One of our engineers expired due to a heart attack. He had dedicated 12 years of his life to the company. He was very hardworking, result-oriented, and the company has gained a good reputation and profits from his contributions. Unfortunately, the employee has passed away, leaving behind his uneducated wife and two school-going children with no source of income. The company has not shown willingness to help this family. I calculated his gratuity and presented it to the management, but they are not prepared to pay.
His wife has made numerous attempts to meet with my Managing Director, but he has not made time for her. I managed to assist them slightly by navigating the paperwork at the Provident Fund office for his claims, providing some temporary relief for the grieving family.
In this situation, I seek your advice on how the family can seek support from the company. Can she pursue legal action to claim benefits from the company? Please advise.
From India, Bengaluru
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8His wife has made numerous attempts to meet with my Managing Director, but he has not made time for her. I managed to assist them slightly by navigating the paperwork at the Provident Fund office for his claims, providing some temporary relief for the grieving family.
In this situation, I seek your advice on how the family can seek support from the company. Can she pursue legal action to claim benefits from the company? Please advise.
From India, Bengaluru
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He is entitled to gratuity. It does not matter if the company does not want to pay. Advise the lady to complain to the Labor officer about non-payment of gratuity. Was the heart attack precipitated due to work pressure?
PF balances can be retrieved if you show some interest. Help her fill in the forms and submit to the PF office. Why is your company acting so unconcerned? Today it is the engineer; tomorrow it could be somebody else. Lack of humanitarian concern, non-introduction of an employee insurance scheme speaks badly about the management.
From India, Pune
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PF balances can be retrieved if you show some interest. Help her fill in the forms and submit to the PF office. Why is your company acting so unconcerned? Today it is the engineer; tomorrow it could be somebody else. Lack of humanitarian concern, non-introduction of an employee insurance scheme speaks badly about the management.
From India, Pune
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Since the employee is deceased, his legal heir can claim the gratuity. It does not matter whether the company wants to pay or not. Moreover, it is also advisable to calculate other benefits if at all applicable to the deceased employee.
Check out my blog at www.labourlawhub.com
From India, Kolkata
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Check out my blog at www.labourlawhub.com
From India, Kolkata
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Refer to this: Compensation for death of employee during the course of employment- http://asklabourproblem.info/compensation-for-death-of-employee-due-to-heart-attack-robbery-or-snake-bite-2/
From India, Pune
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From India, Pune
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Dear member,
I am more than happy to see your involvement in supporting the family. This is the main function of an HR person: to take care of employee benefits in such hard times. I request you to, first of all, remove your name from the post and mark it as "Anonymous." Since you are working with the company, please take care of yourself as well.
You have not mentioned the origin state. If it is in Delhi NCR, you can share my contact number with the family. I used to go to Labour Offices for Labour Licence issues of my company. The experienced members have already described what benefits can be claimed from the company.
In EPF, the family can get insurance amount for the EDLI scheme. You can help the family by processing the Pension Documents so that they can get the pension as soon as possible (though it is a long and complex process with a lot of documentation and repeated follow-ups with PF Officials).
PAN SINGH DANGWAL
9560476777
From India, Delhi
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I am more than happy to see your involvement in supporting the family. This is the main function of an HR person: to take care of employee benefits in such hard times. I request you to, first of all, remove your name from the post and mark it as "Anonymous." Since you are working with the company, please take care of yourself as well.
You have not mentioned the origin state. If it is in Delhi NCR, you can share my contact number with the family. I used to go to Labour Offices for Labour Licence issues of my company. The experienced members have already described what benefits can be claimed from the company.
In EPF, the family can get insurance amount for the EDLI scheme. You can help the family by processing the Pension Documents so that they can get the pension as soon as possible (though it is a long and complex process with a lot of documentation and repeated follow-ups with PF Officials).
PAN SINGH DANGWAL
9560476777
From India, Delhi
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I really appreciate your attention regarding the friend's family. In case of their demise during duty hours, you can claim the workmen's compensation policy. As you mentioned, the employee has worked in your organization for 12 years, so he is entitled to gratuity. The rule for gratuity states that an employee must complete 4 years and 8 months if working 6 days a week. If your MD refuses to pay gratuity to the nominee, you can escalate the matter to the assistant labor commissioner or labor commissioner (a better option) with proper documentation such as previous salary slips, appointment orders, the last salary slip, and bank statements. By providing these documents and any other necessary paperwork, you can achieve success.
From India, Hyderabad
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From India, Hyderabad
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Pl. note that as per latest notification she can get Rs.six lac agst. EDLI claim from EPFO so u can do the needful.
From India, Bahadurgarh
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From India, Bahadurgarh
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Great work here.
Apart from all legal help, one more thing can be done. If your MD's attitude is similar towards other staff in case something like this happens to anyone, you can show them their place.
There was an ad on TV where a company owner removes a person diagnosed with HIV+ from the company, and in protest, all staff starts resigning, giving various reasons. Eventually, the owner understands his mistake.
I am doubtful if this is the correct URL for that ad: https://www.youtube.com/watch?v=kmXdkVkdB60. You can try something similar. Everyone could attempt to resign with one common message: "Your future doesn't seem secure in this company." This will make the news!
From India, Pune
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Apart from all legal help, one more thing can be done. If your MD's attitude is similar towards other staff in case something like this happens to anyone, you can show them their place.
There was an ad on TV where a company owner removes a person diagnosed with HIV+ from the company, and in protest, all staff starts resigning, giving various reasons. Eventually, the owner understands his mistake.
I am doubtful if this is the correct URL for that ad: https://www.youtube.com/watch?v=kmXdkVkdB60. You can try something similar. Everyone could attempt to resign with one common message: "Your future doesn't seem secure in this company." This will make the news!
From India, Pune
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The company has to pay all benefits as mentioned below:
1. Salary due amount.
2. Earned Leave Salary (for the leave due and accrued up to the date of death).
3. Gratuity for the service period (approximately 6 months' salary).
4. In PF, all PF amount. In EPS, pension for the entire period up to her death and for 2 children up to the age of majority.
5. In PF EDLI scheme, she will receive a lump sum amount of about 3.5 Lakhs as insurance.
Please send an advocate notice to management.
From India, Hyderabad
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1. Salary due amount.
2. Earned Leave Salary (for the leave due and accrued up to the date of death).
3. Gratuity for the service period (approximately 6 months' salary).
4. In PF, all PF amount. In EPS, pension for the entire period up to her death and for 2 children up to the age of majority.
5. In PF EDLI scheme, she will receive a lump sum amount of about 3.5 Lakhs as insurance.
Please send an advocate notice to management.
From India, Hyderabad
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Dear Queriest,
Please go through the link provided below and act accordingly. Mr. Korgaonkar has outlined the procedure for claiming gratuity, albeit in somewhat unclear terms.
[Link to the article](https://www.google.com/url?q=https://www.citehr.com/537653-gratuity-day-company-based.html&sa=U&ved=0ahUKEwirp4WOm PrMAhUBt48KHYqBAsMQFggOMAU&client=internal-uds-cse&usg=AFQjCNFGm2RqNTLJqx3j_D2iIdMPIEsZcw )
Kindly review the information provided in the link. Thank you.
From India, Mumbai
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Please go through the link provided below and act accordingly. Mr. Korgaonkar has outlined the procedure for claiming gratuity, albeit in somewhat unclear terms.
[Link to the article](https://www.google.com/url?q=https://www.citehr.com/537653-gratuity-day-company-based.html&sa=U&ved=0ahUKEwirp4WOm PrMAhUBt48KHYqBAsMQFggOMAU&client=internal-uds-cse&usg=AFQjCNFGm2RqNTLJqx3j_D2iIdMPIEsZcw )
Kindly review the information provided in the link. Thank you.
From India, Mumbai
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