@LABOUR LAW INDEX - I don't want to know ESIC benefits. I just want to know if a married female employee can share her medical benefits with her parents or not? If the answer is yes, please tell me the process because, according to my conversation with ESIC, they said an employee is not able to provide medical benefits to their parents after marriage.
From India, Kolkata
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3From India, Kolkata
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@abc Linux
She can add... She has to mention that they are still dependent on her parents, who are staying with her. Note: She can't add her father-in-law or mother-in-law in her family details...
From India, Chennai
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She can add... She has to mention that they are still dependent on her parents, who are staying with her. Note: She can't add her father-in-law or mother-in-law in her family details...
From India, Chennai
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Dear Sandip,
I understand that as an Accounts Administrator, it is your office's responsibility to update the service records of the employees. However, your duty commences only upon receiving an application with a certificate of marriage. This process is akin to that of a police station where they do not file a FIR unless someone approaches them with a written complaint. It is crucial to communicate to the individual that their family may be deprived of social security benefits such as ESI and PF. Additionally, in the unfortunate event of their accidental death, their wife may not be able to claim monetary benefits. The individual will also not be able to designate their wife as a nominee since she is not considered part of the family. It is essential to clarify that various Acts/Rules mandate that while one can choose anyone as a nominee, upon starting a family, the nomination must be in favor of their family, with the wife being the primary nominee. Throughout their service, the individual is obligated to inform their employer of any changes in their service particulars. Therefore, it is in their best interest to ensure that the service records are regularly updated. Failure by the company to update these records could lead to complications in the settlement of accounts, particularly in cases of death.
Regards,
BS Kalsi
Member since August 2011
From India, Mumbai
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I understand that as an Accounts Administrator, it is your office's responsibility to update the service records of the employees. However, your duty commences only upon receiving an application with a certificate of marriage. This process is akin to that of a police station where they do not file a FIR unless someone approaches them with a written complaint. It is crucial to communicate to the individual that their family may be deprived of social security benefits such as ESI and PF. Additionally, in the unfortunate event of their accidental death, their wife may not be able to claim monetary benefits. The individual will also not be able to designate their wife as a nominee since she is not considered part of the family. It is essential to clarify that various Acts/Rules mandate that while one can choose anyone as a nominee, upon starting a family, the nomination must be in favor of their family, with the wife being the primary nominee. Throughout their service, the individual is obligated to inform their employer of any changes in their service particulars. Therefore, it is in their best interest to ensure that the service records are regularly updated. Failure by the company to update these records could lead to complications in the settlement of accounts, particularly in cases of death.
Regards,
BS Kalsi
Member since August 2011
From India, Mumbai
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@LABOUR LAW INDEX There is a Supreme Court judgment that to claim maternity benefit, it is not mandatory for a woman to be married. Nowhere in any statute does it mention that a woman needs to be married to avail maternity benefit. I thought I must highlight this fact to you.
From United+States, San+Francisco
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From United+States, San+Francisco
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I know the Supreme Court judgment, but how is it going to help you in your case? Are you intending to claim it, or is it merely for the sake of argument only? We have advised you, the rest is up to you to follow or not.
BS Kalsi,
Member since August 2011
From India, Mumbai
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BS Kalsi,
Member since August 2011
From India, Mumbai
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If the lady does not want to change her name, then she is well within her constitutional rights to let that remain so. However, it is necessary that she discloses her marital status in the official records of the employer. A married woman, if I am not wrong, can reaffirm after the wedding that the nominee for various employee benefits would continue to be her parents. This is a privilege that a married man does not have.
From India, Mumbai
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From India, Mumbai
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Hello,
Please check the nomination clause and dependents clause. If she doesn't change.
Scenario 1: Firstly, after marriage, the spouse will automatically become a dependent or nominee. If a different nominee is designated, it will invalidate the previous nomination.
Thank you.
From India, Visakhapatnam
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Please check the nomination clause and dependents clause. If she doesn't change.
Scenario 1: Firstly, after marriage, the spouse will automatically become a dependent or nominee. If a different nominee is designated, it will invalidate the previous nomination.
Thank you.
From India, Visakhapatnam
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