Saswatabanerjee
Partner - Risk Management
9871103011
Private Consultant On Labour Laws
Glidor
Hr Consultant
Gayatri P
Hr Generalist
Principal.bbkgr@gmail.com
Principal, Bal Bharati Public School, Kharghar,
+3 Others

Thread Started by #ABC Linux

Hello,
We have an employee who got married after joining our company. So her marital status remain unchanged as Unmarried. Is there any problem from Company side if we not changed that? Because she doesn't want to change that..
Thanks,
Sandip Kumarr Ghosh
Accounts Administrator
25th October 2016 From India, Kolkata
its her choice, that she has chosen to retain bachelor status despite of marriage,
.
however she can not display herself married , anywhere means anywhere in govt documents.
.
she will loose the benefit to family to spouse, dependent children and can not nominate her spouse anywhere
25th October 2016
Her marital status remains single where ?
In the company records, you can not avoid changing the records to show she is married when you know she is married. Similarly, in the government records, where it is the duty of the employer to initiate the changes, you can not avoid it.
In other records where it is the duty of the employee to give certain fresh nomination forms, you need to have records in your internal files that you asked her to do it and she did not bother. That will ensure you have evidence to show in case you are blamed for not asking for it to be done.
What exactly does she not want to do ?
Does she want to hide that she is married ?
Or does she just not want to change her surname ?
26th October 2016 From India, Mumbai
I think she want to hide that she is married, she want to share beneficent with her parents..
26th October 2016 From India, Kolkata
According to me not only in ESIC but in every department she must inform about their martial status. because if she had not inform then all benefits under the various law will be stuck between parent and husband. because when any employee unmarried his nominee may differ as per his/her choice but when he/she get married then automatically his/her nominee will his/her life partner. so its prime duty of HR to inform the marital related information to concern department.
In other side when she give the declaration of her married in any department it means, her spouse has legal liability to nominate her as his nominee in his documents. so its two way process if she declared her spouse in concern department then she will also eligible several benefits as the spouse of her husband. and why we have not to share this information ? is there any special reason behind it ?
26th October 2016 From India, Rudarpur
i think dependent parents are still covered by ESIC
In case of PF, she has the right to nominate her parents after marriage.
Same is the case for gratuity.
I do not know if any of the statutory or government schemes have a provision of removing dependent parents after marriage.
So what does she gain by hiding the fact ?
Under PF act, all nomination are automatically cancelled after marriage and if new nominations are not filed, the husband is the nominee. I hope you have informed her of the same.
27th October 2016 From India, Mumbai
Hello,
There is one more additional question to this. Is it okay to change the marital status of any employee if he/she does not submit the Marriage registration certificate but we know as a matter of fact that the person is married. Is it legal to make such changes on basis of just "Marriage Invitation Card?"
I request seniors to please clarify.
Best Regards,
GP
27th October 2016 From India, Mumbai
It is mandatory that she need to give her husband details to ESI and as well as PF.
After marriage, all her nomination filed before marriage will become void and it has been proved in a recent high court judgement. In that case, Mother's name was mentioned in nomination and also she got the legal heir certificate. But, the judgement was in favor of Spouse.
@Gayathri,
We can't expect all employees will submit Marriage certificates to prove their marital status. Will you collect the same for a new employee who is married??? No, right. Then, why the different thought for existing employees.
27th October 2016 From India, Chennai
I called to ESIC office and they said employee not able to give medical benefits to his parents after marriage.
They give me Exceptions like her parents need to be stay with her then they able to take benefit... But she want to share medical benefit with her parents so she doesn't want to change her Marital Status....
27th October 2016 From India, Kolkata
ESIC gives 6 Kinds of benefits :-
1) Sickness Benefit
2) Maternity Benefit
3) Disablement Benefit
4) Dependents Benefit
5) Medical Benefit
6) Funeral Benefit
In maternity benefit the child should be either legitimate or adopted. So she cannot claim benefit if she will not show her marital status. In Dependents benefit the child should be legitimate or adopted. In Medical Benefit the memebers of family will not cover Child and Husband. In funeral Expenses nothing will go to husband or child.
As to the next query given by ABC Linux, Depenedents us 2(6-a) CONTAINS, A WIDOWED MOTHER IRRESPECTIVE OF DEPENDENCY. Along with this if dependent on earning of deceased member then it contains any parent.
for summary.
27th October 2016 From India, Kolkata
@LABOUR LAW INDEX - I don't want to know ESIC benefits. I just want to know is any married lady employee share her medical benefit to his parents or not?
If answer is yes so please tell me process, because as per my conversation with ESIC they said employee not able to give medical benefits to his parents after marriage..
27th October 2016 From India, Kolkata
@abc linux
She can add... She have to mention that still they are dependent parents for her and they are staying with her. Note: She can't add her father in law or mother in law in her family details...
27th October 2016 From India, Chennai
Dear Sandip,

I know that as an Accounts Administrator, it is your office's duty for updation of service records of the employees but your duty starts only when you receive an application with certificate of marriage. It is similar to the police station where they don't lodge a FIR unless somebody approach them with a written complaint. But make him clear that his family will be deprive of social security benefits viz ESI, PF etc. Besides in case of his accidental death his wife will not able to claim monetary benefits.The individual will not able to make his wife as nominee because she will not be forming part of the family. You make him clear that various Acts/Rules require that one can make anybody as nominee but as soon he acquires a family, the nomination had to be made in favour his family where his wife stands at No.1. As long as he is in the service, he is under an obligation to inform his employer any changes in the service particulars.Thus it is in his own interest that the service particulars are updated from time to time. If the records are not updated by the company, it may find problem in the settlement of accounts, particular in death cases.

BS Kalsi,

Member since August, 2011
27th October 2016 From India, Mumbai
#Anonymous
@LABOUR LAW INDEX There is a Supreme Court judgement that to claim maternity benefit, it is not mandatory for a woman to be married. No where in any statute does it mention that a woman need to be married to avail Maternity benefit. I thought I must highlight this fact to you.
27th October 2016 From Indonesia, Jakarta
I know the Supreme Court judgement, but how does it is going to help you in your case. Are you intending to claim it or it it merely for the sake of argument only. We have advise you, rest it is up to to follow or not.
BS Kalsi,
Member since August,.2011
27th October 2016 From India, Mumbai
If the lady does not want to change her name, then she is well within her constitutional rights to let that remain so. However, it is necessary that she discloses her marital status in the official records of employer. A married woman, if I am not wrong, can reaffirm after wedding that the nominee for various employee benefits would continue to be her parents. This is a privilege that a married man does not have.
28th October 2016 From India, Mumbai
Hello
Pls. chk nomination clause and dependents clause. If she doesnt change.
scenario 1: at the first, after marriage, spouse will automatically become dependent or nominee, if different nominee is there it will be become invalid.
28th October 2016 From India, Visakhapatnam
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