Hi, I am a social worker. My query is regarding a security guard who worked at the Bank of Baroda ATM in the Ahmedabad city area. He passed away four months ago, but the security agencies have not provided any benefits, including EPF/ESIC benefits. According to our information, the company has not deposited this amount with the appropriate authority. What should I do? Please advise me.
From India, Ahmedabad
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From India, Ahmedabad
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Compliance and Benefits Under the ESI Act
1. Though compliance with respect to coverable employees is a precondition for the payment of any benefits to the eligible employee under the ESI Act, the department does not reject claims for benefits solely on the basis that the employer has not made any compliance. The department can make recoveries of contributions, etc., from the employer, which is a separate issue. The main point to consider is whether all other conditions, such as whether the worker/employee was covered or coverable under the ESI Act, 1948, and the rules/regulations framed thereunder on the date of the said accident, are met. It is also important to determine whether the worker/employee died as a result of injuries sustained out of and in the course of employment. The type of benefits claimed by the dependents of the deceased employee in such a situation is also an important question.
2. In view of the situation mentioned by you, it may be prudent to see if the employer can be contacted and asked to submit returns, etc., in respect of the said deceased employee along with other employees. If it was an accident case, submit the accident report, etc., to the appropriate branch office of ESIC.
3. It would also be proper for the dependents of the said deceased worker to contact the ESIC authorities of the area to which the said worker was attached and claim benefits under the ESI Act, notwithstanding the fact that the employer had not made compliance under the said Act.
4. However, as mentioned in the remarks by the initiator of this thread, a period of 4 months has already elapsed, and hence, in my opinion, the chances of payment of any benefits to the dependents of the deceased employee are very, very low and negligible.
From India, Noida
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9441. Though compliance with respect to coverable employees is a precondition for the payment of any benefits to the eligible employee under the ESI Act, the department does not reject claims for benefits solely on the basis that the employer has not made any compliance. The department can make recoveries of contributions, etc., from the employer, which is a separate issue. The main point to consider is whether all other conditions, such as whether the worker/employee was covered or coverable under the ESI Act, 1948, and the rules/regulations framed thereunder on the date of the said accident, are met. It is also important to determine whether the worker/employee died as a result of injuries sustained out of and in the course of employment. The type of benefits claimed by the dependents of the deceased employee in such a situation is also an important question.
2. In view of the situation mentioned by you, it may be prudent to see if the employer can be contacted and asked to submit returns, etc., in respect of the said deceased employee along with other employees. If it was an accident case, submit the accident report, etc., to the appropriate branch office of ESIC.
3. It would also be proper for the dependents of the said deceased worker to contact the ESIC authorities of the area to which the said worker was attached and claim benefits under the ESI Act, notwithstanding the fact that the employer had not made compliance under the said Act.
4. However, as mentioned in the remarks by the initiator of this thread, a period of 4 months has already elapsed, and hence, in my opinion, the chances of payment of any benefits to the dependents of the deceased employee are very, very low and negligible.
From India, Noida
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Employee Benefits.doc