Dear Experts,

Please give me awareness about the payment of full and final in case of the death of an employee.

At the time of joining, the employer could not take any nomination from the employee. Now, the payment of gratuity, leave, and bonus is arising.

How can I proceed with the payment, and who is eligible for the same?

In the employees' family, there are five members: wife, two kids, and parents.

From India, Vadodara
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KK!HR
1655

In case of no nomination, the best course is to deposit the gratuity with the Authority under the PGA (the Labour Officer of the local area) with the details of family members. He is empowered to make the payment to the heirs.

Regarding other payments like bonus, leave encashment, any unpaid salary, etc., make payment to the PF nominee if available, or pay to the claimant if there is no dispute. The wife is the natural guardian of the children. If the parents are also staying together, make payment to the wife. Otherwise, ask them to create a joint account where you can pay and discharge your obligation.

From India, Mumbai
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Dear Sir,

If there is no nomination, get the request letter from his wife on behalf of all the legal heirs. You can make all the payments to his wife, but you should get the no objection from other legal heirs. Get the signature from all the legal heirs in full and final settlement papers.

Thanks

From India, undefined
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Ideally, you need to obtain a Legal Heirship certificate, which is issued by the Tahsildar of the jurisdiction. With this certificate, you can legally proceed with the payment as stated. The legal nominee ideally includes the first wife, children, and dependent parents if they are alive, in that order. This sequence helps to avoid any disputes. Ensure that the deceased individual did not have a second wife or any other potential heirs who could make claims. Legally, this certification will hold as it is issued by a certified authority after proper verification.
From India, Chennai
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