PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Asso.prof.(commerce & Management)
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
Prima facie, I don't think HR should probe the cause of death etc. but should abide by documents available at the office/to be submitted by the family/claimants.
There are a set of commonly insisted documents:
1. Which should be filed with the employer:
a) Service history/book, if any,particulars-duly closed w.r.t.to date of separation(expiry of leave or date of death as the case may be;
b) Closed leave a/c
c) NOC from all departments-details of dues if any, like advances pending, etc.
d) Surrender of all co.properties
e) Nominations filed in respect of EPF/EPS/Gratuity/group-life insurance, DLI (If
nomination papers are in intact (including updated/filed). If covered by ESI, necessary compliance to be ensured.
f) Funeral expenses-as per policy
2. Family members/heirs side:
a) Nomination papers, if any, not submitted to the office, retained in their possession, duly authenticated by at least 2 witnesses.
b) Death certificate, if possible mentioning the cause of death and Post mortem report (this will help to claim any compensation that may be made available to the deceased as a special case, if applicable)
c) If nomination(s) is available at the office there is no need of any delay to settle the
F&F dues. However, if there is more than one claim, office has to insist for
i) Succession Certificate issued by the competent court or Revenue Officer.
ii) No Objection Sworn Affidavit by all the claimant specifying the name of the
single claimant. Failing which there is a possibility facing court cases.
iii) If there are minor children/dependents the mother can swear the affidavit acting on behalf of the children.
iv) Address & ID proof (adhaar card), PAN Card, Bank a/c passbook, Photos.
v) Indemnity bond declaring appropriately indemnifying the office against any cost, loss or damages arising in future.
vi) Acknowledgment/receipt of F&F settlement from the recipient(s).
In the likely hood of any delay in submission and processing the claims it's better that the amount due computed as per law may be deposited with the Authorised Officer, Labour Dept. in order to avert accrued interest/non-compliance accusations.
There could be claims from others if the deceased employee borrowed/owe sums & for unsettled dues/disputes, if any, unless there is directives from the competent court your office need not delay the settlements.
If you would deem it necessary, before settlement, obtain a legal opinion of a reliable advocate based on the available documents & to ensure the adequacy of action taken by you.
Also, use prescribed forms as per EPF, Gratuity/Bonus acts for issuing notices, settlement etc.
It's desirable that compliance of all the above procedures are accomplished in a time bound manner.
From India, Bangalore