Dear All,
I have been working in an FMCG company in the HR department. I am seeking your kind advice on the corrective steps to be taken from our end to comply with statutory obligations regarding the death of an employee. He was covered under ESIC and was not on duty when the incident occurred. He left behind his dependent parents and spouse, who is pregnant. Could you please inform me about the benefits we can avail for them under the ESIC scheme?
I am awaiting your response. Thank you.
From India, New Delhi
Acknowledge(0)
Amend(0)
3I have been working in an FMCG company in the HR department. I am seeking your kind advice on the corrective steps to be taken from our end to comply with statutory obligations regarding the death of an employee. He was covered under ESIC and was not on duty when the incident occurred. He left behind his dependent parents and spouse, who is pregnant. Could you please inform me about the benefits we can avail for them under the ESIC scheme?
I am awaiting your response. Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
In case of the death of an EPF member, the following forms are required to be submitted by the nominee/claimant with the Sub/Regional PF Commissioner's Office:
1. Form No. 20 (For Claiming EPF Contributions)
2. Form No. 10-D (For claiming benefits under Pension Scheme, 1995)
3. Form 5 IF (For Claiming EDLI benefits under the EDLI Scheme)
4. Death Certificate issued by Panchayat/Registrar in the original.
5. Photographs of Claimant(s) duly attested by the employer.
6. Proof of the date of birth of the claimant for pension benefits.
7. Photographs of minors (Max Two Minors) along with their birth certificates duly attested by the employer.
8. Form 5/10 duly signed by the employer.
9. Letter by the employer declaring the claimant as the legal heir if no nomination by the member has already been made.
10. Form No. 3A current year's contribution by the employee and the employer.
In the case of the death of a married person: The widow will receive the entire contribution made by the employee towards the EPF along with the employer's share of contribution with interest until the date of settlement. She will also be entitled to EDLI (Employees' Deposit Linked Insurance) benefits, provided as a lump sum amount. Additionally, she will receive a pension throughout her life, calculated based on the last drawn salary by the member. Two children will also be entitled to Children's pension under the Pension Scheme, 1995.
In the case of an unmarried person: The nominee (father, mother, brother, sister) will receive the contributions paid by the EPF member. If the father/mother is dependent on the member, they will receive pension benefits under the Pension Scheme.
Ensure there is a single line break between paragraphs.
From India, Silvassa
Acknowledge(0)Amend(0)
1. Form No. 20 (For Claiming EPF Contributions)
2. Form No. 10-D (For claiming benefits under Pension Scheme, 1995)
3. Form 5 IF (For Claiming EDLI benefits under the EDLI Scheme)
4. Death Certificate issued by Panchayat/Registrar in the original.
5. Photographs of Claimant(s) duly attested by the employer.
6. Proof of the date of birth of the claimant for pension benefits.
7. Photographs of minors (Max Two Minors) along with their birth certificates duly attested by the employer.
8. Form 5/10 duly signed by the employer.
9. Letter by the employer declaring the claimant as the legal heir if no nomination by the member has already been made.
10. Form No. 3A current year's contribution by the employee and the employer.
In the case of the death of a married person: The widow will receive the entire contribution made by the employee towards the EPF along with the employer's share of contribution with interest until the date of settlement. She will also be entitled to EDLI (Employees' Deposit Linked Insurance) benefits, provided as a lump sum amount. Additionally, she will receive a pension throughout her life, calculated based on the last drawn salary by the member. Two children will also be entitled to Children's pension under the Pension Scheme, 1995.
In the case of an unmarried person: The nominee (father, mother, brother, sister) will receive the contributions paid by the EPF member. If the father/mother is dependent on the member, they will receive pension benefits under the Pension Scheme.
Ensure there is a single line break between paragraphs.
From India, Silvassa
Acknowledge(0)Amend(0)
Dear Manas,
With reference to your query, I would like to state that as such, the death of the Insured Person did not occur out of and in the course of employment; therefore, the family members of the deceased will not be eligible for monthly dependent benefits. There is a provision of Funeral benefit in the case of the death of an Insured Person/Insured Woman, and the amount of the Funeral Benefit is now Rs. 10,000/- . It can be claimed by the nominee of the deceased at the concerned branch office. The dependent of the deceased is required to fill out Form No. 22 to claim the Funeral benefit, which should be attested by the Employer and submitted along with the death certificate of the deceased. If you are interested in obtaining Form No. 22, please revert for the same.
Regards,
R B Yadav
Advocate
From India, Gurugram
Acknowledge(0)Amend(0)
With reference to your query, I would like to state that as such, the death of the Insured Person did not occur out of and in the course of employment; therefore, the family members of the deceased will not be eligible for monthly dependent benefits. There is a provision of Funeral benefit in the case of the death of an Insured Person/Insured Woman, and the amount of the Funeral Benefit is now Rs. 10,000/- . It can be claimed by the nominee of the deceased at the concerned branch office. The dependent of the deceased is required to fill out Form No. 22 to claim the Funeral benefit, which should be attested by the Employer and submitted along with the death certificate of the deceased. If you are interested in obtaining Form No. 22, please revert for the same.
Regards,
R B Yadav
Advocate
From India, Gurugram
Acknowledge(0)Amend(0)
I agree with Mr. Yadav.........but it should be claimed by the eldest surviving family member.....They can claim at Branch Office, within 3 months of the death of IP. With regards
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Hello all.
ESI is covered while coming to duty and after leaving the duty also for a period up to 1 hour before and after the duty timings. The PDB will be given to the nominee.
So it need not be on duty only.
From India, Vijayawada
Acknowledge(0)Amend(0)
ESI is covered while coming to duty and after leaving the duty also for a period up to 1 hour before and after the duty timings. The PDB will be given to the nominee.
So it need not be on duty only.
From India, Vijayawada
Acknowledge(0)Amend(0)
Under Section 51E, an accident occurring to an employee while commuting from their residence to the place of employment for duty, or from the place of employment to their residence after performing duty, shall be deemed to have arisen out of and in the course of employment if a nexus between the circumstances, time, and place in which the accident occurred and the employment is established.
From India, Kota
Acknowledge(0)Amend(0)
From India, Kota
Acknowledge(0)Amend(0)
Hello Mr. Syam,
I am sorry I just typed it as PDB instead of DB, so there is nothing misleading in it. The main question was the incident occurred when he was not on duty, so I was trying to say it need not be exactly on duty. It can be coming to or going from the duty premises.
With regards.
From India, Vijayawada
Acknowledge(0)Amend(0)
I am sorry I just typed it as PDB instead of DB, so there is nothing misleading in it. The main question was the incident occurred when he was not on duty, so I was trying to say it need not be exactly on duty. It can be coming to or going from the duty premises.
With regards.
From India, Vijayawada
Acknowledge(0)Amend(0)
Appreciate the answers given by the members for the above-mentioned query. Would like to ask one similar question... What if the employee is covered under ESIC and while going back home in the evening, he meets with an accident and was also under the influence of wine/drink? What type of benefits would he be entitled to under ESIC in such a situation, and what about in the case of his death...
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Vishal,
In case of death, the DB will be payable even if under the influence of drink. The logic is that the person is not present now to defend the allegation. Also, why punish the family for the mistake of the deceased person?
In this case, Manas has not provided any details of the situation. The only information he has given is the death of the employee and that when the death occurred, the employee was not on duty. This is not adequate information to provide advice on.
From India, Coimbatore
Acknowledge(0)Amend(0)
In case of death, the DB will be payable even if under the influence of drink. The logic is that the person is not present now to defend the allegation. Also, why punish the family for the mistake of the deceased person?
In this case, Manas has not provided any details of the situation. The only information he has given is the death of the employee and that when the death occurred, the employee was not on duty. This is not adequate information to provide advice on.
From India, Coimbatore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.