Local Authorities To Be Informed In Case Of Employee Death

Hi All
I have recently joined as an HR Executive at a Foreign Pharma company at Goa. My boss has asked me to find out what are the procedures to be followed in case of Employee Death.
He wants me prepare a flow chart of:
1) Who are the local authorities to be informed?( Eg:ESIC, Chief Inspector of Factories)
2) By when should they be informed?
3) What are the forms to be filled?Form Numbers?
If any one out there could assist me or let me know from where exactly I could get this info...I would be very grateful.

He wants me prepare a flow chart of:
1) Who are the local authorities to be informed?( Eg:ESIC, Chief Inspector of Factories) - If in couse of employment & out of employment then
1) Owner / HoD of company--> Factories' Inspector--> Police Station--> ESIC( For Death Benefit ) --> Office, PF Office ( For Death Benefit ) -->Gratity Office-->,Nearest Hospital ( Government Recognized preferred ).
2) By when should they be informed - For police office immediately, for factories office within 24 hours from the time of death.
3) What are the forms to be filled?Form Numbers? - For death PF benefit 5(IF) for death benefit.

Dear maryann1591

I welcome you to CiteHR.com.

With reference to your query, you need to do some more research.

Death is a serious matter and it should be handled with great care and concern. It is the most difficult and painful matter for an HR person and the management.

Considering that we are discussing death of an employee arising out of and in the course of employment, the concern of the management should be reflected in all the related activities; (not only in just informing the concerned authorities); some of which are as given below :

• In case the employee is injured, he needs to be rushed to the nearest emergency medical centre/hospital. It is advisable to do so, even if it "appears" that the employee has died; because
  • an injured person may be unconscious or in coma and can be revived;
    
  • only a registered medical practitioner is authorized to 'certify' death;
    
  • if the employee is dead or dies on the way the doctors will certify "brought dead".
    
• In case a 'dead body' is found within the factory/plant premises, it is advisable not to move or remove the body, till the police arrives on the scene.
  
• HR should pro-actively co-operate with the authorities while preparing the 'panchnama' (a.k.a. mahazar in southern India), conduct of 'post-mortem', handing over the dead body to the next of the kin, funeral process etc.
  
• Apart from the Police, the labour authorities that needs to be informed immediately are the Inspector Of Factories/Asstt. Labour Cmmissioner in Form 34 along with Medical Report/Certificate.
  
• On the basis of Medical report of Death; Death Certificate should be obtained on priority.
  
• Subsequently, an Struck-off Order should be immediately issued by the Management to enable payment of Final settlement, including gratuity. A sample of the text of the Struck-off order is as below :
  
  • "The management deeply regrets the sad demise of Mr. (name) on (date); due to (this is optional).
    
  • Accordingly, his name shall cease to exist in the rolls w.e.f. (date)
    
  • The management conveys its heartfelt sympathies and condolence to the bereaved family .... ...... strength to bear this loss.(about bereavement and condolence to family etc.)"
    
• Kindly note that gratuity is payable in case of death, without the eligibility criteria of completion of five years.
  
• If the management is a good employer, it may offer employment to the next of his kin, based upon the person's qualification (although there is no legal compulsion to do this).
  
• Relevant forms to be filled up and attached with the struck-off order for ESIC, EPF, FPS claims.
  
• For your information, I am quoting the relevant para of the Factories Act 1948:Section 88 - Notice of certain accidents.
  
  (1) Where in any factory an accident occurs which causes death, or which cause any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such from and within such time, as may be prescribed.
  
  (2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period.
  
  (3) The State Government may make rules for regulating the procedure at inquiries under this Section.
  

Irrespective of the Management's inclinations, it is the moral duty of the HR professional to help the family of the deceased employee in facing and overcoming such calamities.

A personal note :

I was lucky to work under a boss who would exhort me to do more by saying "it is not sufficient" to anything done by me; and would ask me to be reflective, "Imagine if such a thing happened to you."

I hope you"ll find the above useful.

Warm regards.

Very nice answer, really informative to one and all. Expecting this type answers for all the questions from cite hr seniors. Thank you Mr. Raj Kumar.
Regards,
Rajendra Prasad

Thank you Mr. Raj Kumar sir, Your suggestion quite relevant and as per law.Providing such type of answer definitely help other Hr personal.
Regards,
R K Panda

Mr.Maryann,
All the above answers are well elaborated. But above all the very primary requisite is obtaining a death certificate from the local authority concerned i.e, local municipality or gram panchayati , if a village. Initially after issuing the certificate the doctor, will send the details to local authority, which is mandatory and the authority has to register the death after verification within 21 days. If it is not done, you can apply in the prescribed form on payment of a nominal fee to the local authority, and they will give the "death certificate" in the prescribed form. On getting this certificate only, all the benefits such as ESI, PF, GRATUITY AND ANY OTHER BENEFITS CAN BE SANCTIONED. Further this certificate only can be used as valid one for that family for other purposes like house transactions, bank accounts etc.

Dear All,
Along with all above, you should inform the Local ESI Office immediately, and we can avail Rs. 5000/- towards the funeral Expenses for the deceased Employee. It will also be beneficial for his family.
Regards,
SIDMAN

In case of death of a workman (Labour) it is very important to inform Commissioner under Workmens Compensation and deposition of due amount with the same authority within month. Also help concern next of the kin to apply & get this amount