Partner - Risk Management
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Administration & Hr
With my limited knowledge, I think after marriage that employee's immediate family is his wife and children. There could be some provision where employee has not amended his nominees but it can be shown now by producing required proofs.
Look forward to comments from experts who can throw more light on this.
13th February 2015 From India, Pune
Ref to my part / limited knowledge I am taking a opportunity to be of some Help to you in this noteable regards.
Once an working employee gets married, his wife & childrens (up to the age of 25 years) become employee's IMMEDIATE FAMILY in terms of Labour laws and dependants parents comes under secondary part / option. Hence, the first right of claim settlement goes to immediate family members only that is wife and kids.
Though the employee who was working has failed to submit a nomination to the employer still as advised to you by vaishali parikh - The marraige certificates, ration card (if ration card contains spouse & childrens names on it), evidence proofs, aadhar cards, PAN cards (with change of name after marraige of wife) could be produced and the family could seek a help from the employer and the concerened Labour Laws enquiry Dept & settle down all the claims respectively.
For statutory benefits withdrawals - below are the references of some respective Form nos.
Form No. 19 & 10 C - for withdrawal of Provident Fund & Pension by the employee
Form No 10 D - For Pension settlement by a nominee or legal heir
Form No. 20 - Incase of Death, EDLI benefits can claim by the nominee or legal heir
Form No. 5 IF - For claiming assurance benefits
The wife is entitled to receive a life time pension and the childrens are entitiled to get it up to the age of 25 years.
Kindly fill up Affidavit on Rs. 100/- Stamp Paper and submit the same to Labour office keeping a Photocopies of the same.
For getting the Pension, submit along with the Affidavit - Xerox of Savings bank account
statement, Date of Birth proofs of all (wife and childrens) and group Photo of the Family and individual photos as well).
The Gratuity , EDLI, Prov Fund & Pension could be received by this way of sources
Kindly seek the required help from the Company where the person was working. They must be having contact details of the Consultant who can advise and guide you free of Cost in this matter .
If you require more help kindly wirte back and I shall see what further help I can provide to you.
Thanks & Regards
13th February 2015 From India, Mumbai
Ask the wife to take a NOC from parents. Or let them jointly give you a letter of how they would like to split the amount. (PF and ESIC a authorities will make their own decisions).
If this can't be done, then approach the labour commissioner under gratuity act and ask him to review and decide on the matter. Either give the money to him to distribute or distribute it in line with his written order
14th February 2015 From India, Mumbai
Please note that whenever any query is put up, there is no need to hide one's name.
In my view, the wife can claim posthumus death benefits as legal heir on submission of required documents to PF, ESI (if he was covered through his subscriptions paid on time to the authorities) and Gratuity for 10 yrs. service as well.
To claim these benefits, you will have to personally meet the respective departments of the PF, ESI and insist that the employer releases the Gratuity amount of the deceased within 30 days of his demise.
All the best. Pl take care of your senior citizens accordingly.
17th February 2015 From India, Mumbai