NPMBDear All Senior Member
One of our workmen was met with a road accident during his personal visit to his village in Dec-2013. We had calculated his F&F amount and issued Cheque in the name of his Wife. They are living in a village area and his father requests us to lodge a complaint in ESIC and declare his death during employment period which itself an illegal act. As we rejected to do that so his father also rejected to receive his F&F amount. Whenever we contact with his father for his F&F amount he rejected to receive the same.
So, please suggest in such a situation what we can do or whether we can deposit the amount in Labour Court or just issued letter and send through registered post.
From India, Jamshedpur
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Accountant, Hr & Ir Handling
bcaryaDear NPMB Ji,
As you have mentioned that the employee was meet with Road Accident, in that case, I feel that you took the right decision to not to admit it as death during employment. As it is illegal and may create problems for your organization.
Although, as per concern to the FnF Cheque, as you have mentioned that his father has denied to take this cheque, is there any written statement of his..??
If not, than you should send this cheque through Registered AD in the name of the deceased employee's wife, as she will be his nominee due to which you had prepared the FnF Cheque in her name. Otherwise, might be possible that in future she may claim for the same with interest as she didn't denied to take it..!!
If there is any written statement of his father, in that case also you may ask him to provide this in written with the signature of his daughter-in-law. And you can submit that cheque along with the copy of their statement to the labour office with necessary acknowledgment. It will protect you in future.
Hope this will help you.
From India, Delhi
k_manjuvaniHi, As Mr. Bhuvan said its minimal documents to keep in records for such cases with written documents. As it is sensivity oriented get the outputs from your legal/regulatory team.
In my opinion you should deposit the F&F amount of Gratuity with the Controlling Authority as per rule, i.e. with ALC(C). As regards EPF and other due on a/c of salary and leave encashment as the case may be, it should be sent to the Nominee under Registered post with A/D or through Speed Post. Please don't forget to keep a token of proof of earlier dispatch and re-dispatch. Even if this time the envelop is returned undelivered, just keep the returned envelop, covering letter and the Cheque in record/personal file.
Secondly, to give a human touch to the grieved family, you may just call widow of deceased employee notifying her of your intent through a letter. Just explain the things to her, solace her, and convince her to accept the amount as this is what you and your Company can do at the most. Advise her to take shelter of law to claim compensation under Motor Vehicle Act from State.
Hope your human touch will make the father and widow of deceased employee understand your constraints in a better way and they will remember your concern.
From India, Jabalpur
He met with an accident outside purview of the ESI Act. It cannot be hidden because everybody knows the fact.
You can settle his account to the legal heir as per rule. If they refuses to receive will be there lookout. you need nor worry. keep a record of it for future reference and record.
From India, Hyderabad