A deceased employee leaving behind him his parents and second wife [First marriage was legally dissolved]; The second marriage solomnised was not properly recorded by the deceased. however, the second wife is now desirous of having an another wedlock. In this circumstances, the parents of the deceased made claims for settlement of terminal benefits of their son. No nomination to that effect was placed by the deceased. In this circumstance, please help me as to how I should advice the Management to settle the terminal benefits of the deceased employee. Can I ask them (the parents)to obtain Succession Certificate issued by the competent court of law.
From India, Mumbai
25From India, Mumbai
Hi,
It is obligatory on the employer to get the nominations made by the employee for the terminal benefits (especially, PF, ESI, Gratuity and Earned Leave encashment etc). The same need to be acknowledged as well by handing over the copies to the employee.
Kindly ensure
a) The nomination if any had been made in the name of first wife is cancelled.
b) The II wife indicates in writing, in due legal format, that she has no claims on the terminal benefits since she has plans for another marriage.
c) It is required that the parents will get a proper declaration from the court of law considering them as legal heirs.
d) Also check if the diseased employee has no children from his first and second marriage, as irrespsective of the dissolution of marriage, the children will be natural legal heirs.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
It is obligatory on the employer to get the nominations made by the employee for the terminal benefits (especially, PF, ESI, Gratuity and Earned Leave encashment etc). The same need to be acknowledged as well by handing over the copies to the employee.
Kindly ensure
a) The nomination if any had been made in the name of first wife is cancelled.
b) The II wife indicates in writing, in due legal format, that she has no claims on the terminal benefits since she has plans for another marriage.
c) It is required that the parents will get a proper declaration from the court of law considering them as legal heirs.
d) Also check if the diseased employee has no children from his first and second marriage, as irrespsective of the dissolution of marriage, the children will be natural legal heirs.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
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Legal heirs and not nominee alone entitled to terminal benefits - Madras HC 8.9.2016.pdf
Flexi Benefits Plan.doc