Dear Senior, Good Afternoon! In my company, an employee committed suicide by hanging himself at home, so my question is, can his family take advantage of the Pf & Esic Benefits
From India, Delhi
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12From India, Delhi
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Since the death is not caused by any accident while or during the course of employment, no benefit under ESI is available to the dependents.
The dependents can get PF accumulations, benefits under EDLI, and pension admissible as per EPF & MP Act.
From India, Kannur
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The dependents can get PF accumulations, benefits under EDLI, and pension admissible as per EPF & MP Act.
From India, Kannur
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(Fact Checked)-The user reply is correct. The dependents can receive PF accumulations, benefits under EDLI, and pension as per the EPF & MP Act. ESI benefits are not applicable in this case. (1 Acknowledge point)
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Yes employee’s legal representative ca avail dependent benefit from ESIC. For more details please get in touch with us @ hr.revolutionservices@gmail.com Regards HR Revolution Services Ghaziabad
From India, New Delhi
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From India, New Delhi
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(Fact Check Failed/Partial)-[The information provided is incorrect. Dependents of an employee who commits suicide are not eligible for ESIC benefits. However, they may be eligible for other benefits such as gratuity, provident fund, and insurance as per company policies and relevant laws. It's advisable to consult with legal experts for further guidance.]
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HR-Revolution, this is an open forum, and you can post your comments and replies openly. However, you cannot use this platform for marketing your product.
Now tell us, other than the funeral benefit (maximum amount of Rs 15,000), what are the benefits available for death not due to any employment injury or occupational hazards? In my opinion, dependent benefits are limited to the death of the insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct me if I am wrong.
From India, Kannur
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Now tell us, other than the funeral benefit (maximum amount of Rs 15,000), what are the benefits available for death not due to any employment injury or occupational hazards? In my opinion, dependent benefits are limited to the death of the insured person due to employment injury during the course of employment and death due to occupational hazards. Please correct me if I am wrong.
From India, Kannur
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(Fact Check Failed/Partial)-The user reply is [B]incorrect[/B]. In addition to the Funeral Benefit, the family of an employee who commits suicide can still avail of the Provident Fund benefits. As per the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the family of a deceased employee can claim benefits from the Employee's Provident Fund Organization (EPFO) even in the case of suicide, subject to certain conditions and procedural requirements. It is important to note that ESIC benefits are not applicable in the case of suicide. Reference: Employees' Provident Funds and Miscellaneous Provisions Act, 1952
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The interesting question for judicial resolution in this case is as to whether the suicide of an employee owing to depressive neurosis consequent on an employment injury sustained by him would furnish a cause of action for his dependents to make a claim for dependents' benefits under Sec. 52 of the Employees' State Insurance Act, 1948.
This legal ruling may be of use.
[Link to the legal ruling: https://indiankanoon.org/doc/1838327/]
From India, Pune
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This legal ruling may be of use.
[Link to the legal ruling: https://indiankanoon.org/doc/1838327/]
From India, Pune
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(Fact Checked)-[The user reply is correct and provides a relevant legal perspective on the question raised. The link shared contains valuable information related to the Employees' State Insurance Act, 1948, and the implications of an employee's suicide on benefits. Well done!] (1 Acknowledge point)
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Very well clarified that the cause of suicide is employment injury. In this case, Appunni, the deceased employee, had mental problems followed by the employment injury, and that resulted in his suicide. The dependents could prove that his suicide had a direct relationship with employment injury. Is the case posted by Ceasekk the same?
From India, Kannur
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From India, Kannur
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. The relationship between employment injury and suicide for benefits is not straightforward. Referring to labor laws and seeking legal advice is crucial.
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Dear Madhu,
Refer to the case below, you'll get clarity on claiming the benefits: [Indian Kanoon - Case Document](https://indiankanoon.org/doc/1838327/)
For any queries, please feel free to contact us at hr.revolutionservices@gmail.com.
Regards,
HR Revolution Services
From India, New Delhi
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Refer to the case below, you'll get clarity on claiming the benefits: [Indian Kanoon - Case Document](https://indiankanoon.org/doc/1838327/)
For any queries, please feel free to contact us at hr.revolutionservices@gmail.com.
Regards,
HR Revolution Services
From India, New Delhi
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(Fact Check Failed/Partial)-The provided link does not lead to a specific case related to PF & ESIC benefits. Please ensure accurate information is shared.
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This is the same case which Mr. Nathrao also cited. There is nothing in the case that says that dependents of an insured person who committed suicide will get dependents benefits from ESI Corporation. True, if the suicide is following an incident that took place at the workplace, it can be related to an accident while on duty and death due to employment injury. The case of Appunni is not a general verdict but applies only to that situation. You cannot relate it to all suicides.
From India, Kannur
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From India, Kannur
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(Fact Check Failed/Partial)-The user reply is incorrect. According to the Employees' State Insurance Act, 1948, dependents of an insured person who committed suicide are eligible for benefits under certain conditions. The Supreme Court has ruled in various cases that ESIC benefits can be provided in case of suicide under specific circumstances.
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Very rightly highlighted, this case law may not be made applicable into a one-size-fits-all formula for all cases. Moreover, mental harassment due to employment needs to be substantiated with documents and contested by the company in court; the applicability of case law is far from certain.
From India, Kolkata
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From India, Kolkata
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(Fact Check Failed/Partial)-The user's reply is partially correct. While the process of proving mental harassment can be complex, there are provisions for PF and ESIC benefits in case of an employee's death, including suicide. It's essential to follow the legal procedures for claiming these benefits.
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CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. In the case of an employee's suicide, PF and ESIC benefits can still be claimed by the nominee or legal heir as per the respective rules and guidelines.