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Dear All,
I wanted to know that An Employee attempt suicide then he/she is eligible for all the company benefit or not.
If yes then which benefit he/she will be get?
and which benifit he/she will be don't get?
Regards
Jesmin
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Dear Jesmin,
In the event of death of any employee following benefits are given to the employee's family:
1. All the PF amount of employee is given to the nominee mentioned by the employee in his / her PF Form
2. Entire gratuity amount is paid to the nominee mentioned by the employee in his / her gratuity form
3. Entire leave enchasment, LTA and pending settlement is handed over to the son / daughter / wife of the employee.
4. Incase of death case of an employee, there is a special working on weekly off wherein 1 day's salary of all employees is paid to the employee's family. The organization also pays the equal number of amount to the amount collected for working for 1 day extra as death case working to the employee's family. for example: If the total amount from each employuee's 1 day salary sums up to Rs. 2 Lac then the same amount of Rs. 2 lac is paid by the company which then sums up to Rs. 4 lac which is paid to the employee's family.
Dear Jesmin
Please give correct details.
Employee committed Suicide or he attempted to commit suicide?
The benefits will be considered for commission and that too without any foul play by the beneficiaries/next of kins/legal heirs.
In a recent article in the Atlantic, Marc Bookman compared the path through the justice system of two co-defendants sentenced to death in Florida after committing murder in 1977. Beauford White was electrocuted in 1987, despite his trial jury voting 12-0 for a life sentence. The trial judge overrode that recommendation and imposed death. White's co-defendant, John Ferguson, lived for another 26 years before being executed in 2013. His jury voted 12-0 for death. The foreman of White's jury later said, "We voted for life because we did not see a shred of evidence indicating that White himself actually took part in the killing." Two dissenting U.S. Supreme Court Justices called White's execution "inexcusable." Ferguson, on the other hand, had been diagnosed with schizophrenia by seven different doctors before the murder that sent him to death row, but courts eventually found him competent enough to be executed. The cases illustrate the wide disparities in the application of the death penalty.
Dear Jesmine,
The employee attempted to commit suicide but not successful will be liable to be proceeded against under the Cr.P.C and theI.P.C. So, let me presume that you are asking about the terminal benefits available to the legal heirs of an employee committing suicide. The benefits mentioned by Ankit in sl nos (1) to (3) will be certainly available. About the 4th one it depends on the practice followed in the organization.
Jesmin Modi (!),
From your post I am not sure whether he/she survived or not. If survived where the incident took place. Was there any official news about it registered in your office. If yes, how you are treating this. Have you charge sheeted him/her if the offence is committed. Unless and until the employee dies of the attempt there is no question of Full & final settlement and it will arise only when the survived employee terminated on charges of the suicide attempt. If your office doesn't take note of this officially there could be no action and he/she is back to work after the leave if any. There is no separate labour law relating to settlement arising due to suicide. Therefore your query should be specific with other relevant details. Your query appears as if someone is going to try it out after ascertaining the aftereffects.
Dear Jesmin,
What I could understand from you query that the employee has attempted suicide and is ALIVE. His such action shall make no difference in receiving his entitlements provided he resigns from his present post/service.This is puerly a Police case where a FIR will be lodged against him and action will be taken as per law.
On the otherside of the story, if the employee has attempted suicide and is DEAD. In that event his family members or legal heirs shall be eligible to receive all the benefits, which the empoyee himself would have receive, had he been alive. Our Super Moderator, Sh Ankit Chaturvedi has very well explained the benefits,which are available to the family. As regards the special contribution of one day's salary of the employees is concerned,it is not available to the deceased of the family in all the organisation.
BS Kalsi
Member since Aug 2011
Adding to Ankit: 1st & 3rd Part is to be paid/ settled along with the bonus or any incentive that is being disbursed to employee.
4th point - voluntary contribution is up to the management and staff, if they wish they can contribute. In many reputed organizations, they maintain corpus/ society/ club fund. In event of death of an employee, certain amount from that fund is given to deceased family.
2nd point - Gratuity: this can be given only if the deceased employee had completed 5 years of services. Gratuity is also payable on account of natural death or in case of accident during the course of employment.
Smit
Hi Smit Patel,
You have contradicted Para 2 of our Super Moderator, Sh Ankit Chaturvedi where he has mentioned that the "entire gratuity amount is paid to the nominee mentioned by the employee in his / her gratuity form". Instead you have mentioned against Para 2 that "Gratuity: this can be given only if the {deceased employee} had completed 5 years of services".I wish you draw your attention towards Privoso Clause of Section 4 of the PG Act,1972, which reads as "Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement."
I hope you agree with me.
BS Kalsi
Member since Aug 2011
Dear Mr. Kalsi, Thanks for correcting me and sorry for late reply as I was not accessing net for long. So, even in case of suicide, the Gratuity is payable. That I am correcting myself. Thanks Smit

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