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Sakshi Mishra   15 May 2018

after employee's death what help private company should give to his family?

Hello sir
My query is regarding the help which company should give to employee's family after his death? My father expired on 22 Nov 2017, he was working in a pvt firm from last 26-27 yrs. He was an accountant but he used handle all their legal works related to company, related to their property, etc. After his death company denied to give any support to us. On the name of help they just gave my brother's school fees 2 installment.

When my father was alive they promised to give medicine shop to my father in their hospital even after his death they said this to us too but now they are dening on this too.

Please guide me what should I do?


 6 Replies

corruption place (hindustan)   15 May 2018

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Myrtlnes   29 July 2021

Many people do not know that if an employee of a private company dies, the company is required to provide a death benefit. A death benefit can be anything from paying the family's medical bills to providing financial support for funeral costs and more proessaywriting reviews. The specifics depend on what type of plan was offered by the employer at the time of hire. If you are unsure what your current or former employer offers, you should contact them with any questions prior to reading this blog post!

David   28 September 2021

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Vasudevan Viswanathan   28 September 2021

PLEASE WRITE TO THE CEO/MANAGING DIRECTOR OF THE COMPANY, CLAIMING ALL STATUTORY BENEFITS AS APPLICABLE AND COPY TO THE LOCAL LABOUR COMMISSIONER'S OFFICE

Sudhir Kumar, Advocate (Advocate)     20 November 2021

1.He is entitled to pension if the comp[any was depositing PF dues with EPFO. In case they were not depositing and having 20 employees (including daly wagers/contract / outsourced etc) they are bound of pay the PF dues to EPFO now (both employee & employer share).  You can file a written complaint with Regional PF Commissioner with request to initiate proceedings under section 7A  of EPF(MP) Act 1952.  Labour Commisssioner has no role in this.

2. In case they have not paid graruity then file complaint with labour deptt.

3. The promise of medicine shop. If it is oral it has no velue and not claimable under any Act..  If it is in writing still it is not enforecebale as the promising medical shop to non-parma graduate is per-se illegal.

Megha   16 January 2022

Hi,

As per the labour laws prevalent in India, you will be entitled to the following upon the employee's death 

1. Employee State Insurance (ESI), if he was eligible to contribute for the same

2. Compensation under Employees CompensationAct, 1923 if the employee cotracted any injuries/ occupational disease during the course of employment.  

3. Employees Provident Fund (EPF) - a nominee can make full claim of the amount in the EPF account by submitting a Composite Claim form 

4. Employee Pension Scheme (EPS) - the spouse/ children under 25 years of age will be entitled to receive the pension.  

5. Employees Deposit-Linked Insurance (EDLI) - An amount from 2.5 lakhs to 7 lakhs can be claimed under this scheme and all EPF members are eligible for the same.

6. Gratuity - Gratuity will be available to the legal heirs/ nominess even if the employee deceased employee hasn't fulfilled the statutory requirement of 5 years of continuous service.

Best regards,
Megha


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