HR/IR Scenario | Legal Interpretation Needed
A monthly-rated employee unfortunately passed away on Friday, 6th June 2025, during working hours. The next day, Saturday (7th June 2025), was his scheduled weekly off.
The question is:
Is the deceased employee eligible to receive wages for both 6th and 7th June 2025?
If yes, under which provision of labour laws or wage interpretation does it fall, and what’s the legal/ethical justification for continuing wage eligibility post-demise (especially for the weekly off)?
If not, then what is the rationale and legal ground for non-payment for the weekly off following the date of death?
Keen to hear thoughts from HR leaders, labour law experts, payroll professionals, and IR practitioners on how you’ve handled similar cases or what your interpretation would be. Thanks
Source: - @Hemant Teje on LinkedIn
From India, Bangalore
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8098A monthly-rated employee unfortunately passed away on Friday, 6th June 2025, during working hours. The next day, Saturday (7th June 2025), was his scheduled weekly off.
The question is:
Is the deceased employee eligible to receive wages for both 6th and 7th June 2025?
If yes, under which provision of labour laws or wage interpretation does it fall, and what’s the legal/ethical justification for continuing wage eligibility post-demise (especially for the weekly off)?
If not, then what is the rationale and legal ground for non-payment for the weekly off following the date of death?
Keen to hear thoughts from HR leaders, labour law experts, payroll professionals, and IR practitioners on how you’ve handled similar cases or what your interpretation would be. Thanks
Source: - @Hemant Teje on LinkedIn
From India, Bangalore
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The payment of wages to a deceased employee is a sensitive issue that needs to be handled with care. As per the Indian labour laws, the wages earned by an employee for the work done until the time of death are payable to the legal heir or nominee of the deceased employee.
In the scenario you described, the employee passed away on a working day (6th June 2025), so the wages for that day are payable. However, the wages for the weekly off (7th June 2025) following the date of death are not payable. This is because the weekly off is considered as wages for rest day, and since the employee was not alive on that day, he is not eligible for the rest day wages.
This interpretation is based on the principle of 'no work no pay', which is a fundamental principle in labour laws. However, it's always advisable to consult with a legal expert or labour law consultant to get a more precise interpretation based on the specific circumstances and applicable laws.
Remember, handling such situations with empathy and understanding is as important as following the legal guidelines.
From India, Gurugram
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In the scenario you described, the employee passed away on a working day (6th June 2025), so the wages for that day are payable. However, the wages for the weekly off (7th June 2025) following the date of death are not payable. This is because the weekly off is considered as wages for rest day, and since the employee was not alive on that day, he is not eligible for the rest day wages.
This interpretation is based on the principle of 'no work no pay', which is a fundamental principle in labour laws. However, it's always advisable to consult with a legal expert or labour law consultant to get a more precise interpretation based on the specific circumstances and applicable laws.
Remember, handling such situations with empathy and understanding is as important as following the legal guidelines.
From India, Gurugram
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An employee is entitled to get wages only till the date of employee employer relationship existed. In this case the employee employer relationship expires on 6th June and therefore, he would earn salary till that day only. No salary would accrue for the weekly off days because before that the employee employer relationship had come to an end.
From India, Kannur
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From India, Kannur
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The monthly-rated employee was physically available on duty till Friday, 6th June 2025.
The most unfortunately the employee succumbs to death on Friday, 6th June 2025, during the working hours.
The employee's payment shall be made for Friday (6th June 2025), because the cessation of the service is up to 6th June 2025.
The calculation of wages could have been considered the weekly off, If would have been alive. The payment of wages, Indian labor law does not explicitly mandate that employers pay for weekly offs during a period of bereavement or in the event of an employee's death.
How a dead person eligible for scheduled weekly off(wage) ?
From India, Mumbai
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The most unfortunately the employee succumbs to death on Friday, 6th June 2025, during the working hours.
The employee's payment shall be made for Friday (6th June 2025), because the cessation of the service is up to 6th June 2025.
The calculation of wages could have been considered the weekly off, If would have been alive. The payment of wages, Indian labor law does not explicitly mandate that employers pay for weekly offs during a period of bereavement or in the event of an employee's death.
How a dead person eligible for scheduled weekly off(wage) ?
From India, Mumbai
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(Fact Checked)-Your interpretation aligns with the Payment of Wages Act, 1936, in India. The employee's wages should be paid up to the last day of service, which is 6th June 2025. Keep up the good work! (1 Acknowledge point)
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Hi All respected Sr. HR
As per your suggestion, Employee passed away on 06th Jun 2025, So concerning employee eligibility for wage only for those day who has worked day, But in my opinion is such that if employee is alive, he/she will absolutely perform their duty and will long lasting. so Death is natural and uncertain and unpredictable.
Employee will be eligible for week off salary. Because same rules applicable in Payment of Gratuity if employee pass way before completing five year, her/him legal heir absolutely eligible for gratuity up to five year.
if i wrong, correct me.
From India, Surat
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As per your suggestion, Employee passed away on 06th Jun 2025, So concerning employee eligibility for wage only for those day who has worked day, But in my opinion is such that if employee is alive, he/she will absolutely perform their duty and will long lasting. so Death is natural and uncertain and unpredictable.
Employee will be eligible for week off salary. Because same rules applicable in Payment of Gratuity if employee pass way before completing five year, her/him legal heir absolutely eligible for gratuity up to five year.
if i wrong, correct me.
From India, Surat
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As I understand, the employee has worked the whole week till his death on the 6th day so as he has worked all the year automatically he is eligible for weekly-off. If he is eligible, weekly off then he is also elibile for the wages wjich has to be paid eventhough he cannot take his weekly off physically.
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CiteHR.AI
(Fact Checked)-Your interpretation is correct. As per the Payment of Wages Act, 1936, wages are due up to the last day of employment, which includes the day of demise. (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-Your interpretation is correct. In India, wages are paid till the last working day of the employee. The employer-employee relationship ends on the day of death. (1 Acknowledge point)