In case of the death of an employee while working in the office, what kind of benefits does a company provide to the employee's family? Additionally, what policies are developed by HR regarding the death of an employee that are mandatory under the Companies Act?
Please let me know if you need any further assistance or information on this matter.
From India, Meerut
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1Please let me know if you need any further assistance or information on this matter.
From India, Meerut
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Dear Rajesh,
You have not mentioned whether the death was due to natural causes or an accident arising out of and in the course of employment. Furthermore, you have not provided information about the labor laws applicable to your establishment. Please review the Companies Act. Update your knowledge before formulating any policies.
For deaths that occur while in service, the following benefits are payable:
1. Gratuity under The Payment of Gratuity Act
2. EPF - if the employee is covered under EPF
3. EPS - pension to the spouse and children under EPS, 1995
4. EDLI Benefits - to the nominee under EDLI
5. ESI - funeral benefits to the family under the ESI Act, 1948
Please ensure you consider these factors when formulating any policies related to employee benefits.
Thank you.
From India, New Delhi
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You have not mentioned whether the death was due to natural causes or an accident arising out of and in the course of employment. Furthermore, you have not provided information about the labor laws applicable to your establishment. Please review the Companies Act. Update your knowledge before formulating any policies.
For deaths that occur while in service, the following benefits are payable:
1. Gratuity under The Payment of Gratuity Act
2. EPF - if the employee is covered under EPF
3. EPS - pension to the spouse and children under EPS, 1995
4. EDLI Benefits - to the nominee under EDLI
5. ESI - funeral benefits to the family under the ESI Act, 1948
Please ensure you consider these factors when formulating any policies related to employee benefits.
Thank you.
From India, New Delhi
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Companies Act is not dealing with compensation to employees for accidents. It comes under Employees Compensation Act or ESI Act.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hi RAJESH KOUL,
Though you have not provided sufficient information like the cause of death, duration of employment, etc., still the best answer would be based on my guess that your company is meeting all the compliances. The nominees of the deceased employee are entitled to a pension from the provident fund department, including the children below 18 years until they meet this age criteria. Claiming the provident fund by the nominee can be done, and funeral expenses of the deceased employee can be covered by ESI.
If the death occurred at work, then the company has to pay compensation as per the Workmen Compensation Act 1923. The amount of compensation to be paid depends on the nature of the injury, the average monthly wages, and the age of the workmen. This amount would be decided by the assistant labor commissioner of your area. I hope you have taken a Workers' Compensation policy and informed the labor department about the death.
From India, New Delhi
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Though you have not provided sufficient information like the cause of death, duration of employment, etc., still the best answer would be based on my guess that your company is meeting all the compliances. The nominees of the deceased employee are entitled to a pension from the provident fund department, including the children below 18 years until they meet this age criteria. Claiming the provident fund by the nominee can be done, and funeral expenses of the deceased employee can be covered by ESI.
If the death occurred at work, then the company has to pay compensation as per the Workmen Compensation Act 1923. The amount of compensation to be paid depends on the nature of the injury, the average monthly wages, and the age of the workmen. This amount would be decided by the assistant labor commissioner of your area. I hope you have taken a Workers' Compensation policy and informed the labor department about the death.
From India, New Delhi
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