Navigating Employee Death Procedures: Who to Inform and How to Get Started?

Hi all, I have recently joined as an HR Executive at a Foreign Pharma company in Goa. My boss has asked me to find out the procedures to be followed in case of an employee death. He wants me to prepare a flow chart detailing:

1. Who are the local authorities to be informed? (e.g., ESIC, Chief Inspector of Factories)
2. By when should they be informed?
3. What forms need to be filled out? Form numbers?

If anyone out there could assist me or let me know where I could find this information, I would be very grateful.

Flow Chart Preparation for Employee Death Procedures

1. Who are the local authorities to be informed? (e.g., ESIC, Chief Inspector of Factories) - If in the course of employment & out of employment, then: Owner/HoD of the company -> Factories' Inspector -> Police Station -> ESIC (For Death Benefit) -> PF Office (For Death Benefit) -> Gratuity Office -> Nearest Hospital (Government Recognized preferred).

2. By when should they be informed - For the police office immediately, for the factories office within 24 hours from the time of death.

3. What are the forms to be filled? Form Numbers? - For death PF benefit Form 5(IF) for death benefit.

Regards

Dear Maryann1591,

I welcome you to CiteHR.com. With reference to your query, you need to do some more research.

Death is a serious matter and should be handled with great care and concern. It is the most difficult and painful issue for an HR person and the management.

Considering that we are discussing the death of an employee arising out of and in the course of employment, the management's concern should be reflected in all related activities; not only in informing the concerned authorities. Some of these activities are as follows:

- In case the employee is injured, they need to be rushed to the nearest emergency medical center/hospital. It is advisable to do so, even if it "appears" that the employee has died because:
- An injured person may be unconscious or in a coma and can be revived.
- Only a registered medical practitioner is authorized to 'certify' death.
- If the employee is dead or dies on the way, the doctors will certify "brought dead."

If a 'dead body' is found within the factory/plant premises, it is advisable not to move or remove the body until the police arrive on the scene.

HR should proactively cooperate with the authorities while preparing the 'panchnama' (also known as mahazar in southern India), conducting 'post-mortem,' handing over the dead body to the next of kin, funeral process, etc.

Apart from the Police, the labor authorities that need to be informed immediately are the Inspector Of Factories/Asstt. Labor Commissioner in Form 34 along with the Medical Report/Certificate.

On the basis of the Medical report of Death, a Death Certificate should be obtained on priority.

Subsequently, a 'Struck-off Order' should be immediately issued by the Management to enable the payment of Final settlement, including gratuity. A sample of the text of the Struck-off order is as follows:

"The management deeply regrets the sad demise of Mr. (name) on (date); due to (this is optional). Accordingly, his name shall cease to exist in the rolls w.e.f. (date). The management conveys its heartfelt sympathies and condolence to the bereaved family ... strength to bear this loss." (about bereavement and condolence to family, etc.)

Kindly note that gratuity is payable in the case of death, without the eligibility criteria of completion of five years.

If the management is a good employer, it may offer employment to the next of kin, based on the person's qualifications (although there is no legal compulsion to do this).

Relevant forms should be filled up and attached with the Struck-off order for ESIC, EPF, FPS claims.

For your information, I am quoting the relevant paragraph of the Factories Act 1948: Section 88 - Notice of certain accidents.

Irrespective of the Management's inclinations, it is the moral duty of the HR professional to help the family of the deceased employee in facing and overcoming such calamities.

A personal note:

I was lucky to work under a boss who would exhort me to do more by saying "it is not sufficient" to anything done by me; and would ask me to be reflective, "Imagine if such a thing happened to you."

I hope you'll find the above useful.

Warm regards.

Very nice answer, really informative to one and all. Expecting this type of answers for all the questions from senior members of CiteHR. Thank you, Mr. Raj Kumar.

Regards,
Rajendra Prasad

Thank you, Mr. Raj Kumar, for your relevant suggestion in compliance with the law. Providing such answers definitely helps other HR professionals.

Regards,
R K Panda

Mr. Maryann, all the above answers are well elaborated. But above all, the very primary requisite is obtaining a death certificate from the local authority concerned, i.e., the local municipality or gram panchayat, if a village. Initially, after issuing the certificate, the doctor will send the details to the local authority, which is mandatory, and the authority has to register the death after verification within 21 days. If it is not done, you can apply in the prescribed form on payment of a nominal fee to the local authority, and they will issue the "death certificate" in the prescribed form. Only upon receiving this certificate can all the benefits such as ESI, PF, gratuity, and any other benefits be sanctioned. Furthermore, this certificate is the only valid document for that family for other purposes such as house transactions, bank accounts, etc.

Dear All,

Along with all the above, you should inform the Local ESI Office immediately, and we can avail Rs. 5000/- towards the funeral expenses for the deceased employee. It will also be beneficial for his family.

Regards,
SIDMAN

In case of the death of a workman (labourer), it is very important to inform the Commissioner under the Workmen's Compensation Act and deposit the due amount with the same authority within a month. It is also essential to assist the next of kin in applying for and receiving this amount.