Srinath Sai RamPlease give details about Employer-Type of Organization, Registered under under Which Act?What are the laws presently applied
Please give details about Natural Death?
Please give details about deceased Employee, DOJ,DOL, Covered under EPF/ESI?
From India, New Delhi
Srinath Sai RamDear Mr Upendra, has your question "Died due to natural Death"
From India, New Delhi
Harsh Kumar Mehta1. Sir, so far as ESI Act, 1948 as well as Employees' Compensation Acts are concerned, the dependants benefit or amount of compensation is payable only if the death or accident is due to employment injury out of or in the course of employment. The definition "out of or in the course of employment", I think, also include death due to such occupational disease as are defined and laid down in said Acts. The term " occupational disease" is also associated with minimum requirement of employment of the employee in a particular type of trade as defined in said Acts.
2. In case, the said deceased employee was covered under ESI Act, 1948, his family members can claim reimbursement of expenses for funeral upto limit from ESIC as laid down under said Act.
From India, Noida
Pan Singh DangwalDear Mr Upendra,
As suggested by learned members, if it is a natural death than the no compensation arises agst Employees' Compensation Acts. You need to inform the death to the Local ESI Office (in prescribed form) and the dependent family can get Funeral Exp. amount form the ESI.
In addition to the above while making the full and final, pls note the below:-
Compulsory Payment (to be paid by the organization):-
1 His total unpaid salary
2 Amount of unpaid Bonus
3 Amount of unpaid Earned Leave
4 Amount of Gratuity (to be calculated till the age of his retirement. However, if you have taken LIC agst the Gratuity nomination, than the gratuity will be paid by the LIC).
Optional Payment (to be paid by the organization).
1 If the Children are little in age, the company can make some FD in name of the children (in case of girl child the amount can be increased).
2 Staff Voluntary Contribution for the family.
3 Employment (direct or through contractor). If the memberís wife is capable of doing any type of job, she may be given employment.
We have done all above optional benefits for our employee.
1 Payment from ESI agst Funeral Exp.
2 Payment to the NOK agst Life Insurance (Through EDLI scheme of PF)
3 PF Contribution of the member to be given to the NOK.
4 Pension for the Wife and eligible Children (Family).
Pls note in r/o the Statutory Compensation, there are fixed process which need to be comply properly. So pls be careful while processing the claims. In order to get the benefits (claims) well in time, you can seek some consultantís services.
Hope you will find my clarification as per requirement. Experienced members can put more light on the matter.
From India, Delhi