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Dear Xavieer

I fully agree with Rajkumar Hansdah. Can anybody bring back the dead person alive? Ask if this case happened to you or any other top people who now playing the tactics to add further hardship to the diseased's family by delaying / denying the due benefits (as you mentioned a part payment is released).

This unfortunate executive died in the course of employment.

Why succession certificate is needed? Is there any third person came forward to claim as his family? Or had he not mentioned in his PF / Gratuity form any nominee?

Please note, HR though considered as a support function, is also function as brand manager of organisation. If you treat your employees well, they well spread good image of your company. That in turn is a branding process of your organisation without any advt expenses.

You think in future if you want to send any other employee abroad with any assignment, would he / she go knowing that one of their colleague's family is suffering now due to company's lethargic approach? What image your employees will be carrying out due to this? Would they refer any of their friends / family members to your company for employment? Do you think the current employees would like to stay back in your company happily due to these types unhealthy attitudes? would you as an individual, like to continue (from your heart) knowing this incidence?

Your employees are not machines to throw away.


Prompt your management to think with human heart and request to release at lease whatever is due as per eligibility, if situations are not complex. And any further contribution from management side to his family will always be a good Samaritan act.

Please remember - all Acts, Rules, Laws, etc. are drafted to ensure minimum benefits to the sufferers, if you offer above this bar, no law will punish you, but always be remembered by all.

Suresh

From India, Pune
Mr. Xavier.

First of all the asking succession certificate from the dependent is nothing but time consuming . it is not easy to get succession certificate in a day or two , it will take at least six months to one year. and under the circumstances the wrong message is going to the existing executives or Managers or Staff members.

About compensation under work man compensation , Management could have pro active to give the benefit to the Manager who died while on duty .

Secondly , recently my company has taken work man compensation policy from one of the government insurance company. under this policy all employees including Managers are covered . the benefit will be given only in case of died or injured while on duty . Now here the question of Manager and employee does not arise.

Thirdly law is silent . if law is saying that he was not employee being a senior executive , then law dose not clear that he was the owner of the company.

Kindly speak to your management and sort it out amicably . because this is the specimen situation where every body is looking at management steps .

Thanks.

Deepak.

From India, Thana
Dear Xavier,

The most important question we need to ask ourselves is that if the laws are made to assist us or defend ourselves? We cannot become heartless under the pretext what a law says. We also cannot relax by paying the minuscule amount of the group insurance.

We are the face of the employee as well as an employer to each other. By delaying the procedure coz of documentation will send a very negative vibe to the existing staff. You mentioned that the executive died in an robbery attempt on an official tour. Also he is a part of the company for last five years. It's a pity that we let our staff's family suffer when a stability of 5 yrs for a marketing professional is not seen in today's competitive market.

I would as an HR recommend few options to the management:

# Offer employment to the spouse if the deceased executive was the sole earning member of the family.

# Offer atleast the basic salary as monthly compensation to the family till his age of retirement

And do let us know about your management's decision. I am sure all of us are awaiting a win win solution.

From India, Mumbai
Hi :
So often the humane side of the Human Resource professionals takes a backseat in the pursuit of pleasing the management. It is in situations like this that the HR should stand up and play the most humane role.
Anhow already our esteemed members have posted valuable inputs. Please consolidate the suggestions and put it up to your Management team and try your best to steer appropriate action which will benefit the deceased employee family and also leave behind a strong impact on the employees hence increasing their sense of belongingness towards the company.
This is a sensitive issue and hence the pace at which the company handles this matter is very important.
ALL THE BEST !!
- Gia

From India, Pune
There is no Section 53 in the Act and no where it is mentioned that top executive is not liable for compensation. As per my study of the Act it is said that every employee of the company who meet to an accident & caused death during the working hours, is liable for compensation as per the act.
From India, Mumbai
Dear Xavierr,
under amended employees compensation act all employees are entitled for compensation as if his salary is 8000 pm and you need to deposit the same with concerned workmen compensation authority ie Dy commissioner of labour as it ia an accident while on duty

From India, Hyderabad
Dear all the learned contributors to this thread,

Very well I can understand all of your concern for the deceased and his bereaved family.Material comforts and monetary support apart, the care and affection showered by the bread winner of the family upon his wife and children cannot be substituted at all.How ever, I respectfully refute the views of certain friends about the applicability of the Employees Compensation Act,1923 to the deceased employee in view of the limited sweep of the definition clause read with the exhaustive Schedule II. Right or wrong, unfortunately,any Social Security Labour Legislation is selective in its applicability and minimal in its scales of compensation.So, let legality be out of the current discussion. Earnestly I do hope that Mr.Xavierr can still don the mantle of a real saviour and play an active role in changing the mind-set of the management from strict legal orientation to humane consideration and compensate the bereaved family in the manner befitting his sacrifice as suggested by the members.Such a gesture of magnanimity from the management is part of its corporate social responsibility, I suppose for the employees cannot be isolated from the rest of the society.

From India, Salem
Mr Xavierr
First of all understand that what is provided by law in this type of cases is the minimum..There is no maximum limit. Maximum is the magnanimity of the management.See what Tatas has done to the victims of 26/11 Bombay attack.
Now about his eligibility under EC Act,you pl read sec 2(dd) and schedule 11 of the EC Act 1923.
Further length of service is immaterial.
For further discussion you can call
Varghese Mathew
9961266966

From India, Thiruvananthapuram
Dear All,
he lost his life and this is a bog loss for his family. Why to deny the compensation? There are copmanies who take the life cover for employees (max 3 time of annual CTC). Why not to start good practices? Afterall he must have sweated for your copmany.

From India, Pune
Well, even if an executive comes under top level but still he/she is an employees and should eligible for the employee compensation however it may vary in terms of amount or facilities etc., depending on the level but all executive from junior level to senior or top level, all executives are eligible for employee compensation as per company norms and employment agreement.
From India, Lucknow

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