Navigating Employee Death: What Benefits and Legal Steps Should We Consider?

Hi,

This is in continuation of my query regarding the death of my employee.

1. For PF, I have just submitted the Form 10 stating his death. Apart from this, what should we need to do to claim the PF? Will a claim form from his nominee (his wife) settle the claim?

2. He was working for only 2 years. What benefits can the nominee get from the PF department? (like year-long pension, child education, and other benefits)

3. Is he eligible for gratuity?

4. Are there any other benefits for which the company is liable?

Please advise.

Regards,
Manikumar
manikumarhr@gmail.com

Dear Manikumar,

Your query regarding the claims from PF office, I suppose you must have the nomination form (Form-2 revised) copy filled in by the employee at the time of joining. In that, you have all details like pension to be paid to whom (wife and children in case of marriage) or in the case of being unmarried, he must have given the name of either parent who can claim the amount.

In the case of a married individual, the wife and kids will be receiving the pension. The kids will receive the pension until they reach the age of 25 years.

The claim form in the case of death is available with the PF office, which you have to submit after obtaining the signature of the wife. You need to submit 3 sets of photographs of the wife along with the kids and they need to be attested by the employer. Ensure that the bank account details are filled properly, as the pension amount is directly credited to the account. It should preferably be from SBI or ICICI. Check with your state to verify which banks the PF office has authorized for the deposit of the pension.

You can also obtain the claim from EDLI as a part of PF.

In addition, you can provide the nominee of the employee with a claim form from the Labour Welfare Fund; from ESI, there are also benefits (details I don't have at the moment), but certainly visit the local office of ESIC and inquire, they will provide you with all the details.

From the company's point of view, the benefits you can provide include settling any outstanding bonuses, pending leave encashment, and in the unfortunate event of death during employment in the office, management may choose to make a goodwill compensation payment.

If you are in the manufacturing industry and an employee dies due to an accident, the employer is liable to pay compensation as per the act.

If you require any additional information, please reach out to [Login to view] or through this HR forum.

Regards,

M. Prabhakar Rao.

Dear Kumar,

Yes, he is eligible for gratuity. If you have taken any policy from LIC or any insurance company, please inform them of the incident, and they will pay the gratuity up to the date of retirement. If you have not taken any policy, then you have to pay the gratuity up to the date of death.

Ravi Gupta

Please let me know the format for calculating the amount, whether temporary, permanent, or in case of death as per the Workmen's Compensation Act of 1923. Additionally, I would like to understand the formalities required in the event of a fatal accident occurring at the worksite.

Thank you.