No Benefit Provided After Employee's Death Who Worked For 12 Years - CiteHR
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Riteshmaity
Labour Law Advocate
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One of our engineer expired due to hear attack. He had given 12 Yrs of his life to the company. Very hard working and result oriented and company has made good name and profit from delivery of this employee. Now the employee is no more and his wife is uneducated and two school going children. No source of income. My company is not coming forward to help this family. I calculated his gratuity and presented to the management. But management is not ready to pay. His wife came n number of times to meet my MD and he did not give her time. Somehow I could help them a little by running around the PF office for his PF claims and this will be a temporary relief to the bereaved family.
Please suggest me in this scenario how can the family claim help from the company. Can she take the legal route and get befits from the company? Please help
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He is entitled for gratuity.
It does not matter if company does not want to pay.
Advice the lady to complain to Labour officer about non payment of gratuity.
Was the heart attack precipitated due to work pressure?
PF balances can be related if you take some interest.Help her to fill in the forms and submit to PF office.
Why is your company acting so unconcerned?
Today it is the engineer,tomorrow it could somebody else.
Lack of humanitarian concern,non introduction of an employee insurance scheme speak badly about the management.
Since the employee is deceased, his legal heir can claim the gratuity. It does not matter whether the company wants to pay or not. Moreover, it is also advisable to calculate other benefits if at all applicable to the deceased employee.
Check my blog at www.labourlawhub.com
Refer to this: Compensation for death of employee during the course of employment- http://asklabourproblem.info/compensation-for-death-of-employee-due-to-heart-attack-robbery-or-snake-bite-2/
Dear member,
I m more than happy to see your involvement in support of the family. This is the main function of an HR person to take care employee benefits in such hard time.
I request you to first of all remover your name from the post and mark same an "Anonymous". Since you are working with the company so take care of yourself as well.
You have not mentioned the origin state. If it is in Delhi NCR, u can share my contact no. to the family. I used to go to Labour Offices for Labour Licence issues of my company. The experienced members has already described what benefits can be claimed from the company.
In EPF the family can get Insurance amount for EDLI scheme, you can help the family by processing the Pension Documents so that they can get Pension asap (Though it is long and complex process with lot of documentations and repeated follow ups with PF Officials).
PAN SINGH DANGWAL
9560476777
Mysma, I Have really appreciate you for attention about friend's family.My knowledge if he expired in duty hours then you will claim workmen compensation policy. and you said that employee worked in your organization 12years so he will get gratuity. the gratuity rule is employee have to complete 4 years 8 months if working days 6 in a week. and If your MD is not ready to pay gratuity to nominee u can proceed through asst.labour commissioner or labour commisinor(better option) with proper documents like previous salary slips appointment order and last salary slip and bank statement if any other papers then you can get success.
Pl. note that as per latest notification she can get Rs.six lac agst. EDLI claim from EPFO so u can do the needful.
Great work here.
Apart from all legal help, one more thing can be done. As your MDs attitude can be similar towards other staff if anything of this sort happens to anyone, you can show them their place.
There was an AD on TV where a Company owner removes a person diagnosed HIV+ from the company and, in protest all of staff starts resigning giving some crap reasons. Then owner understands his mistake.
I am doubtful if this is a correct URL to that Ad https://www.youtube.com/watch?v=kmXdkVkdB60
You can try similar. All try to resign with one resign "Your future doesn't seem secure in this company". This will become a news!
The Company have to pay all benefits as mentioned below:-
1. Salary due amount.
2. Earned Leave Salary. (For the leave due and accrued up to the date of death )
3. Gratuity for his service period (About 6 months salary).
4. In PF, all PF amount, In EPS - Pension for her for entire period upto her death and for 2 children up to the age of majority.
5. In PF EDLI scheme, she will get lumpsum amount of about 3.5 Lakhs as Insurance.
Please send Advocate notice to management.
Dear Queriest,
Please go through below given link and act accordingly. Mr. Korgaonkar has given a procedure on how to claim gratuity in very uncertain words.
https://www.google.com/url?q=https:/..._D2iIdMPIEsZcw

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