prs.reddy53
Hi, 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 obligations for the 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
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Singh.jitesh
Hr Manager
Prs.reddy53
Dy. Manager - Hr
Sakthi Sukumar
Sr. Officer Hr & Ir
+1 Other

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saswatabanerjee
2286

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
Sakthi Sukumar
16

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
singh.jitesh
1

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
parimal564
4

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,
Parimal

From India, Ahmadabad
saswatabanerjee
2286

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
Anonymous
Hi,
One employee died (suicide) in office time . He is just completed only 2 year 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 parents
Regards,
Sandeep

From India, Panipat

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