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Dear Seniors,
Value your response for my post.
Finally the wife of the deceased got the settlement.- Gratuity + Ex-gratia amount.
I had to explain fight and argue with my Directors and MD to get it. Though MD was willing to pay, the directors had their own versions and tried their level best to avoid the payments.( they wanted get into good books of MD by saving the company money).
I explained my directors & MD the consequence faced if not paid and legal concerns.
Finally was successful in releasing the amount. Now all dues as per our company is paid to the deceased wife.
Thanks once again for your guidance and support.

From India, Bengaluru
HI Seniors,
We have hired one candidate from one of the top B schools and given 2 years of employee agreement. He was with us 8 months and left our company due to personal commitments. At the time of relieving he has accepted all our terms and conditions so we have relieved him. But after that no contact with us
We have emailed him many times and called him but no reply, Please advice can we take any action on him ?

From India, Hyderabad
Dear Mysma,

You have really done a very good job, not only as a HR person but on ground of humanity as well.

I think the sharing of your query to this Forum put some energy in you and also show you various way how to handle the situation. You have handled it very well and got the result as you wanted.

However, there were two important points:-

1 Getting the dues from the company, which seemed to be difficult as the management was not willing to pay. But now since they agree to pay, so there is no issue. Still I will request you to clear the Forum Members “what exact dues you are going to pay to the deceased family”.

2 Getting the benefits from the PF Office (PF Contribution, EDLI claim, Pension to the wife and children). On my personal experiences I request you to have proper working on this. First of all collect all documents (Death Certificate, Bank Account in Pension related Bank, Specimen Signatures, Thumb Impressions, Family Detail etc.). You can take some consultant’s help to handle the case so that Pension benefits can be started without any hassle. Although now most things are online basis, still getting Pension from PF office take long procedures.

From India, Delhi
Dear Msyma,
You have given what his family deserved. You should even go to your MD and guide him on clearing Gratuity dues as it is mandatory as per law. Also please guide him and state the consequences which may arise due to on-payment.
Even in the above case if the Company is not ready to settle the gratuity, then the family has no option but to go to labour commissioner and state their query there and take his help to settle all the dues.
Though, I would not recommend meeting with Labour Commissioner, but if there is no option left, then the deceased family has to take this step.
Ankit Chaturvedi

From India, Mumbai
Dear Mr Pan Singh / Ankit,
The family got the dues from the company. Along with Gratuity the company has paid ex-gratia too. gratuity was calculated as per norms - Number of months worked X 15 days basic of last drawn salary Plus ex-gratia of Rs. 1 lakh given to the family.
The payment is already handed over to the wife of the deceased and she has acknowledged the same too. Now why should they go to the Labour Commissioner?
Any ways thanks for your advice.

From India, Bengaluru
dear Msyma, Please note that the Gratuity is applicable on every establishment where 10 or more employees are working. Normally if an employee worked continuously for 5 yrs, gratuity is applicable. But if the employee died during his service gratuity is applicable even if he has not completed 5 yrs of service. The wife of the deceased employee first may give an application to the management in prescribed format to release the gratuity. If they have not positively reacted, give a complaint to gratuity commissioner. You can contact District Labour office for further information. The gratuity can be claimed with interest for the period of delay.

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