Results 11 to 20 of 27
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August 25th, 2005 02:00 PM #11Originally Posted by j_avonni
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August 25th, 2005 06:50 PM #12
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!
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August 25th, 2005 07:43 PM #13palagay 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.
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August 26th, 2005 12:55 AM #14Originally Posted by j_avonni
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
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August 26th, 2005 01:19 AM #15
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.
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August 26th, 2005 08:13 AM #16Originally Posted by 111prez
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).
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August 26th, 2005 09:02 AM #17Originally Posted by 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.
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August 26th, 2005 09:16 AM #18sa 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
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August 26th, 2005 09:18 AM #19Originally Posted by Altis6453
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August 26th, 2005 10:39 AM #20Originally Posted by j_avonni
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
Hybrids and EV