Hi everyone, One of our employee has expired in a road accident while he was going to his home after duty. he has two wives one legal and another is illegal. but in his EPF he has not nominated any one of his wife nor any other information is found in his EPF record. Since he joined the company when there was no HR and still no HR exists here. now i had joined this company and this has been my first such case. he is not covered under ESIC. can please someone suggest me the course of action i should adopt to settle this case. both the wives are claiming to be legal wife. though we came to know the fact who is legally weded wife of him. please tell me the whole process to be adopted in this case to settle his account. thanking you in anticipation.
From India, Delhi
Dear Mr Yashpal,
He will be treated in due course of employment, in your given situation. In this case, you can ask his family members to submit the list of Legal Heirs as per Law of Land and pay his due to them as per Law and submit the documents for Pension also.
Thanks and feel free for any further quarry.

From India, Delhi
Since the employee passed away outside the office premises the liability of the Employer to clear and process his full and final settlement, PF, Pension, EDLI contributions, Gratuity.
Also considering the nature of death all employees may contribute some voluntary contribution for his family and your Management may also can contribute some money which can be paid to his legal heir. Obtain death certificate from his wife.
As per Indian law only the legal heir is claim all benefits. So obtain legal heir certificate from his wife as proof. Also please Marriage certificate if Marriage got registered, Marriage invitation, Marriage photo as additional documents.
Legal heir is eligible to get PF amount. She along with kids if any is also eligible to get EDLI contribution.
She is also eligible to get Pension. Please check with PF office and process for pension. Though he had not submitted nomination form, wife and kids are the legal heir and it has to be proved.
If your office has tie up with LIC for Gratuity(Group Gratuity Scheme) and if the special rider option is chosen, his legal nominee can get gratuity to the tune of his total service period if he is alive. If no tie up with LIC, employer has to clear gratuity as per gratuity laws.
Also on humanitarian basis try to offer employment for his wife if she is educated, matching her qualification and your office feasibility to accommodate her.
Please document all your process and wherever payment is issued to his legal heir, get acknowledgement from his wife as a proof of clearance.

From India, Madras
Dear Friend,
If your employer not covered your employee under ESIC then the liability of compensation falls under Employee Compensation Act.
Compensation calculation in death case.
The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.
Monthly wage ceiling is limited to 8000.
Even employee gets the death benefit under EDLI scheme .
The claim amount under ELDI is 30 times the average monthly salary in the past 12 months subject to a maximum of 6 lakh (4.5 lakh basic + 1.5 lakh bonus).

From India, Mumbai
Dear Mr Yashpal,
The WC authority has to decide the beneficiary as per the legal heir certificate issued by the Tehesildar. The PF claim and pension to be settled in favour of legalheir filled in application or otherwise, the case will go into dispute.

From India, Mumbai

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