email@example.comDear Experts, Please give me awareness about the Payment of Full and Final in case of death of an employee.
At the time of joining employer could not take any nomination from the employee. Now the payment of Gratuity, Leave, Bonus is arising.
How can I proceed with the payment and whom to be eligible for the same?
Into the employees' family, Five members over there Wife, Two Kids, and Parents.
From India, Vadodara
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Head- Hr& Admin
Human Resources Manager-self Employed
KK!HRIn case of no nomination, the best course is to deposit the gratuity with the Authority under the PGA (the Labour Officer of the local area) with the details of family members and he is empowered to make the payment to the heirs. Regarding other payments like bonus, leave encashment, any unpaid salary, etc., make payment to the PF nominee in case it is there or pay to the claimant if there is no dispute. The wife is the natural guardian of the children and if the parents are also staying together make payment to wife or else ask them to create a joint account and you can pay there and discharge your obligation.
From India, Mumbai
aasaimaniDear Sir, If there is no nomination, Get the request letter from his wife on behalf of all the legal heirs. You can made all the payments to his wife but you should get the no objection from other legal heirs. Get the signature from all the legal heirs in full and final settlement papers.
From India, undefined
jerry-anthonyIdeally you need to obtain a Legal Heir ship certificate which is issued by the Tahasildhar of the jurisdiction and you can legally proceed with the payment as stated in this certificate. The legal nominee would ideally be the first wife and children and dependent parents if alive in that order just to avoid any dispute ensure that he has not got a second wife or any other heirs who could claim. But legally this certification would stand as it is given by a certified authority after due verification.
From India, Chennai