Dear Senior Good Afternoon !! In my company, an employee commits suicide by hanging himself at home, so my question is, can his family take advantage of the Pf & Esic Benefits
From India, Delhi
nileshmajethia05
HR Manager
Only, His/Her Nominee can claim for the benefits.
From India, New Delhi
Madhu.T.K
3460

Industrial Relations and Labour Laws
Since the death is not caused by any accident while or during the course of employment, no benefit under ESI is available to the dependents.
The dependents can get PF accumulations, benefits under EDLI and pension admissible as per EPF &MP Act

From India, Kannur
hr-revolution
27

HR Consultant
Yes employee’s legal representative ca avail dependent benefit from ESIC. For more details please get in touch with us @ [email protected] Regards HR Revolution Services Ghaziabad
From India, New Delhi
Madhu.T.K
3460

Industrial Relations and Labour Laws
Hr-Revolution, this is an open forum and you can post your comments and replies openly but you cannot use this platform for marketing your product.
Now tell us, other than funeral benefit (maximum amount of Rs 15000) what are the benefits available for death which is not due to any employment injury or occupational hazards? In my opinion dependent benefits is limited to death of insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct if I am wrong.

From India, Kannur
nathrao
3056

Insolvency n GST Professional
The interesting question for judicial resolution in this case is as to whether the suicide of an employee owing to depressive neurosis consequent on an employment injury sustained by him would furnish a cause of action for his dependents to make a claim for dependents' benefits under Sec. 52 of the Employees' State Insurance Act, 1948
This legal ruling may be of use
https://indiankanoon.org/doc/1838327/

From India, Pune
Madhu.T.K
3460

Industrial Relations and Labour Laws
Very well clarified that the cause of suicide is employment injury. in this case Appunni, the deceased employee had mental problems followed by the employment injury and that resulted in his suicide. The dependents could prove that his suicide had direct relationship with employment injury. Is the case posted by Ceasekk same?
From India, Kannur
hr-revolution
27

HR Consultant
Dear Madhu
Refer below case, you'll get the clarity for claiming the benefits
https://indiankanoon.org/doc/1838327/
For any query please feel free to write us @
Regards
HR Revolution Services

From India, New Delhi
Madhu.T.K
3460

Industrial Relations and Labour Laws
This is the sam case which Mr Nathrao also cited. There is nothing in the case that says that dependents of an insured person who committed suicide will get dependents benefits from ESI Corporation. True, if the suicide is following an incident which took place at work place, it can be related to accident while on duty and death due to employment injury. The case of Appunni is not a general verdict but applies only to that situation. You cannot relate it to all suicides.
From India, Kannur
Pradipta Nath
85

Advocate
Very rightly highlighted, this case law may not made applicable into a straight cut jacket formula for all cases. Moreover mental harassment due to employment is subjected to prove with documents and contested by the Company as well before the court of law; applicability of case law is far away!
From India, Kolkata
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