My husband was one of the directors, shareholders, and employees of the private limited company. He passed away on May 29, 2021, due to COVID-19. I would like to know, in accordance with norms and laws, how much compensation I can expect from the company.
He had been a director and shareholder since July 2019 and an employee since May 2018. At the time of his passing, he was 34 years old. Please let me know if any additional information is required.
Thank you.
From India, Bengaluru
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He had been a director and shareholder since July 2019 and an employee since May 2018. At the time of his passing, he was 34 years old. Please let me know if any additional information is required.
Thank you.
From India, Bengaluru
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Dear Madam,
What has happened to you is unfortunate. While expressing deep sorrow, let me try to address the questions you have asked.
Benefits as an employee:
a) Your husband was eligible to receive his salary until his last working day. We do not know whether he was admitted to the hospital and for how many days. Furthermore, we also do not know how many days of leave balance he had. If the salary is not paid, you may submit an application for the same. Additionally, you could be eligible to receive the salary in lieu of the unavailed portion of the leave.
b) Did the company cover the employees under group insurance? If yes, then you are eligible to receive the insurance benefits. With valid proof of being a legitimate heir, please approach the company for the same.
c) Gratuity: If not submitted till now, you can submit Form 1 under the provisions of the Gratuity Act. To educate yourself on eligibility to receive the gratuity, you may click the following links:
- [Zeebiz - Death Gratuity Calculator](https://www.zeebiz.com/personal-finance/news-death-gratuity-calculator-know-your-entitlements-check-how-to-calculate-it-122169)
- [Economic Times - How to Calculate Gratuity](https://economictimes.indiatimes.com/wealth/invest/how-to-calculate-gratuity/articleshow/61913387.cms?from=mdr)
d) Claim for Provident Fund: To check the eligibility, click the following link:
- [Economic Times - How Nominee Can File Claim in EPF, EPS, and EDLI Online After Death of an Individual](https://economictimes.indiatimes.com/wealth/legal/will/how-nominee-can-file-claim-in-epf-eps-and-edli-online-after-death-of-an-individual/articleshow/83595421.cms?from=mdr)
Benefits as an investor:
e) Your husband was an investor. After his death, the shares should be transferred to your name. However, check the legal agreement and find out who has been made the assignee. If the name of the assignee is not mentioned, you may submit an application for the transfer of shares to your name.
Your husband was a senior management official. Did the company allot assets (like a laptop, computer, mobile phone, etc.) to your husband? If yes, have you returned the assets? If not, you may return them and obtain a proper receipt.
By the way, if your husband was a shareholder in the company, why has the company staff not informed you of the above matters? Once a nominee or legitimate heir regains composure after the death of the kin, generally HR professionals call the spouse to their office and educate them on post-death benefits. Why are you required to raise a query on the public forum 3.5 months after your spouse's death? Your query on this forum shows that there is something more than meets the eye. Anyway, it is a different matter altogether.
Other senior members may guide you on Gratuity and PF.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072What has happened to you is unfortunate. While expressing deep sorrow, let me try to address the questions you have asked.
Benefits as an employee:
a) Your husband was eligible to receive his salary until his last working day. We do not know whether he was admitted to the hospital and for how many days. Furthermore, we also do not know how many days of leave balance he had. If the salary is not paid, you may submit an application for the same. Additionally, you could be eligible to receive the salary in lieu of the unavailed portion of the leave.
b) Did the company cover the employees under group insurance? If yes, then you are eligible to receive the insurance benefits. With valid proof of being a legitimate heir, please approach the company for the same.
c) Gratuity: If not submitted till now, you can submit Form 1 under the provisions of the Gratuity Act. To educate yourself on eligibility to receive the gratuity, you may click the following links:
- [Zeebiz - Death Gratuity Calculator](https://www.zeebiz.com/personal-finance/news-death-gratuity-calculator-know-your-entitlements-check-how-to-calculate-it-122169)
- [Economic Times - How to Calculate Gratuity](https://economictimes.indiatimes.com/wealth/invest/how-to-calculate-gratuity/articleshow/61913387.cms?from=mdr)
d) Claim for Provident Fund: To check the eligibility, click the following link:
- [Economic Times - How Nominee Can File Claim in EPF, EPS, and EDLI Online After Death of an Individual](https://economictimes.indiatimes.com/wealth/legal/will/how-nominee-can-file-claim-in-epf-eps-and-edli-online-after-death-of-an-individual/articleshow/83595421.cms?from=mdr)
Benefits as an investor:
e) Your husband was an investor. After his death, the shares should be transferred to your name. However, check the legal agreement and find out who has been made the assignee. If the name of the assignee is not mentioned, you may submit an application for the transfer of shares to your name.
Your husband was a senior management official. Did the company allot assets (like a laptop, computer, mobile phone, etc.) to your husband? If yes, have you returned the assets? If not, you may return them and obtain a proper receipt.
By the way, if your husband was a shareholder in the company, why has the company staff not informed you of the above matters? Once a nominee or legitimate heir regains composure after the death of the kin, generally HR professionals call the spouse to their office and educate them on post-death benefits. Why are you required to raise a query on the public forum 3.5 months after your spouse's death? Your query on this forum shows that there is something more than meets the eye. Anyway, it is a different matter altogether.
Other senior members may guide you on Gratuity and PF.
Thanks,
Dinesh Divekar
From India, Bangalore
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Compensation for deceased Employee.xls
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