Dear All,
I have been working in a FMGC company in HR deptt. Seeking your kind advice for corrective steps to be taken from our end to comply with statutory obligations regarding death of an employee.
He was covered under ESIC & was not on duty when the incident occured.
He left behind his dependent parents & spouse, who is pregnant. What are the benefits can we avail for them under ESIC scheme kindly let me know.
Waiting for your response pls...
From India, New Delhi
3I have been working in a FMGC company in HR deptt. Seeking your kind advice for corrective steps to be taken from our end to comply with statutory obligations regarding death of an employee.
He was covered under ESIC & was not on duty when the incident occured.
He left behind his dependent parents & spouse, who is pregnant. What are the benefits can we avail for them under ESIC scheme kindly let me know.
Waiting for your response pls...
From India, New Delhi
In case of death of an EPF member , the following forms are required to be submitted by the nominee / claimant with sub / Regional PF Commissioner Office.
1. Form No.20 (For Claiming EPF Contributions)
2.Form No.10-D ( For claiming benefits under Pension Scheme ,1995)
3.Form 5 IF ( For Claiming EDLI benefits under the EDLI Scheme)
4.Death Certificate issued by Panchayat / Registrar in original.
5.Photographs of Claimant(s) duly attested by employer.
6.Proof of date of birth of claimant for pension benefits.
7.Photographs of minors ( Max Two Minors) along with their birth certificates duly attested by employer.
8.Form 5/10 duly signed by employer.
9. Letter by employer declaring claimant as legal heir , if no nomination by member has already been made.
10.Form No.3A current years contribution by employee and employer.
In case of death ( Married Person) : Widow will get the entire contribution made by employee towards the EPF along with the employer's share of contribution with interest till the date of settlement.
She will also be entitled to EDLI ( Employees deposit Linked insurance ) benefits. This will be in shape of a lump sum amount.
She will be entitled to pension throughout life, to be calculated on the basis of last drawn salary by member.
Two children will also be entitled to Children pension under the Pension Scheme,1995.
In case of Unmarried person : Nominee ( father , Mother , Brother , Sister) will get the contributions paid by the EPF member.
Father / mother will get pension benefits under the Pension Scheme, if they are dependent on the member.
From India, Silvassa
1. Form No.20 (For Claiming EPF Contributions)
2.Form No.10-D ( For claiming benefits under Pension Scheme ,1995)
3.Form 5 IF ( For Claiming EDLI benefits under the EDLI Scheme)
4.Death Certificate issued by Panchayat / Registrar in original.
5.Photographs of Claimant(s) duly attested by employer.
6.Proof of date of birth of claimant for pension benefits.
7.Photographs of minors ( Max Two Minors) along with their birth certificates duly attested by employer.
8.Form 5/10 duly signed by employer.
9. Letter by employer declaring claimant as legal heir , if no nomination by member has already been made.
10.Form No.3A current years contribution by employee and employer.
In case of death ( Married Person) : Widow will get the entire contribution made by employee towards the EPF along with the employer's share of contribution with interest till the date of settlement.
She will also be entitled to EDLI ( Employees deposit Linked insurance ) benefits. This will be in shape of a lump sum amount.
She will be entitled to pension throughout life, to be calculated on the basis of last drawn salary by member.
Two children will also be entitled to Children pension under the Pension Scheme,1995.
In case of Unmarried person : Nominee ( father , Mother , Brother , Sister) will get the contributions paid by the EPF member.
Father / mother will get pension benefits under the Pension Scheme, if they are dependent on the member.
From India, Silvassa
Dear Manas
With reference to your query, i would like to state that as such the death of the Insured Person was not occurred out of and in the course of Employment, the family members of the deceased will not be eligible for monthly dependent benefit. There is a provision of Funeral benefit in case of death of an Insured Person/Insured Woman and now the amount of the FB is Rs. 10000/-. It could be claimed by the nominee of the deceased in the concern branch office of the deceased. The dependent of the deceased is required to fill up Form no 22 for claiming Funeral benefit and it should be attested by the Employer and will be accumulated with the death certificate of the deceased. If you are desirous of getting Form no 22, pls revert back for the same.
Regards
R B Yadav
Advocate
From India, Mumbai
With reference to your query, i would like to state that as such the death of the Insured Person was not occurred out of and in the course of Employment, the family members of the deceased will not be eligible for monthly dependent benefit. There is a provision of Funeral benefit in case of death of an Insured Person/Insured Woman and now the amount of the FB is Rs. 10000/-. It could be claimed by the nominee of the deceased in the concern branch office of the deceased. The dependent of the deceased is required to fill up Form no 22 for claiming Funeral benefit and it should be attested by the Employer and will be accumulated with the death certificate of the deceased. If you are desirous of getting Form no 22, pls revert back for the same.
Regards
R B Yadav
Advocate
From India, Mumbai
I agree with Mr. Yadav.........but it should be claimed by the eldest surviving family member.....They can claim at Branch Office, within 3 months of the death of IP. With regards
From India, Hyderabad
From India, Hyderabad
hello all.
ESI IS COVERED WHILE COMING TO DUTY AND AFTER LEAVING THE DUTY ALSO FOR A PERIOD UPTO 1 HOUR BEFORE AND AFTER THE DUTY TIMINGS AND THE PDB WILL BE GIVEN TO THE NOMINEE.
SO IT NEED NOT BE ON DUTY ONLY.
From India, Vijayawada
ESI IS COVERED WHILE COMING TO DUTY AND AFTER LEAVING THE DUTY ALSO FOR A PERIOD UPTO 1 HOUR BEFORE AND AFTER THE DUTY TIMINGS AND THE PDB WILL BE GIVEN TO THE NOMINEE.
SO IT NEED NOT BE ON DUTY ONLY.
From India, Vijayawada
U/s 51 E. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.
From India, Kota
From India, Kota
Dear Supreme,
No law says about upto 1 hour or after one hour.......only it says that nexus between the accident and his nature of job to be established.....
further I humble request is don't misguide the people............since PDB is given to an Insured Person who met with an accident and lost the earning capacity due to such employment injury.. So it is called as Permanent Disablement benefit......and this benefit is payable to the Insured Persons only NOT to any of their family members or Nominees.....
Another Benefit is DB (Dependent Benefit)..if Insured person dies due to employment injury....which will given to their dependents who comes under the Definition of Section 2(6A) of the ESI Act.......
With regards,
From India, Hyderabad
No law says about upto 1 hour or after one hour.......only it says that nexus between the accident and his nature of job to be established.....
further I humble request is don't misguide the people............since PDB is given to an Insured Person who met with an accident and lost the earning capacity due to such employment injury.. So it is called as Permanent Disablement benefit......and this benefit is payable to the Insured Persons only NOT to any of their family members or Nominees.....
Another Benefit is DB (Dependent Benefit)..if Insured person dies due to employment injury....which will given to their dependents who comes under the Definition of Section 2(6A) of the ESI Act.......
With regards,
From India, Hyderabad
Hello Mr syam sir,
iam sorry I JUST typed it as PDB instead of DB, SO NOTHING MISGUIDING IN IT. THE MAIN QUESTIONED WAS INCIDENT OCCURED WHEN HE WAS NOT ON DUTY, SO I WAS TRYING TO SAY NEED NOT BE EAXCTLY ON DUTY. CAN BE COMING TO OR GOING FROM THE DUTY PREMISES.
WITH REGARDS.
From India, Vijayawada
iam sorry I JUST typed it as PDB instead of DB, SO NOTHING MISGUIDING IN IT. THE MAIN QUESTIONED WAS INCIDENT OCCURED WHEN HE WAS NOT ON DUTY, SO I WAS TRYING TO SAY NEED NOT BE EAXCTLY ON DUTY. CAN BE COMING TO OR GOING FROM THE DUTY PREMISES.
WITH REGARDS.
From India, Vijayawada
Appreciate the answers given by the members for above mentioned query.
Would like to ask one similar question... What if the employee is covered under ESIC and while going back to home at evening, he meets with an accident and was also under the influence of wine/drink.. What type of benefits he would be entitled to under ESIC in such situation and what about in case of his death...
From India, Delhi
Would like to ask one similar question... What if the employee is covered under ESIC and while going back to home at evening, he meets with an accident and was also under the influence of wine/drink.. What type of benefits he would be entitled to under ESIC in such situation and what about in case of his death...
From India, Delhi
Vishal,
In case of death the DB will be payable even if under influence of drink. Logic is, the person is not present now to defend allegation. Also, for the mistake of the person who has died why to punish the family?
In this Manas has not given any details of the case. Only information he has given is death of employee and that when death occurred he was not on duty. This is not adeqauate information to give advice on.
From India, Coimbatore
In case of death the DB will be payable even if under influence of drink. Logic is, the person is not present now to defend allegation. Also, for the mistake of the person who has died why to punish the family?
In this Manas has not given any details of the case. Only information he has given is death of employee and that when death occurred he was not on duty. This is not adeqauate information to give advice on.
From India, Coimbatore
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