We transferred four employees from one department to another in 2013. Three employees accepted the transfer letter and started their work in another department. But one employee filed a labor court case and challenged the transfer letter. We convinced him to start work in the new department, and he agreed, received the transfer letter, and started his work as assigned.
After six months, he was not coming again, and we refiled the case in labor court. Once again, we convinced him and asked him to start the work. After that, he apologized in writing that he was absent from duty and field work and requested that we take him on work.
We have accept his request & he has start his duty. after a few days, once again, he stopped his duties and did not come on his own & refiled the case in labour court that the company was not allowing him to do the job. but his name is still in our muster roll. We are marking absent.
This year in 2024 we came to know that he was died due to cancer now his family wants settlement. We are ready to pay his gratuity amount & also help his family by giving lumpsum amount. Now my question is his wife is eligible for pension and is his family is eligible for EDLI, though he was absent from last seven years but because the case is pending at labor court and we have not stopped him.
Please guide me for EDLI and pension.
Regards,
Sanjay Tiwari
From India, Mumbai
2After six months, he was not coming again, and we refiled the case in labor court. Once again, we convinced him and asked him to start the work. After that, he apologized in writing that he was absent from duty and field work and requested that we take him on work.
We have accept his request & he has start his duty. after a few days, once again, he stopped his duties and did not come on his own & refiled the case in labour court that the company was not allowing him to do the job. but his name is still in our muster roll. We are marking absent.
This year in 2024 we came to know that he was died due to cancer now his family wants settlement. We are ready to pay his gratuity amount & also help his family by giving lumpsum amount. Now my question is his wife is eligible for pension and is his family is eligible for EDLI, though he was absent from last seven years but because the case is pending at labor court and we have not stopped him.
Please guide me for EDLI and pension.
Regards,
Sanjay Tiwari
From India, Mumbai
There are some clarifications required.
He has been absent for seven years, but you have not taken any action against it?
While a dispute is pending in the Labour Court ( I am not convinced why this employee went directly to Labour Court bypassing the conciliation by the Labour Officer) why did you arrive at a bipartite settlement- that you allowed him work from home etc-?
What is the status of his complaint before the Court?
Did you ever appear before the Court?
Did you ever submitted your counter?
Coming to the issue of Pension and EDLI, the EPFO will decide what are payable. The amount of EDLI will depend upon the PF accumulations. Pension will be paid to the spouse but the amount of pension, again, will depend upon the contributions, and since there are so many Non Contributory Period, the amount would be less. Anyway it is not the headache of the Company but it will be taken care of by the EPFO only.
From India, Kannur
He has been absent for seven years, but you have not taken any action against it?
While a dispute is pending in the Labour Court ( I am not convinced why this employee went directly to Labour Court bypassing the conciliation by the Labour Officer) why did you arrive at a bipartite settlement- that you allowed him work from home etc-?
What is the status of his complaint before the Court?
Did you ever appear before the Court?
Did you ever submitted your counter?
Coming to the issue of Pension and EDLI, the EPFO will decide what are payable. The amount of EDLI will depend upon the PF accumulations. Pension will be paid to the spouse but the amount of pension, again, will depend upon the contributions, and since there are so many Non Contributory Period, the amount would be less. Anyway it is not the headache of the Company but it will be taken care of by the EPFO only.
From India, Kannur
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.
E-returns for Pension and EDLI schemes 5.8.2011.pdf