Death Of A Contract Worker While On Duty On His First Day To Work - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Pbskumar2006
General Manager-hr
Tushar.swar
Manager - Human Resource
Rkn61
Hr Manager
Adv. Manoj Liyonzon
Advocate, Chennai
Kknair
Hr, Ir, Law, Disc. Matters
+3 Others

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A guard (on contract) died on 1st day of his duty while on duty in night shift in our firm.
What Benefits and compensation he is liable to get for one day of his duty and how.It was a natural death as per postmortem report.
What the contractor need to do like filling of claims with ESIC and PF. The guard was having his PF account number with his previous employer i.e before joining our firm.
Kindly help.
-Sanjiv

Dear Priyadarshani, If he is having the PF & ESIC previouse account then, he may eligible to get the benefits under the same subject to sufficient contribution in the same. Regards, Tushar Swar
Dear Priyadarshi SK
Nominee is eligible for various Benefit under the ESI AND EPF Act
EPF
1. Nominee is eligible for pension under the EPF Act , Please fill up form 10-D and submit your SRO
2. Nominee is eligible for EDLI under the EPF Act , Please fill up form 5(I.F.) and submit your SRO
3. Nominee is eligible for withdraw EPF amount , please fill up form 20 and submit he SRO office
ESI:
1. Nominee is eligible for funeral expense
Dear senior I hope this correct one

There are a few legal issues in it. First of all, the deceased being an employee of the security agency, your role is limited. But you have to check whether on the date of joining itself, the security agency has registered him under ESI and taken steps to get his PF transferred from the previous employer by filling form 13. If not, then both the agency and you will be at a risk, because primarily the agency (contractor) is responsible for enrollment of each employee he hires on the same date of his joining itself and secondarily, when you find one new person being engaged in your plant or establishment by the contractor, you should have collected the relevant documents which shows that the new person is covered under the ESI and or EPF.

Now, if his name has not been figured any where in ESI or PF, it is difficult for his dependants to get funeral benefits from the ESIC and EDLI from PF. Both are not available to a person who is out of employment. If he has not been registered, naturally, he should be regarded as a left employee, though once he joins another organisation he will get the status of employee and that also on getting himself registered, and from that date onwards, he will start getting the benefits of the contributions paid while he was with the previous employer. Only thing which will support his dependents is that it is not the duty of the employee to make sure whether he gets continued coverage of these social welfare schemes but it is the responsibility of the employer to make everything in order. In a particular case, the court have also said that ESIC cannot escape from liability of paying benefits just on the ground that the employer had failed to register an employee or failed to pay contribution in respect of the employee. This implies that even if the documentation part is delayed due to any technical reasons, an employee or dependents of a deceased employee should not be denied the benefits to which they are entitled.

Legal issues are not over with the above. In the absence of any declaration or nomination the employer should also get satisfied of the genuineness of the claimants, ie, dependents. This is another headache for the contractor. For each and everything the contractor, the employer, will have to depend on the records of the previous employer.

Madhu.T.K

Sanjiv, To add to what Madhu said, pl check the contribution status under PF and ESI, the last contribution when was it paid. If it has been paid fully till the last month, then the contribution for the current month is due only now, he stands very good chance of the compensation. The law never postulates that on the first day of employment, if the employee dies, then no compensation is payable. Pl revert after getting details of contribution status. KK
Suppose any company has recruited a guard, who is above 60 years old, on retainership basis, whether he is exempted for dedhuction of
ESI & EPF contributions, if not, who will be responsible for nominees' benefits in case of the death (natural or accidental) of guard.
Kindly advise.
Akhay

Under EPF or ESI there is no age limit prescribed. Only thing is that an employee who has been getting PF pension can be excluded from the coverage of PF. It does not mean that a govt. pensioner is also excluded but he should also be covered since he is not a PF pensioner. In case of persons aged 58 and above, PF is mandatory but the employer's contribution towards pension fund shall be contributed in the provident fund itself. For ESI, no exemption will be available unless otherwise exempted by means of higher salary or the establishment itself being exempted from coverage.
The status of employee, like retainership, temporary, fixed term etc, will not make any difference in the applicability of labour rules.
Madhu.T.K

Dear Friends,
All are given a positive ideas. It is advisable whenever any employee joining first we have to obtain the signature on the declaration form of both PF / ESI for safe. If he is working under contractor or daily wage etc. Further obtain UN-named Insurance policy with limited employees for emergency purposes.
Regards,
PBS KUMAR

Hi Sanjiv
clarify to have good ans
-whether the employee directly contracted with you?or the Contract Company?
-If contract company, then whether the contract extends specifically to the died gaurd?
-who was contributing to his PF & gratuity- Also quote nature of his work & at what time he died?. whether medical facilities are provided at emergency ?
because Heart Attack is also natural death, how ever it is claimable if occured during working hours as per supreme court recent judgements.

Adv. Manoj Liyonzon please post judgement , it is useful to all

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