Partner - Risk Management
Sakthi Sukumar
Sr. Officer Hr & Ir
Hr Manager
Sr. Executive - Hr
+1 Other

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One employee died (suicide) when she is on leave. she is just completed only 5 months of service. So, in this case what are all the legal obligation to an employer. And how can we help her family by LWF (Labor Welfare Fund) and PF pension scheme please suggest. What are all the eligible criteria's and how much amount will she get as Funeral expenses or PF pension for her children.

From India , Hyderabad
As per law she is not entitled to any compensation from the employer
With less than 1 year in service she is not eligible for gratuity.
Since she was on leave and suicide, there is no claim under employee compensation act.
She will of course be entitled to compensation under Pf act.
If you want to help you are free to do it. But there is no legal claim for the same.

From India, Mumbai
Saswata, you may wrong she is noway to get a gratuity for below 5 yrs of service unless otherwise employment Death but she can eligible for EPF Family Pension & EDLI Death benefit.
From India, Mumbai
Yes your are right Sakthi, According to low of government, the Gratuity is not applicable for her because she worked there below of 5 years.,If any of cases ,otherwise employment Death but she can eligible for EPF Family Pension & EDLI Death benefit.
From India, New Delhi
Dear Sir / Ma'am,
Her Family members (legal heir) is entitled to receive benefit under EPF and EDLI and also for gratuity.
To Claim gratuity not required no. of Services of five years when employee died before five years.
Best regards,

From India, Ahmadabad
I think the law says that in case of death during employment gratuity is payable even if 5 years is not complete. During employment means while she is still working with the company. It does not mean she must be in the office / factory.
In any case gratuity is 15 days for every completed year if service. So since she worked for only 5 days gratuity is nil.
We both are saying the same thing thought our logic is different.

From India, Mumbai
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