Dear all,
Since the worker committed suicide at his residence, the company is not responsible for any addition benefits except to clear his legal dues i.e. earned wages / salary, Leave encasement, Gratuity, interim bonus (as bonus becomes payable within 8 months from the closing of financial year) etc.
The management and co workers if they wish voluntarily on humanitarian grounds, can help financially but it is not a legal right.
The management should extend help in early settlement of ESIC funeral benefit which Rs.10000/- and admissible pension from EPF for his dependent wife and two elder children and settlement of EDLI and EPF contribution.
P K Sharma
From India, Delhi
157Since the worker committed suicide at his residence, the company is not responsible for any addition benefits except to clear his legal dues i.e. earned wages / salary, Leave encasement, Gratuity, interim bonus (as bonus becomes payable within 8 months from the closing of financial year) etc.
The management and co workers if they wish voluntarily on humanitarian grounds, can help financially but it is not a legal right.
The management should extend help in early settlement of ESIC funeral benefit which Rs.10000/- and admissible pension from EPF for his dependent wife and two elder children and settlement of EDLI and EPF contribution.
P K Sharma
From India, Delhi
Dear All
I too agree with the suggestions given by Mr. P.K.Sharma in this thread. The employers liability does not arise at all if the death is occur ed at his residence out of working place either may be it a natural or suicide. If you have paid him Rs.10,000/- to meet his funeral expenses as good will and does not attract any provisions of law unless it is any agreement with the workers union. You do not entertain any demand from the deceased family members. At the most you can settle his full and final settlement of account against the services rendered in the organization including, Salary, other allowances, leave salary, Overtime wages, if any.
You can prepare an office order stating the Mr XXXXXX has expired on xxxxxx and his name from the rolls of the Company has been struck off with regret with effect fromxxxxx and display the same on notice board of the establishment and pay his dues whatever is applicable. It is deceased wife responsibility to claim Provident Fund and Pension from EPFO at her interest.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
I too agree with the suggestions given by Mr. P.K.Sharma in this thread. The employers liability does not arise at all if the death is occur ed at his residence out of working place either may be it a natural or suicide. If you have paid him Rs.10,000/- to meet his funeral expenses as good will and does not attract any provisions of law unless it is any agreement with the workers union. You do not entertain any demand from the deceased family members. At the most you can settle his full and final settlement of account against the services rendered in the organization including, Salary, other allowances, leave salary, Overtime wages, if any.
You can prepare an office order stating the Mr XXXXXX has expired on xxxxxx and his name from the rolls of the Company has been struck off with regret with effect fromxxxxx and display the same on notice board of the establishment and pay his dues whatever is applicable. It is deceased wife responsibility to claim Provident Fund and Pension from EPFO at her interest.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Not a painful deal from Employer side.
First Employer can give his pending salary,bonus,leave and gratutity benefit to His nominee. generally employer believes that the nominee declear in ESIC and Pf, should be same person.
So take a letter from his nominee that that person as died on the respective date so kindly give all the pending amount to Me. then pay him/her, (most recommded by cheque).
Then help them for claiming ESIC funereal Charges near about 10000.00
Then help them for PF dept pention etc formality.
No finical burden and practice should come on employer side.
If they are coming with political people, tell them we will full support for all formalities in ESIC and PF.
do not commit any big commitment. otherwise it will become bad practice in your factory/unit.
Thats my View.
From India, Rajkot
First Employer can give his pending salary,bonus,leave and gratutity benefit to His nominee. generally employer believes that the nominee declear in ESIC and Pf, should be same person.
So take a letter from his nominee that that person as died on the respective date so kindly give all the pending amount to Me. then pay him/her, (most recommded by cheque).
Then help them for claiming ESIC funereal Charges near about 10000.00
Then help them for PF dept pention etc formality.
No finical burden and practice should come on employer side.
If they are coming with political people, tell them we will full support for all formalities in ESIC and PF.
do not commit any big commitment. otherwise it will become bad practice in your factory/unit.
Thats my View.
From India, Rajkot
------------------------------
Dear Stephen,
Pl.go thru' the attached notes on 'Law & Procedure' relating to 'Funeral Exp.'under ESIC rules for your ready information and guidance.
For the rest of the things, I don't think you could do everything being suggested, as much would depend on the conditions of the deceased's family, their economic back ground, their immediate requirements, future plans etc. Your role would be limited to arranging the Full & Final settlement of his dues. It is going to be the decision of the widow and other dependents' of the deceased as to how the kitty has to be planned for the future. They must be ever grateful if you could arrange a posting for his wife or children, if they would suit your criterion on compassionate grounds. I feel you should take guidance from the precedences on such occasions and your HR Policy. All possible Care should be taken to avert unscrupulous fellows in the guise of helping the family squander the money & other benefits you are arranging. This is necessary all and sundry from the unions make use of such occasions for their evil designs.
From India, Bangalore
Dear Stephen,
Pl.go thru' the attached notes on 'Law & Procedure' relating to 'Funeral Exp.'under ESIC rules for your ready information and guidance.
For the rest of the things, I don't think you could do everything being suggested, as much would depend on the conditions of the deceased's family, their economic back ground, their immediate requirements, future plans etc. Your role would be limited to arranging the Full & Final settlement of his dues. It is going to be the decision of the widow and other dependents' of the deceased as to how the kitty has to be planned for the future. They must be ever grateful if you could arrange a posting for his wife or children, if they would suit your criterion on compassionate grounds. I feel you should take guidance from the precedences on such occasions and your HR Policy. All possible Care should be taken to avert unscrupulous fellows in the guise of helping the family squander the money & other benefits you are arranging. This is necessary all and sundry from the unions make use of such occasions for their evil designs.
From India, Bangalore
Dear Stephen,
Greetings for the day,
Deeply regert for the mishap and my sympathy with the family members. Since we aware of the fact that committing suicide is an offence. But on sympathatic background you simply do that, as employee is covered under ESIC you simply manage funeral allowance from ESIC as earlier sugeested by various contributory members including Mr. Sharma OF APEX management simply forwarding the medical reports to ESIC branch office & as far as compensation is concern EPF will provide social security benefit to the family members through EPS & medical facility form ESIC as far as compensation is concern no need to worry , you are not liable to pay a single penny.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Greetings for the day,
Deeply regert for the mishap and my sympathy with the family members. Since we aware of the fact that committing suicide is an offence. But on sympathatic background you simply do that, as employee is covered under ESIC you simply manage funeral allowance from ESIC as earlier sugeested by various contributory members including Mr. Sharma OF APEX management simply forwarding the medical reports to ESIC branch office & as far as compensation is concern EPF will provide social security benefit to the family members through EPS & medical facility form ESIC as far as compensation is concern no need to worry , you are not liable to pay a single penny.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Hi,
Death benefits which deceased employee family gets as below.
1.Funeral Benefit under ESIC - Rs.10,000.
2.EDLI amount under EPF Act - 20 times of Basic+DA.
3.Widow pension and Children Pension under EPF Act.
Regards,
Keshav.
From India, Bangalore
Death benefits which deceased employee family gets as below.
1.Funeral Benefit under ESIC - Rs.10,000.
2.EDLI amount under EPF Act - 20 times of Basic+DA.
3.Widow pension and Children Pension under EPF Act.
Regards,
Keshav.
From India, Bangalore
if somebody comits suicide that too at home you dont need to pay anything except hid dues. the amount of 10000 you paid could be recovered from his full & final settlementy.But if/as you have paid on a compqassionate prt sympathetic ground it is different issues.legally he is not entitled for any compensation for commiting suicide that too at his residence. You can flatly refuse .let them go to the courts you will not be in problem.Even he will not be paid against his life insurance poluicy for which he has contributed premmiums.
From India, Jamshedpur
From India, Jamshedpur
if you want to help his family / dependent/nominee plk see that his pf, gratuity and full & final accounts properly settled.see that his dependendants (widow)get the pension from pf.she wont get any pension from ESI.
From India, Jamshedpur
From India, Jamshedpur
Hi ALL,
It is good to see that every one is giving their well experience suggestion is countable in every aspects, But when you are dealing the death case weather he was died while working or at home, the first sympathy goes to decease family future well being and their benefits and labour/worker and local leaders, union forced to management to contribute something to help decease family livelihood.
First you may talk to District Authority for appointment of Arbitrator on this case and put all relevant document in front of him (Statutory Document ) and feel free to wait for decision of Arbitrator and convey the same.
Because, it is a matter of work family and where workers/Labour may feel that what decision come is true and correct for smooth function of production and work environment.
Why i suggested for one arbitrator that Both Employer & labour contribution equal for prosperity of the organisation and if labour consider that the management only utilizing them the organisation will not prosper and may suffer loss.
May go with arbitrator decision it will help you for harmony at your work place.
From India
It is good to see that every one is giving their well experience suggestion is countable in every aspects, But when you are dealing the death case weather he was died while working or at home, the first sympathy goes to decease family future well being and their benefits and labour/worker and local leaders, union forced to management to contribute something to help decease family livelihood.
First you may talk to District Authority for appointment of Arbitrator on this case and put all relevant document in front of him (Statutory Document ) and feel free to wait for decision of Arbitrator and convey the same.
Because, it is a matter of work family and where workers/Labour may feel that what decision come is true and correct for smooth function of production and work environment.
Why i suggested for one arbitrator that Both Employer & labour contribution equal for prosperity of the organisation and if labour consider that the management only utilizing them the organisation will not prosper and may suffer loss.
May go with arbitrator decision it will help you for harmony at your work place.
From India
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.
Employee Appraisal Form new.doc