A person working in a private company died (suicide) in 2015. His nominee was his wife. The death claim (PF, company insured amount, etc.) has not been settled yet, and the corporate benefits have still not been received by the nominee.
Now his wife has remarried. In this case, who will receive the benefits - the wife or the mother? Also, would an NoC be required from the wife if the mother claims the amount?
From India, Bhubaneswar
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1Now his wife has remarried. In this case, who will receive the benefits - the wife or the mother? Also, would an NoC be required from the wife if the mother claims the amount?
From India, Bhubaneswar
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Very useful query.
Sir, for any compensation matters, the Bhagavad Gita or guiding factor is the Workmen's Compensation Act, now renamed as the Employees Compensation Act. For any death claim of the employee, while deciding shares of nominees, there are clear-cut guidance and judgments one should follow.
In this case, the first share goes to the wife naturally. At the same time, if the deceased has young dependent children or a dependent parent (mother or father) or unmarried or widowed sisters or dependent handicapped brothers or sisters, they would have shares in the given compensation. In this case, the wife is the natural nominee, but the deceased has a dependent mother also. So, his dependent mother gets a share undoubtedly irrespective of the consent of the wife of the deceased son.
The wife of the deceased employee, though she has remarried, would be eligible to get her share along with the living dependent mother. In all likelihood, such a share would be divided equally between the wife and mother.
From India, Nellore
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Sir, for any compensation matters, the Bhagavad Gita or guiding factor is the Workmen's Compensation Act, now renamed as the Employees Compensation Act. For any death claim of the employee, while deciding shares of nominees, there are clear-cut guidance and judgments one should follow.
In this case, the first share goes to the wife naturally. At the same time, if the deceased has young dependent children or a dependent parent (mother or father) or unmarried or widowed sisters or dependent handicapped brothers or sisters, they would have shares in the given compensation. In this case, the wife is the natural nominee, but the deceased has a dependent mother also. So, his dependent mother gets a share undoubtedly irrespective of the consent of the wife of the deceased son.
The wife of the deceased employee, though she has remarried, would be eligible to get her share along with the living dependent mother. In all likelihood, such a share would be divided equally between the wife and mother.
From India, Nellore
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With due respect to you, sir, I would like to raise queries to update myself as follows:
When an employee dies as a result of suicide, how does the Employee Compensation Act come into the picture?
You mentioned that there are clear-cut guidance and judgments regarding any death claim of the employee when deciding shares of the nominees. Could you please provide the same or give a reference?
From India, Mumbai
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When an employee dies as a result of suicide, how does the Employee Compensation Act come into the picture?
You mentioned that there are clear-cut guidance and judgments regarding any death claim of the employee when deciding shares of the nominees. Could you please provide the same or give a reference?
From India, Mumbai
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Since his wife has remarried, she has ceased to be the legal heir of the deceased. If the deceased has children and dependent parents, they have to file a claim before the Honorable Magistrate Court and obtain a legal heirship certificate for the claim of the unpaid amount to the deceased.
From India, Madras
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From India, Madras
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In this particular case, a pertinent point is the Date of Death, which is 2015 as per Mr. Biswanath. We are in August 2018. Remarriage is presumed after 2015. Nominee was his wife. Death claim (PF, company insured amount, etc.) not yet settled, and corporate benefits not received by the nominee. Why has the employer not processed relevant claims till date?
Will remarriage of the nominee (except EPS Pension from Remarriage date) come in the way of getting due benefits? Does this somehow imply that a nominee remains a widow for her lifetime in order to claim dues?
From India, New Delhi
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Will remarriage of the nominee (except EPS Pension from Remarriage date) come in the way of getting due benefits? Does this somehow imply that a nominee remains a widow for her lifetime in order to claim dues?
From India, New Delhi
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Yes, very nice of you both, sir. Let me clarify - I said Bhagavad Gita as W.C. ACT (EC act now). The query raised is about the disbursement of EPF and ESI related amounts, not about the company's insurance payment under W.C. act before a quasi-judicial authority. OK. For the final release or ultimate claim of EPF or ESI, the account holder, i.e., the employee's demise is enough. The reason for the employee's death should have no effect on both ESI and EPF final withdrawals.
Moreover, for claim amount disbursement, W.C. act eligibilities the two departments usually follow... Even if she remarries, it won't be a disability. As for some held judgments, I will try to put them up soon as I am very busy up to month ending.
From India, Nellore
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Moreover, for claim amount disbursement, W.C. act eligibilities the two departments usually follow... Even if she remarries, it won't be a disability. As for some held judgments, I will try to put them up soon as I am very busy up to month ending.
From India, Nellore
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A family member certificate issued by RMandal revenue officer or Tahsildar is enough; not necessary from the court of law. If and when there is a demand for a share between two wives legally and in other ways, both should go to court to determine who is the legal beneficiary. In a general case like the one mentioned above, the wife and mother both have legal shares as dependents.
From India, Nellore
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From India, Nellore
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If a wife remarries, she loses her claim to the pension or other benefits that accrue to her upon the death of her husband. This rule is very clear. Even in the annual declaration from the pensioner, it is mentioned that the female has not remarried after the death of her husband and is not employed anywhere.
From India
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From India
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Dear Friend, Employment by EPS Pensioner will not be a bar for claiming EPS Pension.Please peruse the attachment with reference to your statement "she is not employed anywhere...."
From India, New Delhi
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From India, New Delhi
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Thank you to all for sharing valuable information with readers. The only thing missing is a humanitarian touch and visualizing a ray of religious fundamentalism. Please, kindly don't stick word by word to the above laws and rules. Particularly, the above EPF, ESI, INSURANCE LAWS ARE WELFARE LAWS. Moreover, please don't forget that the labor laws in India originated during the British rule in India. At that time, those laws had no concern for Indian poor families. They imposed conditions such as ceasing monetary benefits upon remarriage.
Be practical. The above ESI, EPF, INSURANCE are welfare laws meant to help poor workers. Therefore, a remarried widow of a deceased worker is also now benefiting by suppressing the fact. On humanitarian grounds, it is not a sin. The plight of a poor widow on the Indian streets is a well-known fact. Suppose she has children from her first husband. The second husband generally shows no concern for the deceased husband's children. These are practical problems. Even the government shows no interest in releasing relief funds. It is the saved money of the deceased worker from his salary and the matching contribution by the company or government.
Therefore, widows' remarriage should not be a big issue to receive benefits.
From India, Nellore
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Be practical. The above ESI, EPF, INSURANCE are welfare laws meant to help poor workers. Therefore, a remarried widow of a deceased worker is also now benefiting by suppressing the fact. On humanitarian grounds, it is not a sin. The plight of a poor widow on the Indian streets is a well-known fact. Suppose she has children from her first husband. The second husband generally shows no concern for the deceased husband's children. These are practical problems. Even the government shows no interest in releasing relief funds. It is the saved money of the deceased worker from his salary and the matching contribution by the company or government.
Therefore, widows' remarriage should not be a big issue to receive benefits.
From India, Nellore
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Dear Gannahope Sir,
I respect your feelings, but I feel we are here to discuss the law and not to discuss the practices or what should be the law. In fact, I had decided not to contribute any more here, but since I received a private message on my wall by the poster, I changed my mind. The poster stated that the deceased has minor children. How many, that is not written.
The questions here are:
1. What are the dues payable by the employer in this case?; and
2. Whether the widow of the deceased, who is now re-married, is entitled to get these dues?
According to me, the following are the legal dues payable by the employer:
1. The unpaid salary and other payments, if any, including leave encashment;
2. Payment of bonus, if payable per the Act or as per the practice without any discrimination; and
3. Payment of Gratuity.
This payment is to be made to the nominee of the deceased in record. In the absence of a nominee, the employer can choose to pay these dues to any of the members of his family or ask the members to submit a succession certificate from the court. The court, while granting the succession certificate, will take care of the minor children of the deceased.
It is advisable by the HR person, in the interest of the employer, to ask for a succession certificate. There is no guarantee in every case that in the future no issue will crop up regarding this payment. I have seen and handled this kind of issues. In the given case, today the widow of the deceased is ready to give in writing to the company that she has no claim over the dues of her deceased husband, but in the future, if she changes her mind, then what? Can the shelter of the letter by the widow help legally?
There are other dues payable by EPFO as under:
1. EPF accumulation in the account of the deceased and Insurance Fund (if applicable) to the nominee(s) as per Form 2. If Form 2 is not obtained, then EPFO will settle the dues as per the succession certificate only. If the deceased has not changed his nomination in Form 2 after his marriage, then as per the ruling of the Supreme Court, his widow is eligible to get EPF dues. But in the given case, the widow is married now, and therefore she will not be paid the PF dues by EPFO in my view, and the EPFO will definitely ask for a succession certificate.
2. EPS widow pension is payable to the widow only. Since the widow is now married, she is not entitled to the pension as per the law. However, the minor children of the deceased, subject to a maximum of two, are eligible for a monthly pension.
In my view, the nominee is the receiver of the money or the benefit, and he is not getting the ownership or legal heirship. On receipt of the money or the benefit by the nominee, disbursement has to be made as per the succession law, in case there is an issue on it by any of the family members.
From India, Mumbai
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I respect your feelings, but I feel we are here to discuss the law and not to discuss the practices or what should be the law. In fact, I had decided not to contribute any more here, but since I received a private message on my wall by the poster, I changed my mind. The poster stated that the deceased has minor children. How many, that is not written.
The questions here are:
1. What are the dues payable by the employer in this case?; and
2. Whether the widow of the deceased, who is now re-married, is entitled to get these dues?
According to me, the following are the legal dues payable by the employer:
1. The unpaid salary and other payments, if any, including leave encashment;
2. Payment of bonus, if payable per the Act or as per the practice without any discrimination; and
3. Payment of Gratuity.
This payment is to be made to the nominee of the deceased in record. In the absence of a nominee, the employer can choose to pay these dues to any of the members of his family or ask the members to submit a succession certificate from the court. The court, while granting the succession certificate, will take care of the minor children of the deceased.
It is advisable by the HR person, in the interest of the employer, to ask for a succession certificate. There is no guarantee in every case that in the future no issue will crop up regarding this payment. I have seen and handled this kind of issues. In the given case, today the widow of the deceased is ready to give in writing to the company that she has no claim over the dues of her deceased husband, but in the future, if she changes her mind, then what? Can the shelter of the letter by the widow help legally?
There are other dues payable by EPFO as under:
1. EPF accumulation in the account of the deceased and Insurance Fund (if applicable) to the nominee(s) as per Form 2. If Form 2 is not obtained, then EPFO will settle the dues as per the succession certificate only. If the deceased has not changed his nomination in Form 2 after his marriage, then as per the ruling of the Supreme Court, his widow is eligible to get EPF dues. But in the given case, the widow is married now, and therefore she will not be paid the PF dues by EPFO in my view, and the EPFO will definitely ask for a succession certificate.
2. EPS widow pension is payable to the widow only. Since the widow is now married, she is not entitled to the pension as per the law. However, the minor children of the deceased, subject to a maximum of two, are eligible for a monthly pension.
In my view, the nominee is the receiver of the money or the benefit, and he is not getting the ownership or legal heirship. On receipt of the money or the benefit by the nominee, disbursement has to be made as per the succession law, in case there is an issue on it by any of the family members.
From India, Mumbai
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Oh my god... plenty of questions in your mind for a simple issue.
All laws started among practice only. I am sorry you are still in a mood to drag on payment of his salary, bonus, insurance, etc. Dues. You don't want to see any solutions to your lame excuses arising plenty minute by minute. Consult your company lawyer or even search on the internet, Google, for getting plenty of informed answers.
Please go through the W.C. act... example cases. There is no question of getting succession from the public court of Law. Only Revenue tahsildar's issued family member certificate is enough. Please don't invite troubles by asking the bereaved family members for a succession certificate from the court of law only.
Moreover, for EPF withdrawals and ESI pension issues, those are the works of those departments, not the company. You just submit all the already earlier received information at the time of joining or at the time of opening EPF ESI accounts by the deceased. OK. Nothing more than to clarify you, sir. Please.
From India, Nellore
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All laws started among practice only. I am sorry you are still in a mood to drag on payment of his salary, bonus, insurance, etc. Dues. You don't want to see any solutions to your lame excuses arising plenty minute by minute. Consult your company lawyer or even search on the internet, Google, for getting plenty of informed answers.
Please go through the W.C. act... example cases. There is no question of getting succession from the public court of Law. Only Revenue tahsildar's issued family member certificate is enough. Please don't invite troubles by asking the bereaved family members for a succession certificate from the court of law only.
Moreover, for EPF withdrawals and ESI pension issues, those are the works of those departments, not the company. You just submit all the already earlier received information at the time of joining or at the time of opening EPF ESI accounts by the deceased. OK. Nothing more than to clarify you, sir. Please.
From India, Nellore
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Sir, you are absolutely right in all respects. You are correct in bringing the WC Act into the given case. You are an authority as the Assistant Labour Commissioner.
I have decided not to cause any more irritation on this platform. Please take care of this platform; it now belongs to you, sir. I am permanently logging out from here before someone like you sues me.
From India, Mumbai
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I have decided not to cause any more irritation on this platform. Please take care of this platform; it now belongs to you, sir. I am permanently logging out from here before someone like you sues me.
From India, Mumbai
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Dear Mr. KA Korgaonkar,
There is no need to leave the forum as such. Your contributions were valuable and these were acknowledged explicitly by the other members. The objectionable sentences have been deleted from the other member's post. I doubt these were addressed to you at all.
Thanks and regards,
Dinesh Divekar
From India, Bangalore
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There is no need to leave the forum as such. Your contributions were valuable and these were acknowledged explicitly by the other members. The objectionable sentences have been deleted from the other member's post. I doubt these were addressed to you at all.
Thanks and regards,
Dinesh Divekar
From India, Bangalore
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Sir, I think the employer is asking... not our honorable member, sir. Please excuse me. I feel that justice delayed is justice denied. Forgive all my faults if I have hurt you, sir. Those words on delay are from the employer of that company only.
From India, Nellore
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From India, Nellore
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Employee Benefits.doc