Dear Gannahope Sir,
I respect your feelings. But I feel we are here to discuss the law and not to discuss the practices or what should be the law.
Infact, I had decided not to contribute any more here but since I received a private message on my wall by the poster, I changed my mind. The poster stated that the deceased has minor children. How many, that is not written.
The questions here are:
1. What are the dues payable by the employer in this case?; and
2. Whether the window of deceased who is now re-married, is entitled to get this dues?
According to me, following are the legal dues payable by the employer.
1. The unpaid salary and other payments, if any including leave encashment;
2. Payment of bonus, if payable per the Act or as per the practice without any discrimination; and
3. Payment of Gratuity.
This payment is to be made to the nominee of deceased in record.
In absence of nominee, the employer can choose to pay this dues to any of the member of his family or ask the members of submit a succession certificate from court. The court, while granting succession certificate will take care of the minor children of deceased.
It is advisable by the HR person in the interest of employer to ask for succession certificate. There is no guarantee in every case that in future no issue will crop up in regards to this payment. I have seen and handled this kind of issues. And in given case, today the widow of deceased is ready to give in writing to the company that she has no claim over the dues of her deceased husband but in future if she change her mind then what? Can the shelter of the letter by the widow will help legally?
There are other dues payable by EPFO as under:
1. EPF accumulation in the account of deceased and Insurance Fund (if applicable) to the nominee(s) as per Form 2. If Form 2 is not obtained then EPFO will settle the dues as per succession certificate only. If the deceased has not changed is nomination in Form 2 after his marriage then as per the ruling of Supreme Court, his widow is eligible to get EPF dues. But in given case, the widow is married now and therefore she will not be paid the PF dues by EPFO in my view and the EPFO will definitely ask for succession certificate.
2. EPS widow pension is payable to the widow only. Since the window is now married she is not entitled to pension as per the law. However, the minor children of deceased subject to max two are eligible for monthly pension.
In my view, nominee is the receiver of the money or the benefit and he is not getting the ownership or legal heirship. On receipt of the money or the benefit by the nominee, disbursement has to be made as per the succession law, in case there is in issue on it by any of the family members.
From India, Mumbai
2556I respect your feelings. But I feel we are here to discuss the law and not to discuss the practices or what should be the law.
Infact, I had decided not to contribute any more here but since I received a private message on my wall by the poster, I changed my mind. The poster stated that the deceased has minor children. How many, that is not written.
The questions here are:
1. What are the dues payable by the employer in this case?; and
2. Whether the window of deceased who is now re-married, is entitled to get this dues?
According to me, following are the legal dues payable by the employer.
1. The unpaid salary and other payments, if any including leave encashment;
2. Payment of bonus, if payable per the Act or as per the practice without any discrimination; and
3. Payment of Gratuity.
This payment is to be made to the nominee of deceased in record.
In absence of nominee, the employer can choose to pay this dues to any of the member of his family or ask the members of submit a succession certificate from court. The court, while granting succession certificate will take care of the minor children of deceased.
It is advisable by the HR person in the interest of employer to ask for succession certificate. There is no guarantee in every case that in future no issue will crop up in regards to this payment. I have seen and handled this kind of issues. And in given case, today the widow of deceased is ready to give in writing to the company that she has no claim over the dues of her deceased husband but in future if she change her mind then what? Can the shelter of the letter by the widow will help legally?
There are other dues payable by EPFO as under:
1. EPF accumulation in the account of deceased and Insurance Fund (if applicable) to the nominee(s) as per Form 2. If Form 2 is not obtained then EPFO will settle the dues as per succession certificate only. If the deceased has not changed is nomination in Form 2 after his marriage then as per the ruling of Supreme Court, his widow is eligible to get EPF dues. But in given case, the widow is married now and therefore she will not be paid the PF dues by EPFO in my view and the EPFO will definitely ask for succession certificate.
2. EPS widow pension is payable to the widow only. Since the window is now married she is not entitled to pension as per the law. However, the minor children of deceased subject to max two are eligible for monthly pension.
In my view, nominee is the receiver of the money or the benefit and he is not getting the ownership or legal heirship. On receipt of the money or the benefit by the nominee, disbursement has to be made as per the succession law, in case there is in issue on it by any of the family members.
From India, Mumbai
Oh my god...plenty of questions in your mind for a simple issue..
All laws started among practice only
I am sorry u r still in a mood to drag on payment of his salary bonus insurance etc. Dues...
You don't want to see any solutions to ur lame excuses arising plenty minute by minute... Consult your company lawyer or even internet google for getting plenty of uniformed answers.
Pls go through w.c act ..example cases.
There is no question of getting succession from the public court of Law.Only Revenue tahsildar's issued family member certificate is enough...Pls Don't invite troubles by asking the bereaved family members to for succesion certificate from court of law only
Moreover for EPF withdrawals and Esi pension issues ...that are the works of those Dept's. Not the company.
You just submit all the already earlier received information at the time of joining or at the time of opening EPF Esi accounts by the deceased.. OK
Nothing more than to clarify you sir .pls
From India, Nellore
All laws started among practice only
I am sorry u r still in a mood to drag on payment of his salary bonus insurance etc. Dues...
You don't want to see any solutions to ur lame excuses arising plenty minute by minute... Consult your company lawyer or even internet google for getting plenty of uniformed answers.
Pls go through w.c act ..example cases.
There is no question of getting succession from the public court of Law.Only Revenue tahsildar's issued family member certificate is enough...Pls Don't invite troubles by asking the bereaved family members to for succesion certificate from court of law only
Moreover for EPF withdrawals and Esi pension issues ...that are the works of those Dept's. Not the company.
You just submit all the already earlier received information at the time of joining or at the time of opening EPF Esi accounts by the deceased.. OK
Nothing more than to clarify you sir .pls
From India, Nellore
Sir, you are absolutely right in all respect. You are right in bringing WC Act also in given case. You are an authority. You are Asst. Labour Commissioner.
I have decided not to irritate any more on this platform. You take care of this platform. This platform is now belongs to you sir. I am permanently logging out from here before somebody like you sue me.
From India, Mumbai
I have decided not to irritate any more on this platform. You take care of this platform. This platform is now belongs to you sir. I am permanently logging out from here before somebody like you sue me.
From India, Mumbai
Dear Mr KA Korgaonkar,
There is no need to leave the forum as such. Your contributions were valuable and these were acknowledged explicitly by the other members. The objectionable sentences have been deleted from other member's post. I doubt these were addressed to you at all.
Thanks and regards,
Dinesh Divekar
From India, Bangalore
There is no need to leave the forum as such. Your contributions were valuable and these were acknowledged explicitly by the other members. The objectionable sentences have been deleted from other member's post. I doubt these were addressed to you at all.
Thanks and regards,
Dinesh Divekar
From India, Bangalore
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