Marital Status Update in ESIC: Is It a Problem If an Employee Chooses Not to Change It?

Hello,

We have an employee who got married after joining our company. So, her marital status remains unchanged as Unmarried. Is there any problem from the company's side if we do not change that? Because she doesn't want to change it.

Thanks,
Sandip Kumar Ghosh
Accounts Administrator

It's her choice that she has chosen to retain bachelor status despite marriage. However, she cannot display herself as married anywhere, means anywhere in government documents.

She will lose the benefit to family to spouse, dependent children, and cannot nominate her spouse anywhere.

Updating Marital Status in Company Records

In the company records, you cannot avoid changing the records to show she is married when you know she is married. Similarly, in government records, where it is the duty of the employer to initiate the changes, you cannot avoid it.

In other records where it is the duty of the employee to provide certain fresh nomination forms, you need to have records in your internal files that you asked her to do it and she did not comply. That will ensure you have evidence to show in case you are blamed for not asking for it to be done.

What exactly does she not want to do? Does she want to hide that she is married? Or does she just not want to change her surname?

Importance of Updating Marital Status in Departments

According to me, not only in ESIC but in every department, she must inform about her marital status. If she does not inform, then all benefits under various laws will be stuck between the parent and husband. When any employee is unmarried, their nominee may differ as per their choice. But when they get married, their nominee automatically becomes their life partner. So, it's the prime duty of HR to inform the marital-related information to the concerned department.

On the other side, when she gives the declaration of her marriage in any department, it means her spouse has the legal liability to nominate her as his nominee in his documents. So, it's a two-way process. If she declares her spouse in the concerned department, then she will also be eligible for several benefits as the spouse of her husband. Why should we not share this information? Is there any special reason behind it?

Regards

Coverage of Dependent Parents Under ESIC and PF

I think dependent parents are still covered by ESIC. In the case of PF, she has the right to nominate her parents after marriage. The same is the case for gratuity. I do not know if any of the statutory or government schemes have a provision for removing dependent parents after marriage.

Implications of Hiding Marital Status

So, what does she gain by hiding the fact? Under the PF Act, all nominations are automatically canceled after marriage, and if new nominations are not filed, the husband becomes the nominee. I hope you have informed her of the same.

Hello,

There is one more additional question to this: Is it okay to change the marital status of any employee if he/she does not submit the marriage registration certificate, but we know as a matter of fact that the person is married? Is it legal to make such changes on the basis of just a "Marriage Invitation Card?"

I request seniors to please clarify.

Best Regards,
GP

Mandatory Updates After Marriage

It is mandatory for her to provide her husband's details for ESI and PF. After marriage, all nominations filed before marriage become void, as proven in a recent high court judgment. In that case, the mother's name was mentioned in the nomination, and she also obtained the legal heir certificate. However, the judgment ruled in favor of the spouse.

@Gayathri, we can't expect all employees to submit marriage certificates to prove their marital status. Would you collect the same for a new employee who is married? No, right? Then why a different approach for existing employees?

Regards, [Username]

I called the ESIC office, and they said the employee is not able to provide medical benefits to his parents after marriage. They mentioned exceptions, such as the parents needing to stay with the employee for them to be able to receive the benefits. However, she wants to share the medical benefits with her parents, so she does not want to change her marital status.

@LABOUR LAW INDEX - I don't want to know ESIC benefits. I just want to know if a married female employee can share her medical benefits with her parents or not? If the answer is yes, please tell me the process because, according to my conversation with ESIC, they said an employee is not able to provide medical benefits to their parents after marriage.

@abc Linux

She can add... She has to mention that they are still dependent on her parents, who are staying with her. Note: She can't add her father-in-law or mother-in-law in her family details...

I understand that as an Accounts Administrator, it is your office's responsibility to update the service records of the employees. However, your duty commences only upon receiving an application with a certificate of marriage. This process is akin to that of a police station where they do not file a FIR unless someone approaches them with a written complaint.

It is crucial to communicate to the individual that their family may be deprived of social security benefits such as ESI and PF. Additionally, in the unfortunate event of their accidental death, their wife may not be able to claim monetary benefits. The individual will also not be able to designate their wife as a nominee since she is not considered part of the family.

It is essential to clarify that various Acts/Rules mandate that while one can choose anyone as a nominee, upon starting a family, the nomination must be in favor of their family, with the wife being the primary nominee. Throughout their service, the individual is obligated to inform their employer of any changes in their service particulars. Therefore, it is in their best interest to ensure that the service records are regularly updated. Failure by the company to update these records could lead to complications in the settlement of accounts, particularly in cases of death.

Regards,
BS Kalsi
Member since August 2011

@LABOUR LAW INDEX There is a Supreme Court judgment that to claim maternity benefit, it is not mandatory for a woman to be married. Nowhere in any statute does it mention that a woman needs to be married to avail maternity benefit. I thought I must highlight this fact to you.

If the lady does not want to change her name, then she is well within her constitutional rights to let that remain so. However, it is necessary that she discloses her marital status in the official records of the employer. A married woman, if I am not wrong, can reaffirm after the wedding that the nominee for various employee benefits would continue to be her parents. This is a privilege that a married man does not have.

Hello,

Please check the nomination clause and dependents clause. If she doesn't change.

Scenario 1: Firstly, after marriage, the spouse will automatically become a dependent or nominee. If a different nominee is designated, it will invalidate the previous nomination.

Thank you.