Who is the right beneficiary?

[j_avonni]

Somebody died in our premises due to an accident. We are giving financial assistance but to whom? The deceased was single but had a common-law-wife and a 7-year old kid. Prior to his death, they were still living together.

Shall we give the assistance to his mother or to his common-law-wife & kid?

[niky]

Better to the wife yata, at siyang bahala... but depends... Sino sino ang mga dependents? Dependent ba niya ang nanay?

[j_avonni]

Better to the wife yata, at siyang bahala... but depends... Sino sino ang mga dependents? Dependent ba niya ang nanay?

Please note she was not the legal wife. That's why the mother is claiming for the financial assistance.

[chieffy]

para mas sigurado gastusin nyo na lang sa pangangailangan ng bata...medyo may konting abala nga lang ito sa inyo pero siguradong makakarating sa dapat paroonan ang tulong niyo...

[CLAVEL3699]

sang ayon ako dun ka chieffy.

[empy]

child.

[squala]

If the mother depends on the guy who passed away, then she is also entitled to the financial support. But most of the money should go to the child's welfare.

[Karding]

Child

[johnart]

Child

[j_avonni]

Thanks for the replies. Eh, kung 50% mother - 50% child? What do you say?

[falken]

Thanks for the replies. Eh, kung 50% mother - 50% child? What do you say?

If the mother is also a dependent of the deceased, this would be the wiser choice, since marami ring needs ang mga matatanda.

[kiper]

sir j_avonni,

may insurance ba? kung meron, depende kung kaninong beneficiary nakapangalan.

kung wala naman.. dun sa bata dapat ibigay.. dahil hindi na rin naman kasal ang nanay dun sa namatay.

pero dahil bata pa.. ibigay na lang sa nanay para masmagamit na lang ng maayos. bigyan na lang ng close supervision ung nanay sakaling waldasin ang pera.. pero wag naman sana.

kayo po ba mismo ang nagbigigay ng financial assistance? kudos to you sir!

[maginoong_kalog]

palagay ko sa batas natin since sila kasal, the child is not under his name, not legally adopt, therefore, not entitle for any legal benefits. the child must be adopted legally first before the man himself.
legally sa mother or parents ang benefits pero sa konsensya syempre sa bata. dahil yon ang mas nangangailangan ng future care.

[111prez]

Somebody died in our premises due to an accident. We are giving financial assistance but to whom? The deceased was single but had a common-law-wife and a 7-year old kid. Prior to his death, they were still living together.

Shall we give the assistance to his mother or to his common-law-wife & kid?

let me help point you to the right direction in answering your query.

first of all, when you say premises, is this your household premises or work premises? this leads me to my next question. what is his employment status of the deceased with you? who is the employer of the deceased?

then, did you report this person to the SSS? under present law, even those who redering service for households are entitled to SSS coverage

i suggest that you check the provisions of the SSS/ECC law (their definition of beneficiary is the same) and use this to determine who is/are the beneficiaries

better to be legally sure rather than speculate. in the end, just follow the law

[Karding]

Yari ang mag-ina kung hindi nakalagay as a beneficiary. Kahit pa walang trabaho at hirap pag-aralin ang anak, walang matatanggap yan. Konsiderasyon na lang ng nanay ng namatay na bigyan ng pera ang live-in GF at anak.

[j_avonni]

let me help point you to the right direction in answering your query.

first of all, when you say premises, is this your household premises or work premises? this leads me to my next question. what is his employment status of the deceased with you? who is the employer of the deceased?

then, did you report this person to the SSS? under present law, even those who redering service for households are entitled to SSS coverage

i suggest that you check the provisions of the SSS/ECC law (their definition of beneficiary is the same) and use this to determine who is/are the beneficiaries

better to be legally sure rather than speculate. in the end, just follow the law

The incident happened in the company's leased premises. The victim was not our employee but an employee of our labor contractor. So, there was no employer-employee relationship between us and the victim.

His employer has already given the family financial assistance to defray the burial expenses.

We are still checking with his employer the beneficiaries he declared in SSS. We are also checking if he formally acknowledged his child in the birth certificate (the child uses the surname of his mother).

[Altis6453]

The incident happened in the company's leased premises. The victim was not our employee but an employee of our labor contractor. So, there was no employer-employee relationship between us and the victim.

His employer has already given the family financial assistance to defray the burial expenses.

We are still checking with his employer the beneficiaries he declared in SSS. We are also checking if he formally acknowledged his child in the birth certificate (the child uses the surname of his mother).

Labor contractor? Baka naman independent contractor, because labor-only contracting is prohibited. In the latter case, your company will be deemed as the employer of the deceased.

If this is an employee of a legitimate job contractor and your company is only giving financial assistance to the family of the deceased who is not your employee, it doesn't matter who the legal beneficiary is as long as you can identify one of his heirs. This is merely a humanitarian gesture on the part of the company.

[luckytruck]

sa bagong batas ngayon, kahit hindi kasal, a father can claim a child as his own and the child can carry the family name of the father.

i would give the money to the child, but i guess the mother of the child will still control the amount since bata pa ang anak?

andy

[j_avonni]

Labor contractor? Baka naman independent contractor, because labor-only contracting is prohibited. In the latter case, your company will be deemed as the employer of the deceased.

If this is an employee of a legitimate job contractor and your company is only giving financial assistance to the family of the deceased who is not your employee, it doesn't matter who the legal beneficiary is as long as you can identify one of his heirs. This is merely a humanitarian gesture on the part of the company.

It's independent contractor. Actually, we would give the assistance to the victim's mother since he was single. However, we learned about the live-in partner and his child. So, we have second thought of giving the money to the mother.

[111prez]

The incident happened in the company's leased premises. The victim was not our employee but an employee of our labor contractor. So, there was no employer-employee relationship between us and the victim.

His employer has already given the family financial assistance to defray the burial expenses.

We are still checking with his employer the beneficiaries he declared in SSS. We are also checking if he formally acknowledged his child in the birth certificate (the child uses the surname of his mother).

so, i take it that in this case, your desire to give financial assistance is not due to any legal obligation but rather due to your desire to be of help.

without sounding cold hearted about it, i suggest that you think hard about this. more often than not, when principals give some form of assistance to employees of contractors, it is used as evidence of labor only contracting and the heirs of the contractor's employees end up suing the principal and alleging that the said employee was really the employee of the principal. in short, the act of kindness boomerangs and hits you real hard

in addition, if this is the first time you are doing it, be aware that it may create some form of precedence for future incidents of a similar nature

your other consideration is: assuming that company funds will be used in giving this contribution/assistance, how are you going to book it in your company's book of accounts? make sure it is not booked in a manner that it may used as evidence against you in a possible labor only contracting labor suit

as to who you will give the money to, the minor child cannot receive money so it will still go to the guardian, i.e. the mother/common law wife. if you want to give the common law wife, then i understand that you have the mother of the deceased to contend with since from your feedback, they may not be in good terms. if the mother of the deceased and the common law wife are on good terms, then i dont think you will have any problem on deciding to whom you will give the money

the bottomline is that since there is no legal obligation on your part, it really depends on you to whom you will give the assistance.

one guide i would use is that if the deceased were still alive, to whom would he give his money? i would give that assistance to the same person/s

another option is do this as a form of voluntary contribution as part of some larger collection, i.e. like a collection hat being passed and by filipino tradition, this is given to the family that the deceased is living with at the moment or whoever is taking care of his funeral and wake arrangements