Understanding Company Benefits Eligibility After an Employee's Suicide Attempt

Eligibility for Company Benefits After an Attempted Suicide

I wanted to know if an employee attempts suicide, are they eligible for all the company benefits or not? If yes, then which benefits will they receive, and which benefits will they not receive?

Regards,
Jesmin

Dear Jesmin,

Please provide accurate details. Did the employee commit suicide or attempt to commit suicide? The benefits will be considered for compensation, provided there is no foul play by the beneficiaries, next of kin, or legal heirs.

Regards

The employee attempted to commit suicide but was not successful and will be liable to be proceeded against under the Cr.P.C and the I.P.C. Let me presume that you are asking about the terminal benefits available to the legal heirs of an employee committing suicide. The benefits mentioned by Ankit in sl. nos (1) to (3) will certainly be available. As for the 4th one, it depends on the practice followed in the organization.

Regards

Jesmin Modi,

From your post, I am not sure whether he/she survived or not. If survived, where did the incident take place? Was there any official news about it registered in your office? If yes, how are you treating this? Have you charged him/her if the offense is committed? Unless and until the employee dies from the attempt, there is no question of full and final settlement. It will arise only when the surviving employee is terminated on charges of the suicide attempt. If your office does not take note of this officially, there could be no action, and he/she may return to work after any leave. There is no separate labor law relating to settlement arising due to suicide. Therefore, your query should be specific with other relevant details. Your query appears as if someone is going to try it out after ascertaining the aftereffects.

What I could understand from your query is that the employee has attempted suicide and is ALIVE. Such action shall make no difference in receiving his entitlements provided he resigns from his present post/service. This is purely a police case where an FIR will be lodged against him, and action will be taken as per law.

On the other side of the story, if the employee has attempted suicide and is DEAD, in that event, his family members or legal heirs shall be eligible to receive all the benefits that the employee himself would have received had he been alive. Our Super Moderator, Sh Ankit Chaturvedi, has very well explained the benefits available to the family. As regards the special contribution of one day's salary of the employees, it is not available to the deceased family in all organizations.

Regards,
BS Kalsi
Member since Aug 2011

Thank you for correcting me, and I apologize for the delayed response as I was not accessing the internet for a while. Even in the case of suicide, gratuity is payable. I am correcting myself on this matter.

Thanks,
Smit

I have clearly explained in the email dated 26th May 2014 addressed to Sh. Jasmin that the Payment of Gratuity Act, 1972 does not demarcate natural or unnatural death. The proviso clause of Section 4 of the PG Act, 1972, reads as "Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to DEATH or disablement." However, the insurance companies put an estoppel in granting the claims arising out of suicidal cases.

Regards,
BS Kalsi
Member since Aug 2011