Navigating Employee Death Scenarios: What Actions Should HR Take and What Benefits Apply?

Actions to Take When an Employee Dies

What are the actions to be taken when an employee dies in the following scenarios:

1. During working hours in the office premises (natural/suicide).
2. During working hours on the road.
3. During holidays/Sundays at home (natural death).
4. During holidays/Sundays at home (suicide).

Employee Benefits and Consequences

What benefits will the employee have in both cases? What would be the consequences?

Document Maintenance for Employees

Which documents need to be maintained in the office regarding an employee?

I believe as an HR professional, it is crucial to have a comprehensive understanding of these details. Understanding the legal aspects is also important.

This topic has been raised before, but I am not well-informed about all these matters, so please guide me.

Regards,
Indrajeet Singh

Dear Indrajeet,

Actions to be Taken in Case of Employee Death

1. **Natural Death:** Inform the Company Doctor, nearest Police Station, Next of Kin (NOK) of the deceased, and Insurance companies. Involve the Safety Officer if employed. Subsequently, notify the Provident Fund (PF) and Gratuity (Life Insurance Corporation if it exists). For suicide cases, inform the Factory Inspector, Assistant Labour Commissioner, Company Doctor, nearest Police Station, Safety Officer, and Insurance Company for Workers' Compensation (WC) or Employers' Compensation (EC). Note that suicide is not covered nowadays if proven.

2. **Personal Accident Policy:** Inform the Insurance Company if a Personal Accident Policy exists for All India locations since WC does not cover incidents outside premises. However, the individual will be entitled to WC if on official duty outside and in the course of employment.

3. **No Responsibility:** Forget about them - no responsibility. The above agencies will carry out their respective duties, including panchanama, declaration of death, and post-mortem by the Police. You will subsequently receive a 'Death Certificate,' which is crucial for obtaining benefits as the cause of death stated in the certificate will determine the future course.

Regards,
Manish S Joshi

Response to Employee Death Scenarios

Reply 1: During working hours in office premises, inform the nearby police station about the date, time, and cause of death, any witnesses, and the first informer about the death or suicide. Notify the next of kin, family members, or parents about the incident. After filing a complaint at the police station and with their concurrence, take the body to the government hospital for a post-mortem. Provide Rs. 5000 as funeral expenses to the family members and assist in conducting the last rites. For further guidance, please follow the instructions of Mr. Manish.

Reply 2: If the incident occurs during working hours on the road, please send individuals for assistance to the police station and government hospital to support the family members. Offer Rs. 5000 for funeral expenses, and after the post-mortem, hand over the body to the family. Follow Mr. Manish's directions for additional information.

For Both Scenarios

Obtain the death certificate and submit Form 10D and Form 20 for claiming PF and pension benefits, along with the latest payslip, attendance records, service/experience certificates, death certificate, passbook copies of family members, and proof of their names and ages. Instruct the family to withdraw funds from the deceased's bank account within one day of the death.

When filing an insurance claim, ensure to include a certificate confirming no foul play in the death.

Reply 3 & 4: Notify the relevant office immediately upon receiving the information. Obtain a copy of the death certificate from the family to process PF and DCRG benefits, as well as PF pension papers promptly for the family.

Office Documentation

In the office, maintain a will on a 100 Rupees stamp paper and keep nomination details in a sealed envelope with the employee's personal documents. This will aid in resolving any disputes that may arise after their death.

Regards

Thank you for the detailed reply. Surely, it will help many of our forum members who are seriously following us, not only the thread starter. Thanks and keep on sharing your expertise with us.

Regards.