sunilg2005
2

Dear All, How do you get a nomination from the employee who joins our company? In case of any unforeseen situations like the death of an Employee, then, how to protect the Employer for easy settlement of his legal dues like Final Settlement, Gratuity, Superannuation, and Insurance, which will stand legally as well.

We can ask family members to get the Legal heir certificate, but it's a long process, and the family may have to go for this unnecessarily.
If anyone has any format or practicing nomination process,, please share the details.

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Vmlakshminarayanan
Agm - Hr&admin
Sunilg2005
Service

Madhu.T.K
4193

For disbursements of benefits under the EPF, ESI (if applicable) and Gratuity Acts, there are different forms prescribed by the law. You are expected to get them filled at the time of joining itself. Of these forms of ESI and EPF are to be completed online whereas the one meant for gratuity is required to be taken in form F which is attached here. You can also take the hard format of EPF (Registration cum Nomination Form 2). When you enroll an employee under ESI, the nomination is a mandatory field without which you can not register an employee. Though not collected now a days, form is also attached here. Along with these, you can take the details of nominees in the joining documents, either in the application for employment or in the joining report, by providing necessary columns in the forms itself. That could be used for your easy settlement of unpaid salary and leave balances.
From India, Kannur

Attached Files (Download Requires Membership)
File Type: pdf Form-2 (EPF).pdf (452.8 KB, 0 views)
File Type: pdf Form-1 Declaration Form.pdf (42.9 KB, 0 views)
File Type: doc Gratuity Form F.doc (36.0 KB, 0 views)

vmlakshminarayanan
919

Hi,

You may collect various nomination forms like For F for Gratuity and form 2 for PF/Pension ( now Employee needs update the nominee details through UAN login with photo bank details) and preserve it the employee personal file. Still in case of death Legal Heir Certificate should be submitted by the nominee of the Employee to claim benefits. Reason being an employee joined 10 years back might had nominated x or y at the time of joining but during the course of employment might had got married / divorced the Partner/ got married for the second time due to demise of partner etc. There could be many reasons and hence collecting legal heir certificate will be the right process. In case of dispute among nominees in sharing the claim amount all nominees can be advised to obtain Succession Certificate which will be issued by the Court.

You may also prepare a general nomination form duly printed in Rs.100/- stamp paper and employee to confirm who will be the eligible nominee in case of death during the course of employment. Though this cannot be used as substitute for legal heir certificate, can be used as valid legal document in case of any dispute among nominees and new claim from any other third party.

From India, Madras
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