Dear Xavieer,
I fully agree with Rajkumar Hansdah. Can anybody bring back the dead person alive? Ask if this case happened to you or any other top people who are now playing the tactics to add further hardship to the deceased's family by delaying/denying the due benefits (as you mentioned a part payment is released).
This unfortunate executive died in the course of employment.
Why is a succession certificate needed? Has any third person come forward to claim as his family? Or had he not mentioned in his PF/Gratuity form any nominee?
Please note, HR, though considered a support function, also functions as the brand manager of the organization. If you treat your employees well, they will spread a good image of your company. That, in turn, is a branding process of your organization without any advertising expenses.
You think in the future if you want to send any other employee abroad with any assignment, would he/she go knowing that one of their colleague's family is suffering now due to the company's lethargic approach? What image will your employees carry due to this? Will they refer any of their friends/family members to your company for employment? Do you think the current employees would like to stay back in your company happily due to these types of unhealthy attitudes? Would you, as an individual, like to continue (from your heart) knowing this incident?
Your employees are not machines to throw away.
Prompt your management to think with a human heart and request to release at least whatever is due as per eligibility, if situations are not complex. Any further contribution from the management side to his family will always be a good Samaritan act.
Please remember - all Acts, Rules, Laws, etc., are drafted to ensure minimum benefits to the sufferers. If you offer above this bar, no law will punish you, but you will always be remembered by all.
Suresh
From India, Pune
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71I fully agree with Rajkumar Hansdah. Can anybody bring back the dead person alive? Ask if this case happened to you or any other top people who are now playing the tactics to add further hardship to the deceased's family by delaying/denying the due benefits (as you mentioned a part payment is released).
This unfortunate executive died in the course of employment.
Why is a succession certificate needed? Has any third person come forward to claim as his family? Or had he not mentioned in his PF/Gratuity form any nominee?
Please note, HR, though considered a support function, also functions as the brand manager of the organization. If you treat your employees well, they will spread a good image of your company. That, in turn, is a branding process of your organization without any advertising expenses.
You think in the future if you want to send any other employee abroad with any assignment, would he/she go knowing that one of their colleague's family is suffering now due to the company's lethargic approach? What image will your employees carry due to this? Will they refer any of their friends/family members to your company for employment? Do you think the current employees would like to stay back in your company happily due to these types of unhealthy attitudes? Would you, as an individual, like to continue (from your heart) knowing this incident?
Your employees are not machines to throw away.
Prompt your management to think with a human heart and request to release at least whatever is due as per eligibility, if situations are not complex. Any further contribution from the management side to his family will always be a good Samaritan act.
Please remember - all Acts, Rules, Laws, etc., are drafted to ensure minimum benefits to the sufferers. If you offer above this bar, no law will punish you, but you will always be remembered by all.
Suresh
From India, Pune
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Mr. Xavier,
First of all, asking for a succession certificate from the dependent is nothing but time-consuming. It is not easy to get a succession certificate in a day or two; it will take at least six months to one year. Under these circumstances, the wrong message is being conveyed to the existing executives, managers, or staff members.
Regarding compensation under workman's compensation, management could have been proactive in providing benefits to the manager who died while on duty.
Secondly, recently, my company has obtained a workman's compensation policy from a government insurance company. Under this policy, all employees, including managers, are covered. The benefits will be provided only in the case of death or injury while on duty. Here, the distinction between managers and employees does not apply.
Thirdly, the law is silent. If the law states that he was not an employee as a senior executive, then the law does not clarify whether he was the owner of the company.
Kindly discuss this matter with your management and resolve it amicably. This is a critical situation where everyone is observing the actions taken by management.
Thank you.
Deepak
From India, Thana
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First of all, asking for a succession certificate from the dependent is nothing but time-consuming. It is not easy to get a succession certificate in a day or two; it will take at least six months to one year. Under these circumstances, the wrong message is being conveyed to the existing executives, managers, or staff members.
Regarding compensation under workman's compensation, management could have been proactive in providing benefits to the manager who died while on duty.
Secondly, recently, my company has obtained a workman's compensation policy from a government insurance company. Under this policy, all employees, including managers, are covered. The benefits will be provided only in the case of death or injury while on duty. Here, the distinction between managers and employees does not apply.
Thirdly, the law is silent. If the law states that he was not an employee as a senior executive, then the law does not clarify whether he was the owner of the company.
Kindly discuss this matter with your management and resolve it amicably. This is a critical situation where everyone is observing the actions taken by management.
Thank you.
Deepak
From India, Thana
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Dear Xavier,
The most important question we need to ask ourselves is whether the laws are made to assist us or to defend us. We cannot become heartless under the pretext of what the law says. We also cannot relax by paying a minuscule amount for group insurance.
We are the face of the employee as well as the employer to each other. Delaying procedures due to documentation issues will send a very negative vibe to the existing staff. You mentioned that the executive died in a robbery attempt on an official tour and had been with the company for the last five years. It's a pity that we let our staff's families suffer when stability of five years for a marketing professional is not common in today's competitive market.
As an HR professional, I would recommend a few options to the management:
- Offer employment to the spouse if the deceased executive was the sole earning member of the family.
- Offer at least the basic salary as monthly compensation to the family until the deceased executive would have reached retirement age.
Please keep us informed about your management's decision. I am sure all of us are awaiting a win-win solution.
From India, Mumbai
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The most important question we need to ask ourselves is whether the laws are made to assist us or to defend us. We cannot become heartless under the pretext of what the law says. We also cannot relax by paying a minuscule amount for group insurance.
We are the face of the employee as well as the employer to each other. Delaying procedures due to documentation issues will send a very negative vibe to the existing staff. You mentioned that the executive died in a robbery attempt on an official tour and had been with the company for the last five years. It's a pity that we let our staff's families suffer when stability of five years for a marketing professional is not common in today's competitive market.
As an HR professional, I would recommend a few options to the management:
- Offer employment to the spouse if the deceased executive was the sole earning member of the family.
- Offer at least the basic salary as monthly compensation to the family until the deceased executive would have reached retirement age.
Please keep us informed about your management's decision. I am sure all of us are awaiting a win-win solution.
From India, Mumbai
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Hi,
So often, the humane side of Human Resource professionals takes a backseat in the pursuit of pleasing management. It is in situations like this that HR should stand up and play the most humane role. Anyhow, our esteemed members have already posted valuable inputs. Please consolidate the suggestions and present them to your management team. Strive to take appropriate action that will benefit the deceased employee's family and also leave a strong impact on the employees, thereby increasing their sense of belongingness towards the company.
This is a sensitive issue, and therefore, the pace at which the company handles this matter is very important.
ALL THE BEST!!
- Gia
From India, Pune
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So often, the humane side of Human Resource professionals takes a backseat in the pursuit of pleasing management. It is in situations like this that HR should stand up and play the most humane role. Anyhow, our esteemed members have already posted valuable inputs. Please consolidate the suggestions and present them to your management team. Strive to take appropriate action that will benefit the deceased employee's family and also leave a strong impact on the employees, thereby increasing their sense of belongingness towards the company.
This is a sensitive issue, and therefore, the pace at which the company handles this matter is very important.
ALL THE BEST!!
- Gia
From India, Pune
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There is no Section 53 in the Act, and nowhere is it mentioned that the top executive is not liable for compensation. Based on my study of the Act, it is stated that every employee of the company who meets with an accident and causes death during working hours is liable for compensation as per the Act.
From India, Mumbai
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From India, Mumbai
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Dear Xavierr,
Under the amended Employee Compensation Act, all employees are entitled to compensation as if their salary is INR 8000 per month. You are required to deposit the same with the concerned Workmen Compensation Authority, i.e., the Deputy Commissioner of Labour, in case of an accident that occurs while on duty.
Thank you.
From India, Hyderabad
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Under the amended Employee Compensation Act, all employees are entitled to compensation as if their salary is INR 8000 per month. You are required to deposit the same with the concerned Workmen Compensation Authority, i.e., the Deputy Commissioner of Labour, in case of an accident that occurs while on duty.
Thank you.
From India, Hyderabad
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Dear all the learned contributors to this thread,
I understand your concern for the deceased and his bereaved family. Material comforts and monetary support aside, the care and affection provided by the breadwinner of the family to his wife and children is irreplaceable. However, I respectfully disagree with certain friends regarding the applicability of the Employees' Compensation Act, 1923 to the deceased employee due to the limited scope of the definition clause in conjunction with the detailed Schedule II. Whether right or wrong, unfortunately, any Social Security Labour Legislation is selective in its application and minimal in its compensation scales. Therefore, let's set aside the legal aspect for now.
I sincerely hope that Mr. Xavierr can step up as a true savior and influence the management to shift their focus from strict legal compliance to compassionate consideration. They should compensate the bereaved family in a manner that honors the sacrifice made, as suggested by the members. Such a gesture of generosity from the management aligns with its corporate social responsibility, as employees are an integral part of society.
Thank you.
From India, Salem
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I understand your concern for the deceased and his bereaved family. Material comforts and monetary support aside, the care and affection provided by the breadwinner of the family to his wife and children is irreplaceable. However, I respectfully disagree with certain friends regarding the applicability of the Employees' Compensation Act, 1923 to the deceased employee due to the limited scope of the definition clause in conjunction with the detailed Schedule II. Whether right or wrong, unfortunately, any Social Security Labour Legislation is selective in its application and minimal in its compensation scales. Therefore, let's set aside the legal aspect for now.
I sincerely hope that Mr. Xavierr can step up as a true savior and influence the management to shift their focus from strict legal compliance to compassionate consideration. They should compensate the bereaved family in a manner that honors the sacrifice made, as suggested by the members. Such a gesture of generosity from the management aligns with its corporate social responsibility, as employees are an integral part of society.
Thank you.
From India, Salem
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Mr. Xavierr,
First of all, understand that what is provided by law in this type of cases is the minimum. There is no maximum limit. Maximum is the magnanimity of the management. See what Tatas has done for the victims of the 26/11 Bombay attack.
Now, about his eligibility under EC Act, please read section 2(dd) and schedule 11 of the EC Act 1923. Further, the length of service is immaterial.
For further discussion, you can contact:
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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First of all, understand that what is provided by law in this type of cases is the minimum. There is no maximum limit. Maximum is the magnanimity of the management. See what Tatas has done for the victims of the 26/11 Bombay attack.
Now, about his eligibility under EC Act, please read section 2(dd) and schedule 11 of the EC Act 1923. Further, the length of service is immaterial.
For further discussion, you can contact:
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Dear All,
He lost his life, and this is a big loss for his family. Why deny the compensation? There are companies that provide life cover for employees (up to 3 times the annual CTC). Why not start good practices? After all, he must have worked hard for your company.
From India, Pune
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He lost his life, and this is a big loss for his family. Why deny the compensation? There are companies that provide life cover for employees (up to 3 times the annual CTC). Why not start good practices? After all, he must have worked hard for your company.
From India, Pune
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Well, even if an executive comes under the top level, they are still an employee and should be eligible for employee compensation. However, the amount or facilities may vary depending on the level. All executives, from junior to senior or top level, are eligible for employee compensation as per company norms and employment agreement.
From India, Lucknow
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From India, Lucknow
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