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 received by the nominee.
Now his wife has remarried.
In this case who will receive the benefits - Wife or mother? Also, would an NoC be required from the wife if mother claims the amount?
From India, Bhubaneswar
1Now his wife has remarried.
In this case who will receive the benefits - Wife or mother? Also, would an NoC be required from the wife if mother claims the amount?
From India, Bhubaneswar
Very useful query.
Sir, for any compensation matters the Bhagavtgitha or guiding factor is the Workmen's Compensation Act now renamed as Employees Compensation Act.
For any death claim of the employee, while deciding shares of nominees, there are clear cut guidances and judgements 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 natural nominee but deceased has a dependent mother also. So his dependent Mother gets share undoubtedly irrespective of consent of the wife of the deceased son.
The wife of the deceased employee, though now she has remarried, would be eligible to get her share along with the living dependent mother. In all likelihood, such share would be divided equally between the wife and mother.
From India, Nellore
Sir, for any compensation matters the Bhagavtgitha or guiding factor is the Workmen's Compensation Act now renamed as Employees Compensation Act.
For any death claim of the employee, while deciding shares of nominees, there are clear cut guidances and judgements 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 natural nominee but deceased has a dependent mother also. So his dependent Mother gets share undoubtedly irrespective of consent of the wife of the deceased son.
The wife of the deceased employee, though now she has remarried, would be eligible to get her share along with the living dependent mother. In all likelihood, such share would be divided equally between the wife and mother.
From India, Nellore
With due respect to you Sir, I would like to raise queries to update my self, as under:
When an employee dies as a result of suicide, how does the Employee Compensation Act come in the picture?
You said that any death claim of the employee while deciding shares of nominees there are clear cut guidance and judgments. Can you please provide the same or give reference?
From India, Mumbai
When an employee dies as a result of suicide, how does the Employee Compensation Act come in the picture?
You said that any death claim of the employee while deciding shares of nominees there are clear cut guidance and judgments. Can you please provide the same or give reference?
From India, Mumbai
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 Honorable Magistrate Court and obtain a legal heirship certificate for claim of unpaid amount to the deceased.
From India, Madras
From India, Madras
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 remain a widow for her lifetime in order to claim dues?
From India, New Delhi
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 remain a widow for her lifetime in order to claim dues?
From India, New Delhi
Yes, very nice of you both sir.
Let me clarify-
I said Bhagavtgitha as W.C. ACT (EC act now)
The query raised is about disbursement of EPF and ESI related amounts, not about company's insurance payment under w.c. act before a quasi judicial Authority. OK
For 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 Depts. Usually follow...
Even she remarries, it won't be a disability. As for some held judgements, I will try to put them up soon as I am very busy up to month ending.
From India, Nellore
Let me clarify-
I said Bhagavtgitha as W.C. ACT (EC act now)
The query raised is about disbursement of EPF and ESI related amounts, not about company's insurance payment under w.c. act before a quasi judicial Authority. OK
For 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 Depts. Usually follow...
Even she remarries, it won't be a disability. As for some held judgements, I will try to put them up soon as I am very busy up to month ending.
From India, Nellore
A family member certificate issued by RMandal revenue officer or Tahsildar is enough not necessary from court of law
If and when there is a demand for share between two wives legal and other way ...both should go to court and should get who is a legal beneficiary.
In general case like above wife and mother both have legal shares as dependents...
From India, Nellore
If and when there is a demand for share between two wives legal and other way ...both should go to court and should get who is a legal beneficiary.
In general case like above wife and mother both have legal shares as dependents...
From India, Nellore
if wife remarries, she looses her claim to pension or other benefits which accrue to her on death of her husband... it is very clear... even in annual declaration from pensioner, it is mentioned that female has not remarried after death of her husband and she is not employed anywhere....
From India
From India
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
From India, New Delhi
Thanks to all for sharing valuable information to readers.
The only thing is missing is humanitarian touch..and visualling a ray of religious fundamental ism.Pls.Kindly don't stick on word by word of above laws..and rules. Particularly the above EPF ESI INSURANCE LAWS ARE WELFARE LAWS...AND MOREOVER PLS DONT FORGET THE LABOUR LAWS IN INDIA ORIGINATED SINCE BRITISH RULING IN INDIA AT THAT TIME THOSE HAVE NO CONCERN ON INDIAN POOR FAMILIES. THEY LAID SUCH CONDITIONS OF CEASING THE MONITORY BENEFITS IN THE CONDITION OF REMARRIAGE...
BE PRACTICAL... THE ABOVE ESI EPF INSURANCE ARE WELFARE LAWS.THEY ARE MEANT FOR HELPING POOR WORKERS... SO A remarried WIDOW OF DECEASED WORKER ALSO NOW GETTING THE BENEFIT BY SUPPRESSING THE FACT.. On humanitarian grounds it is not a sin..What is the life of a poor widow on the Indian streets is a welknown fact.. Suppose she has children of her first husband...The second husband generally don't show any concern over that children of the deceased.. So these are practical problems. EVEN GOVT. HAS ALSO NO BOTHER FOR RELEASING THE RELIEF. Why it is the saved money of THE DECEASED WORKER FROM HIS SALARY and matching contribution by company or government.
So widows remarriage is not a big issue to accrue the benefits
.
From India, Nellore
The only thing is missing is humanitarian touch..and visualling a ray of religious fundamental ism.Pls.Kindly don't stick on word by word of above laws..and rules. Particularly the above EPF ESI INSURANCE LAWS ARE WELFARE LAWS...AND MOREOVER PLS DONT FORGET THE LABOUR LAWS IN INDIA ORIGINATED SINCE BRITISH RULING IN INDIA AT THAT TIME THOSE HAVE NO CONCERN ON INDIAN POOR FAMILIES. THEY LAID SUCH CONDITIONS OF CEASING THE MONITORY BENEFITS IN THE CONDITION OF REMARRIAGE...
BE PRACTICAL... THE ABOVE ESI EPF INSURANCE ARE WELFARE LAWS.THEY ARE MEANT FOR HELPING POOR WORKERS... SO A remarried WIDOW OF DECEASED WORKER ALSO NOW GETTING THE BENEFIT BY SUPPRESSING THE FACT.. On humanitarian grounds it is not a sin..What is the life of a poor widow on the Indian streets is a welknown fact.. Suppose she has children of her first husband...The second husband generally don't show any concern over that children of the deceased.. So these are practical problems. EVEN GOVT. HAS ALSO NO BOTHER FOR RELEASING THE RELIEF. Why it is the saved money of THE DECEASED WORKER FROM HIS SALARY and matching contribution by company or government.
So widows remarriage is not a big issue to accrue the benefits
.
From India, Nellore
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