Dear All,
I am working as a HR professional with an urban development company. Recently one of the employee from my company has passed away due an accident. His family members had called for his outstnading dues that time we came to know that he committed suiside due to some family issues. His wife and mother both are claming the money as nominee. We have requested both of them to take the money 50-50 but none of them is ready for this and they are blaming each other for his death. Officially we can not do anything in his family matter but not his mother is also old age and wife also has all rights to cliam for her husbands money. Can anyone please suggest me that legally what is the procedure to be done where both the parties shall get the amount 50-50 and if not then whi should actually get the money. This employee has shown his father as nominee in his bank account but his father passed away two years back and he did not changed the nominee details.
Please suggest what can be done legally by the company in such case.
From India, Mumbai
10I am working as a HR professional with an urban development company. Recently one of the employee from my company has passed away due an accident. His family members had called for his outstnading dues that time we came to know that he committed suiside due to some family issues. His wife and mother both are claming the money as nominee. We have requested both of them to take the money 50-50 but none of them is ready for this and they are blaming each other for his death. Officially we can not do anything in his family matter but not his mother is also old age and wife also has all rights to cliam for her husbands money. Can anyone please suggest me that legally what is the procedure to be done where both the parties shall get the amount 50-50 and if not then whi should actually get the money. This employee has shown his father as nominee in his bank account but his father passed away two years back and he did not changed the nominee details.
Please suggest what can be done legally by the company in such case.
From India, Mumbai
The company has to make out of list of dues and amounts to be paid.
Bank a/c of deceased employee is not in HR or company purview anyway.
Bank will ask for succession certificate as both mother and wife are at loggerheads.
EPF will go as per nomination and if the fight over EPF dues comes up again succession certificate will be needed.
Company can keep educating their employees to update their nomination as and when important changes take place.
Disputes do happen if nominees fight and one way to avoid delay in release of death benefits is by having up dated nominations always.
bank a/c should always be joint with E or S mode of operation.
From India, Pune
Bank a/c of deceased employee is not in HR or company purview anyway.
Bank will ask for succession certificate as both mother and wife are at loggerheads.
EPF will go as per nomination and if the fight over EPF dues comes up again succession certificate will be needed.
Company can keep educating their employees to update their nomination as and when important changes take place.
Disputes do happen if nominees fight and one way to avoid delay in release of death benefits is by having up dated nominations always.
bank a/c should always be joint with E or S mode of operation.
From India, Pune
Gratuity if payable should be handed over to the labour commissioners office (or the authority under gratuity act) and all details should be given to him so he will decide whom the money will go to. That you you will not be labile in court.
You can also take help of authority under payment of wages act for deciding who gets money
The other option is TP keep the money aside and ask for succession certificate
From India, Mumbai
You can also take help of authority under payment of wages act for deciding who gets money
The other option is TP keep the money aside and ask for succession certificate
From India, Mumbai
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Payments not to be treated as wages under esi.doc