Sir, for any compensation matters the Bhagavtgitha or guiding factor is the Workmen's Compensation Act now renamed as Employees Compensation Act.
For any death claim of the employee, while deciding shares of nominees, there are clear cut guidances and judgements one should follow.
In this case, the first share goes to the wife naturally. At the same time if the deceased has young dependent children or a dependent parent (mother or father) or unmarried or widowed sisters or dependent handicapped brothers or sisters, they would have shares in the given compensation. In this case, the wife is natural nominee but deceased has a dependent mother also. So his dependent Mother gets share undoubtedly irrespective of consent of the wife of the deceased son.
The wife of the deceased employee, though now she has remarried, would be eligible to get her share along with the living dependent mother. In all likelihood, such share would be divided equally between the wife and mother.
5th August 2018 From India, Nellore
When an employee dies as a result of suicide, how does the Employee Compensation Act come in the picture?
You said that any death claim of the employee while deciding shares of nominees there are clear cut guidance and judgments. Can you please provide the same or give reference?
5th August 2018 From India, Mumbai
6th August 2018 From India, Madras
Nominee was his wife. Death claim (pf, company insured amount etc.) not yet settled and corporate benefits not received by the nominee.
Why has the employer not processed relevant claims till date?
Will remarriage of the nominee (except EPS Pension from Remarriage date) come in the way of getting due benefits ?
Does this somehow imply that a nominee remain a widow for her lifetime in order to claim dues?
6th August 2018 From India, New Delhi
Let me clarify-
I said Bhagavtgitha as W.C. ACT (EC act now)
The query raised is about disbursement of EPF and ESI related amounts, not about company's insurance payment under w.c. act before a quasi judicial Authority. OK
For final release or ultimate claim of EPF or esi the account holder i.e. the employee's demise is enough. The reason for the employee's death should have no effect on both ESI and EPF final withdrawals.
Moreover, for claim amount disbursement, w. c. act eligibilities the two Depts. Usually follow...
Even she remarries, it won't be a disability. As for some held judgements, I will try to put them up soon as I am very busy up to month ending.
6th August 2018 From India, Nellore
If and when there is a demand for share between two wives legal and other way ...both should go to court and should get who is a legal beneficiary.
In general case like above wife and mother both have legal shares as dependents...
6th August 2018 From India, Nellore
9th August 2018 From India
The only thing is missing is humanitarian touch..and visualling a ray of religious fundamental ism.Pls.Kindly don't stick on word by word of above laws..and rules. Particularly the above EPF ESI INSURANCE LAWS ARE WELFARE LAWS...AND MOREOVER PLS DONT FORGET THE LABOUR LAWS IN INDIA ORIGINATED SINCE BRITISH RULING IN INDIA AT THAT TIME THOSE HAVE NO CONCERN ON INDIAN POOR FAMILIES. THEY LAID SUCH CONDITIONS OF CEASING THE MONITORY BENEFITS IN THE CONDITION OF REMARRIAGE...
BE PRACTICAL... THE ABOVE ESI EPF INSURANCE ARE WELFARE LAWS.THEY ARE MEANT FOR HELPING POOR WORKERS... SO A remarried WIDOW OF DECEASED WORKER ALSO NOW GETTING THE BENEFIT BY SUPPRESSING THE FACT.. On humanitarian grounds it is not a sin..What is the life of a poor widow on the Indian streets is a welknown fact.. Suppose she has children of her first husband...The second husband generally don't show any concern over that children of the deceased.. So these are practical problems. EVEN GOVT. HAS ALSO NO BOTHER FOR RELEASING THE RELIEF. Why it is the saved money of THE DECEASED WORKER FROM HIS SALARY and matching contribution by company or government.
So widows remarriage is not a big issue to accrue the benefits
11th August 2018 From India, Nellore
I respect your feelings. But I feel we are here to discuss the law and not to discuss the practices or what should be the law.
Infact, I had decided not to contribute any more here but since I received a private message on my wall by the poster, I changed my mind. The poster stated that the deceased has minor children. How many, that is not written.
The questions here are:
1. What are the dues payable by the employer in this case?; and
2. Whether the window of deceased who is now re-married, is entitled to get this dues?
According to me, following are the legal dues payable by the employer.
1. The unpaid salary and other payments, if any including leave encashment;
2. Payment of bonus, if payable per the Act or as per the practice without any discrimination; and
3. Payment of Gratuity.
This payment is to be made to the nominee of deceased in record.
In absence of nominee, the employer can choose to pay this dues to any of the member of his family or ask the members of submit a succession certificate from court. The court, while granting succession certificate will take care of the minor children of deceased.
It is advisable by the HR person in the interest of employer to ask for succession certificate. There is no guarantee in every case that in future no issue will crop up in regards to this payment. I have seen and handled this kind of issues. And in given case, today the widow of deceased is ready to give in writing to the company that she has no claim over the dues of her deceased husband but in future if she change her mind then what? Can the shelter of the letter by the widow will help legally?
There are other dues payable by EPFO as under:
1. EPF accumulation in the account of deceased and Insurance Fund (if applicable) to the nominee(s) as per Form 2. If Form 2 is not obtained then EPFO will settle the dues as per succession certificate only. If the deceased has not changed is nomination in Form 2 after his marriage then as per the ruling of Supreme Court, his widow is eligible to get EPF dues. But in given case, the widow is married now and therefore she will not be paid the PF dues by EPFO in my view and the EPFO will definitely ask for succession certificate.
2. EPS widow pension is payable to the widow only. Since the window is now married she is not entitled to pension as per the law. However, the minor children of deceased subject to max two are eligible for monthly pension.
In my view, nominee is the receiver of the money or the benefit and he is not getting the ownership or legal heirship. On receipt of the money or the benefit by the nominee, disbursement has to be made as per the succession law, in case there is in issue on it by any of the family members.
12th August 2018 From India, Mumbai
All laws started among practice only
I am sorry u r still in a mood to drag on payment of his salary bonus insurance etc. Dues...
You don't want to see any solutions to ur lame excuses arising plenty minute by minute... Consult your company lawyer or even internet google for getting plenty of uniformed answers.
Pls go through w.c act ..example cases.
There is no question of getting succession from the public court of Law.Only Revenue tahsildar's issued family member certificate is enough...Pls Don't invite troubles by asking the bereaved family members to for succesion certificate from court of law only
Moreover for EPF withdrawals and Esi pension issues ...that are the works of those Dept's. Not the company.
You just submit all the already earlier received information at the time of joining or at the time of opening EPF Esi accounts by the deceased.. OK
Nothing more than to clarify you sir .pls
12th August 2018 From India, Nellore
I have decided not to irritate any more on this platform. You take care of this platform. This platform is now belongs to you sir. I am permanently logging out from here before somebody like you sue me.
12th August 2018 From India, Mumbai
There is no need to leave the forum as such. Your contributions were valuable and these were acknowledged explicitly by the other members. The objectionable sentences have been deleted from other member's post. I doubt these were addressed to you at all.
Thanks and regards,
13th August 2018 From India, Bangalore