be considered as nominee in ESI form? is there any additional formality for the same.
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Dear Meenu Sachdeva,

You can nominate fiancee in ESI.

There is no provision in ESI Act alike in EPF&MP Act and in POG Act.

Nominee should preferably be the legal heir/s or a person in whom trust is reposed to ensure the fair distribution of claim to the real heir.

In on line submission of Form-1, there are various options in which 12th option of others you can choose for nominating fiancee.

But, now I have two questions to ask.

First question is, in ESI on line submission of Form-1, nomination options are as under:

1. Spouse

2. Minor dependent son

3. Dependent unmarried daughter

4. Dependent son receiving education

5. Dependent infirm son

6. Dependent infirm unmarried daughter

7. Dependent father

8. Dependent mother

9. Brother

10. Sister

11. Dependent son receiving education

12. Others

This means major dependent son, dependent married daughter, dependent son not receiving education, non dependent father/ mother etc. are they not be a nominee? Or can be they in others?

( option at sr. 4 and at sr. 11 is same which corporation has not noticed till time)

Second question is why then many places such as banks, insurance companies etc. they reject the nomination other than family member?

Experts are requested to comment.
Keshav is right, but I would say why shouldn't he nominate father or mother as nominee now and once he gets married let him change his nomination to his spouse? I recommend not to nominate your fiancee because at a later stage this may create a lot of confusions. Obviously, after marriage the spouse will be the nominee as per law. The rules of legal heirship also seems to provide that successor should have a relationship with the person and fiancee has no such legal relationship until marriage takes place
Regards,
Madhu.T.K
Dear
I would like to say that in case of married Insured Person, only the spouse of the IP should be nominee in all cases. It will cause lot of problems on later on stage if it has been nominated fiancee as nominee.
Regards
R B Yadav
Advocate
Dear Ms.,
First of all, status of mominee is of custodian and he is supposed to handover the money or the asset to the successors/ legal heirs. Hence various authorities insist for family members as nominees to avoid disputes arising out of misappropriation of such funds/property.
Coming to the point of fiancee as the nominee, what's the hurry? The girl wanted to test the fiance?? Let them be man & wife. Anyway, nominee claim arises only in case of death of insured.
My view on the issue is as under :

The issue of nomination is dealt with by Form -1. Point (C) of the Form 1 requires the employee to furnish details of the nomination in a tabular manner.The table consists of three heads namely 1) Name 2) Relationship 3) Address.A look at the heads reveals that the nominee shall have relationship with the employee.The question is as to what shall be the nature of relationship of the nominee with the employee. I am of the view that the relationship shall be familial with the employee as observed from Regulation 11& 12 and the point no(2) of the instructions which defines a family.This definition enumerates various persons that come within the ambit of familial relationship. This definition does not refer to 'fiancee'.Secondly a fiancee, in my view, does not acquire the status of 'spouse' unless the marriage is performed as per the personal law of the employee concerned or as per the relevant law of the land on marriages and therefore cannot be said to be a relative of the employee.If the employee is unmarried, he can nominate dependent parents.Incidentally Form-1 as appended to the Act,Rules and Regulations does not refer to 'others' in the definition of family.Other views are invited.

B.Saikumar

Mumbai
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