Dear Seniors,
One of our factory worker committed suicide at his home due to family problems.. He died in hospital with severe burnt injuries. His relatives with some political people came to factory and demanded 50,000/- for funeral expenses. But we paid Rs. 10,000/-. Now they are demanding to do fixed deposit 2 lakhs per head for his 2 kids and job for his wife. we are deducting EPF and ESIC since July 2012 for him. I personally wanted to help his family. what are the best things can be done?
Is there any legal / statutory way to handle this?
Waiting for your reply.
Thanks.
From India, Chennai
148One of our factory worker committed suicide at his home due to family problems.. He died in hospital with severe burnt injuries. His relatives with some political people came to factory and demanded 50,000/- for funeral expenses. But we paid Rs. 10,000/-. Now they are demanding to do fixed deposit 2 lakhs per head for his 2 kids and job for his wife. we are deducting EPF and ESIC since July 2012 for him. I personally wanted to help his family. what are the best things can be done?
Is there any legal / statutory way to handle this?
Waiting for your reply.
Thanks.
From India, Chennai
Company is responsible for the treatment of a person if things are happen within a company and in his/her job timings otherwise company is not responsible for bear any thing. Rashmi
From India, Indore
From India, Indore
The only relation between the company and the person committed suicide is employer-employee relationship.
Since the suicide is committed at his home, company is not responsible to pay for any compensation except
his terminal benefits, PF dues, gratuity amount if any. and also any additional payment the company wishes to
pay (purely on compassionate grounds) .
Company should also inform the local authorities of Law & Order, as he was working as a factory worker, about
his suicide.
Thanks
R K Nair
From India, Aizawl
Since the suicide is committed at his home, company is not responsible to pay for any compensation except
his terminal benefits, PF dues, gratuity amount if any. and also any additional payment the company wishes to
pay (purely on compassionate grounds) .
Company should also inform the local authorities of Law & Order, as he was working as a factory worker, about
his suicide.
Thanks
R K Nair
From India, Aizawl
Dear Stephen,
HR is not always about how to implement the rules, its also how you see the Human in Human Resource.
What the most you can do is, if the workers really want to help the worker, is take contribution from the workers, add the co. contribution to the same and then make that a deposit in the bank, whereby the interest earned can be utilized by the family. Also the PF and the Gratuity amount that will be received, do not hand over to the family, but make a fixed deposit on the childrens name and then hand over the pass book to the family. This is completely out of the book suggestion that i am providing. This is only a humanitarian grounds that you would be doing this gesture and make sure that every one knows about it.
Rest as giving his wife a job, make it clear that only if she is qualified for any job and there is a vacancy will she be absorbed. Make no promises in that regards. Also if you do have any contract labor agency, then if she does not fill your criteria then she can be shifted to those role again on humanitarian grounds only.
Hope this is of some help to you.
From India, Mumbai
HR is not always about how to implement the rules, its also how you see the Human in Human Resource.
What the most you can do is, if the workers really want to help the worker, is take contribution from the workers, add the co. contribution to the same and then make that a deposit in the bank, whereby the interest earned can be utilized by the family. Also the PF and the Gratuity amount that will be received, do not hand over to the family, but make a fixed deposit on the childrens name and then hand over the pass book to the family. This is completely out of the book suggestion that i am providing. This is only a humanitarian grounds that you would be doing this gesture and make sure that every one knows about it.
Rest as giving his wife a job, make it clear that only if she is qualified for any job and there is a vacancy will she be absorbed. Make no promises in that regards. Also if you do have any contract labor agency, then if she does not fill your criteria then she can be shifted to those role again on humanitarian grounds only.
Hope this is of some help to you.
From India, Mumbai
Dear Stephen,
As Ashutosh's suggestion is just on the ground of Humanitarian. You can not take this as a RIGHT towards employment. If you want to help the employee then you can disburse his Gratuity immediately since that is in your hand only. You can Make FD of this amount. Simultaneously you can proceed for EPF & ESIC as there are scope for widow having kids.( CHECK whether it is applicable for Suicide Case or not)
Regds
Santosh Khamitkar
From India, Pune
As Ashutosh's suggestion is just on the ground of Humanitarian. You can not take this as a RIGHT towards employment. If you want to help the employee then you can disburse his Gratuity immediately since that is in your hand only. You can Make FD of this amount. Simultaneously you can proceed for EPF & ESIC as there are scope for widow having kids.( CHECK whether it is applicable for Suicide Case or not)
Regds
Santosh Khamitkar
From India, Pune
Sir,
As per provisions of ESI Act, 1948 reimbursement of Funeral Expenses upto a maximum of Rs. 10000/- (Rs. ten thousand only) is payable-Rule 59 of ESI (Central) Rules, 1952. No other benefits are payable to the dependants of the deceased insured person.
From India, Noida
As per provisions of ESI Act, 1948 reimbursement of Funeral Expenses upto a maximum of Rs. 10000/- (Rs. ten thousand only) is payable-Rule 59 of ESI (Central) Rules, 1952. No other benefits are payable to the dependants of the deceased insured person.
From India, Noida
Nothing to worry.
First of all no one should panic. NOK (next of kin) will be entitled to benefits accrued by way of company policies, statutory provisions, and ex gratia if company may consider. Due to recency effect relatives are emotionally charged which will go down only with time. Company should keep a lawyer besides them so that their responses do not indicate any abetment to suicide which is criminal offence. Company should otherwise cooperate with police.
First of all no one should panic. NOK (next of kin) will be entitled to benefits accrued by way of company policies, statutory provisions, and ex gratia if company may consider. Due to recency effect relatives are emotionally charged which will go down only with time. Company should keep a lawyer besides them so that their responses do not indicate any abetment to suicide which is criminal offence. Company should otherwise cooperate with police.
Dear,
The company is responsible if the accident or incident occure in or on the way of factory. In this case both the cases is not applicable. Although, the company is deducting ESIC, the treatment part of his (i.e. IP. Insured person) can bother by ESIC. ESIC can also provide the funaral assist for the IP.
As per legal, question does not arise to give compulsary compensation to the person. If the management and other workers ready to give some part volantarly.
with best regards.
aniruddha kale
The company is responsible if the accident or incident occure in or on the way of factory. In this case both the cases is not applicable. Although, the company is deducting ESIC, the treatment part of his (i.e. IP. Insured person) can bother by ESIC. ESIC can also provide the funaral assist for the IP.
As per legal, question does not arise to give compulsary compensation to the person. If the management and other workers ready to give some part volantarly.
with best regards.
aniruddha kale
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