Father in law died due to covid
2 years ago
Hello my father in law died due to covid as he was going to office regularly even in lockdown he worked in this company for 27 years and this is a crane providing company . He was not coverd in any pf gratutity scheme as he used to get salary in cash. So after his death my mother in law is left who do not have any source of income. So is compnay liable to pay any amount to family?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The company only pays gratuity and pf benefits to the employees are on the roll of the company. Therefore, the company will deny any claim of benefit as the father in law was given cash in hand.
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The company only pays gratuity and pf benefits to the employees are on the roll of the company. Therefore, the company will deny any claim of benefit as the father in law was given cash in hand.
If you like my answer, please rate me.
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A.Hi,
PF and Gratuity benefits are given to the employees who are in the company roll. Since, he received cash in hand the company is not legally bound to pay for any benefits. Still you can approach the company and seek their response.
If you like my answer, please rate me.
PF and Gratuity benefits are given to the employees who are in the company roll. Since, he received cash in hand the company is not legally bound to pay for any benefits. Still you can approach the company and seek their response.
If you like my answer, please rate me.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Company is not bound to give.
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Madhulika Bhatnagar
Responded 2 years ago
A.Since your father in law was not on roll i.e., getting salary on paper from the company, under law no legal obligation arises per say on the company as the company can easily show he was an independent worker.
Even for employees, the company is only liable to the extent of epf, gratuity, leave encashment, balance pay (if any) and other benefits as per policy. As an independent worker, your father in law will not be entitled to it.
However, if there was any written agreement for engagement between the company and your father in law, there might be some provisions in it. Otherwise, your mother in law can look at the government policies coming up regarding benefits for the kin of people who died of covid 19.
Even for employees, the company is only liable to the extent of epf, gratuity, leave encashment, balance pay (if any) and other benefits as per policy. As an independent worker, your father in law will not be entitled to it.
However, if there was any written agreement for engagement between the company and your father in law, there might be some provisions in it. Otherwise, your mother in law can look at the government policies coming up regarding benefits for the kin of people who died of covid 19.
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A.You should approach this company and seek some compensation plus gratuity for having worked for such a long period of time. See how the company is responding. Depending on that you need to take any legal action of required
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