In case of death of an employee, do we have to pay notice period as part of final dues?
From India, Mumbai
From India, Mumbai
Hi,
Question is not very clear.
Death of an employee inside the work premises while on work (Factories/industrial establishments/corporate office) or outside the office premises while on official work or while at home?
It depends on the case nominees of the employee are eligible for benefits like PF,ESI, labour welfare fund and Employees Compensation Act.
From India, Madras
951Question is not very clear.
Death of an employee inside the work premises while on work (Factories/industrial establishments/corporate office) or outside the office premises while on official work or while at home?
It depends on the case nominees of the employee are eligible for benefits like PF,ESI, labour welfare fund and Employees Compensation Act.
From India, Madras
What is a notice pay? It is the payment in lieu of notice period. What is the objective of notice period? It is the period which is required for the employer to find a replacement. It is the period an employee who is terminated or asked to go to find a suitable job for him.
In the case of death, obviously, everything including employment contract will come to an end. But is it due to an employee resigning? No. Is it due to an employer terminating the employee? No. That means neither the employee nor the employer has terminated the contract of employment but the contract comes to an end automatically. As such neither party has any liability to pay notice pay. If the dependents are asking for notice pay, naturally, you can also ask for it from the employer's side saying that you did not terminate the contract, but the employee has done it and as such he or his dependents should give notice pay!!!
From India, Kannur
In the case of death, obviously, everything including employment contract will come to an end. But is it due to an employee resigning? No. Is it due to an employer terminating the employee? No. That means neither the employee nor the employer has terminated the contract of employment but the contract comes to an end automatically. As such neither party has any liability to pay notice pay. If the dependents are asking for notice pay, naturally, you can also ask for it from the employer's side saying that you did not terminate the contract, but the employee has done it and as such he or his dependents should give notice pay!!!
From India, Kannur
Death occurs out side of work environment. But do we need to pay notice period as part of final dues?
From India, Mumbai
From India, Mumbai
In case of death why are you thinking for Notice Pay. Mr. Madhu T K has been explained it rightly the position.
Only complete the F & F properly - If PF member then EDLI, PF, EPS ; If eligible for Gratuity pay the same, Leave pay if any, Salary dues if any and any other extra legal facility e.g insurance by organization in case of death etc.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Only complete the F & F properly - If PF member then EDLI, PF, EPS ; If eligible for Gratuity pay the same, Leave pay if any, Salary dues if any and any other extra legal facility e.g insurance by organization in case of death etc.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Dear
Vmlakshminarayanan and
Sanket Kashid
The query is rightly explained by one of our esteemed contributors Mr.Madhu.T.K. You need not to pay any notice pay in case of death of any employee whether on duty or outside the premises.
Regards
From India, Delhi
Vmlakshminarayanan and
Sanket Kashid
The query is rightly explained by one of our esteemed contributors Mr.Madhu.T.K. You need not to pay any notice pay in case of death of any employee whether on duty or outside the premises.
Regards
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
PF Death case Composite Claim Form No 20,10D & 5IF.xls