Employee Is Dead - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Adoni Suguresh
Sr.executive (per & Adm)
Subbarao.nv
Presently Working As Dy Manager Hr &
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
9871103011
Private Consultant On Labour Laws
Apawanz
Generalist Hr.

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Deal all, one of our company\'s employee had passed away, on his way to the company on 24.11.2014.
Hence please suggest me on further process i,e. where would I have to inform ? What should I do ? Which formats I have use while approaching the ESIC,EPF , CIF , please advise me ? From where his wife get pension from ESIC or EPF department.
Please suggest !!!

Hello,
First think, get that employee death certificate from his/her family. and send the Form 20, 10-C, 10-D for PF Settlement. Form 20 for claim EPF amount. Form 10-C for claim pension Fund. Form 10-D for get the Monthly pension for Employee nominee.and then send the Form-5(IF) for claim EPLI Amount.
If that employee Death in Industrial Accident, We have Inform to ESI and IF within in 24 hours. And From 12 to be for ESIC.

dear
first of all you should inform esic department through \"accident report\" about this death. after that complete all documents as demanded by esic office. Secondly you should claim pf dues,pension and edli insurance from epf department
thanks & regards
pardeep sharma
9988666364

Contact with the employer HRD with Death certificate & other official documents, they will guide you.
Apawanz,
1.What is the cause of death of the deceased employee ?
2.He died due to any accident ? If so is there any FIR registered with the Police ? Any vehicle involved in the scene of death ? Was he hospitalised ?
3.Also provide details about your co. Was the deceased employee covered under EPF/ESI/Gratuity and Group Insurance etc.?
4.Death Certificate is the most important document to proceed further
5.Who are the surviving family members
6.Who are the nominees under EPF/Gratuity
Pl.provide complete details so that suggestions coming forth from the members will be comprehensive.

Dear Mr.Apanwaz,
Your employee is died on the way to company. How is died. Whether it is of a natural death or if any accidental. This you have to clear us. If it is natural death, the company is not having any liability to pay any compensation except settlement of his account whatever it may be. If it is the accidental case, then the Company has to pay the compensation in addition to his final settlement provided he was traveling in the vehicle provided by the company. If not this has to be dealt with humanity grounds.
Always I am insisting to the writers to come out with the facts and furnish the full details to enable us to give our opinion. Your case you have not given full facts of the case.
Adoni Suguresh
Sr.Executive (Pers, Admin & IOnd.Rels) Rtd
Labour Laws ConsultaNT

Dear Frnd,
As per your posting it is clear that an employee met with accident while commuting to his work place on 24.11.2014, in case if your company is covering GPAP (Group Personnel Accident Policy) he is eligible for claiming the same and the amount will be paid to Company and company needs to pass on such payment to the bereaved employee's family and like wise Employees Deposit Linked Insurance through RPFC need to be claimed and PF to be claimed and Pension forms need to be filled, Gratuity needs to be released by your company. All these needs a Death Certificate, the original needs to be retained by the bereaved employee's family to draw if any LIC Policies are made by him etc. You are required to do all these help to the family as responsible HR handling person.
Regards

Thanks to all for reply !!!
Actually he was coming by two wheeler and met an accident on road with truck approx 5:30 am in morning as his duty time was 6:00 am.We got a call for that accident by a person who met him on road but didn't found any witness , no truck number. We are exempted from EDLI and having insurance policy of rs. 1,60,000/- . information hv given to police for the same.He is under ESIC and only 1.5 yrs old so not eligible for gratuity.In his family only wife and parents are there.And his dead certificate is ready.
so where else hv to inform, what format need to use, how to proceed further. Please suggest.

--------------
Though he has not served/completed 5 yrs. but still he (his nominee) will have to be paid gratuity as per the Act due to the premature death. Other details will follow.

Dear Apanwaz,

I am sorry to say that we rush to give our comments/views without having hold over the subjects.You will appreciate that when such a serious query is raised by a person we really need to examine the case from all angles. I appreciate the efforts of Sh S.Kumar & Sh Adoni Suguresh,who have sought the information/details to examine the case. On subsequent clarification, we are now in a position to advise properly,which as under:-

1. Since the deceased has met an accident,outside the premises,while on the way to attend his duties, he is surely entitled for compensation. Lodge a FIR report with the Police, no matter even if no witness is there or vehicle number is not known. The employer is required to send an accident report in Form -12 under ESI (General) Regulations,1950, to the Branch office & nearest Insurance Medical Officer (IMO). The IMO shall issue a Death Certificate in Form-13 of the Regulations for claiming Dependent benefits or Funeral Expenses.

2. The PF acculations shall be payable to the nominee as recoded in the service book. If no nominee is recoded, The PF proceeds shall be equally divided amongst the members of his family.

3. You have shown your apprehension about the payment of gratuity but such cases where death occurs,the period of Five years for the eligibility is not needed.

4. All other statutory benefits,which were/are due to him shall be payable to the nominee or the dependents as thecase may be.

BS Kalsi


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