One of my client's employees (a driver) passed away off-duty. He had taken leave due to illness and suffered a heart attack during the night. The investigation revealed that he was intoxicated as he was on leave that day, and he died while sleeping.
He is survived by one minor child and a wife who were not residing with him. Although they had mutually agreed to live separately, they were not divorced. He lived with his mother and brother in a joint family, and now his family does not wish to provide any compensation to his wife but is willing to sponsor his child.
Compensation Beyond Full and Final Settlement
My query is, what other compensation could be provided besides the Full and Final settlement?
Proceeding with Exclusion of Wife from Compensation
How should we proceed in this situation where the wife is excluded from compensation, even though she may expect a portion of it?
Please advise.
Looking forward...
From India, New Delhi
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He is survived by one minor child and a wife who were not residing with him. Although they had mutually agreed to live separately, they were not divorced. He lived with his mother and brother in a joint family, and now his family does not wish to provide any compensation to his wife but is willing to sponsor his child.
Compensation Beyond Full and Final Settlement
My query is, what other compensation could be provided besides the Full and Final settlement?
Proceeding with Exclusion of Wife from Compensation
How should we proceed in this situation where the wife is excluded from compensation, even though she may expect a portion of it?
Please advise.
Looking forward...
From India, New Delhi
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Dear Reddy,
Every married person is a legal heir only for the spouse and child. This is the legal right of the spouse and child.
As per the PF Act, father and mother are not eligible for the Pension Scheme. If the spouse is acceptable, only a certain amount should be provided from the PF contribution.
Siraj/HR
From India, Kolkata
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1Every married person is a legal heir only for the spouse and child. This is the legal right of the spouse and child.
As per the PF Act, father and mother are not eligible for the Pension Scheme. If the spouse is acceptable, only a certain amount should be provided from the PF contribution.
Siraj/HR
From India, Kolkata
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Since he was not on duty, he is not eligible for compensation under the Employee Compensation Act. However, if he is covered under ESIC, he may be eligible for compensation under EDLI. The compensation under EDLI and PF is not your problem; it will be issued directly. You need to ensure that you guide them correctly on what they can claim.
Gratuity Considerations
If he is eligible for gratuity, you need to be careful. When there is a dispute within the family of the deceased person, it is a good idea to take the help of the authority under the Gratuity Act (mostly the Labour Commissioner) to decide who should receive the amount and how much. In such a case, you may be required to deposit the gratuity amount with him pending a decision on how much will be given to each party.
From India, Mumbai
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Gratuity Considerations
If he is eligible for gratuity, you need to be careful. When there is a dispute within the family of the deceased person, it is a good idea to take the help of the authority under the Gratuity Act (mostly the Labour Commissioner) to decide who should receive the amount and how much. In such a case, you may be required to deposit the gratuity amount with him pending a decision on how much will be given to each party.
From India, Mumbai
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In every social security act like the Payment of Gratuity Act, Employees' Provident Fund & Miscellaneous Provisions Act, Employees State Insurance Act, Workmen's Compensation Act, etc., there is a very transparent mention of the 'NOMINEE' who is/are eligible to receive all dues in the case of an employee's death.
Now, your concern about compensation. What compensation? Did the employee succumb to an employment injury - No. Did the employee die while in service - No. Then what? The question of compensation does not arise at all. But in the case of payment of gratuity and other dues like unpaid salary, leave pay, etc. - you simply need to find out from his service file who the sole or part nominee was that the employee had authorized.
If there is a clear mention, then based on that document, pay to the nominee without any hesitation provided he/she submits the original along with a photocopy of the death certificate from the competent authority. And in that case, if he had nominated his wife, the wife would have a 100% right to receive the payment. The law is guided by rules and not by emotions. So, friend - act judiciously and forget those family dramas.
From India, Raniganj
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Now, your concern about compensation. What compensation? Did the employee succumb to an employment injury - No. Did the employee die while in service - No. Then what? The question of compensation does not arise at all. But in the case of payment of gratuity and other dues like unpaid salary, leave pay, etc. - you simply need to find out from his service file who the sole or part nominee was that the employee had authorized.
If there is a clear mention, then based on that document, pay to the nominee without any hesitation provided he/she submits the original along with a photocopy of the death certificate from the competent authority. And in that case, if he had nominated his wife, the wife would have a 100% right to receive the payment. The law is guided by rules and not by emotions. So, friend - act judiciously and forget those family dramas.
From India, Raniganj
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Employee's Compensation Act-2009.pdf
Death Gratuity Calculator for W.B.Govt employee.xls