An employee died - his wife was a 100 per cent nominee of PF. Company process EDLI only. Other Fund is not processed. The company said PF only to his wife. But other amounts are pending, for Example ..leave, gratuity .... Etc... The company HR head told me 50:50 (wife: mother) shares only. Is it possible for any legal professional or advocate to help me?
From India, Madras
From India, Madras
Hi, Upon death of a employee, you need to collect Legal Heir certificate from the the family of deceased and the amount should be distributed among all equally for the members mentioned in the Legal Heir Certificate.
In case of any dispute or disagreement among nominees in sharing the settlement amount you may advise them to submit Succession Certificate. They should apply for it through Court and submit.
Before releasing the payment document everything get signature from all parties in stamp paper.
From India, Madras
941In case of any dispute or disagreement among nominees in sharing the settlement amount you may advise them to submit Succession Certificate. They should apply for it through Court and submit.
Before releasing the payment document everything get signature from all parties in stamp paper.
From India, Madras
Which document establishes that both wife and mother are entitled to get the gratuity amount? Obviously, the employee should have filed form F, nomination under the Payment of Gratuity Act. It the responsibility of the employer (the HR Head) to collect it once an employee completes one year of service. For disbursement of leave encashment, salary due, bonus etc the same nomination shall be presumed as given in the absence of separate nomination for each of them. Nobody would give separate nomination for each payment, like salary, leave and bonus but the employer would pay it to the spouse mentioned in the joining reports. The joining report is expected to have column to collect the information about the nominee. If it is not available in the company formats who is responsible? employee or the HR person? Certainly the HR is responsible. Therefore, ask him to see form F of Payment of Gratuity Act and disburse the gratuity and other dues.
From India, Kannur
From India, Kannur
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PF Judgement - Bom HC - Temp employee.doc