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Ajay P (Self)     10 June 2011

Demise of an employee,process ?

Hi.

 

One of our employees passed away in an accident and we were informed by his family.As we are a start up, need to know..

1. The hr processes that has to be followed after the demise of resource.

2. Is there any legal document to be asked from the family of the resource ? like death certificate or whatsoever.

3. What shall we do for the payment due to the resource ?

4. As the resource has signed a bond to serve the org for 1 year, and he completed just 6 months, will that bond be invalid now or the due should be recovered from his family by serving legal notice ? Just wanted to know all the legal options applicable to this case.

5. In case his family asks for PF withdrawal, shall we process the request  ?



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     11 June 2011

The bond in any case is void and not valid. Evern other wise the so called bond being for personal services, the employees family/heirs will not be liable under the bond. Please ask for the death certificatie and check the nomination for pf, payment of wages etc., and pay the dues to the nominee. In case there is no nominee, the legal heirs of the deceased may be paid the dues on proof of heirship, declaration or affidavit.

vasudevan

Niranjan (hr)     13 June 2011

Firstly we have to display compassion and the employer has to support the family in ways possible. Its important not to look at this as a cost because it generates a lot of good will.

Bond is not legal and in any case its unwise to talk about it after the person died tragically.

The things that needs to be done are

Someone shoudl visit the family to represent the organisation

Check and inform the family of all benefits applicable including accident policy (or death benefit of mediclaim / statutory social security )

Get details of the legal heir - from documents submitted. In the absence of nominations, get legal heir certificate from family.

Prepare a full and final settlement and pay it to the nominee / heir.

Process settlement of PF / ESI claims

Consider payment of exgratia to the family.


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