What benefits are received if a worker dies not due to a work accident?
(Baonghean.vn) - Ms. Q's brother, Mr. Tran Van C (48 years old), passed away after a period of treatment. Before his death, he was an employee of Construction Joint Stock Company X located in Nghe An province. Ms. Q asked: In this case, what is the company's responsibility when Mr. C dies? And is Mr. C entitled to any benefits?
Reply:
Pursuant to Article 34 of the 2019 Labor Code, which stipulates cases of termination of labor contracts, in case Mr. C dies, the labor contract between X Construction Joint Stock Company and Mr. C will automatically terminate.
Article 48 of the 2019 Labor Code stipulates that the employer, Company X, is responsible for fully paying all amounts related to the rights of each party, which is the salary that Mr. C has not received and returning the book.social insurancealong with other documents that the company has kept from the employee for a period of 14 working days, not exceeding 30 days.
In this case, the company can pay the salary and return the social insurance book and other documents to Mr. C through the representative of the heirs when there is a written authorization between the people in the first order of inheritance. The first order of inheritance is determined to be Mr. C's wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children and adopted children.
In addition, the company must also pay severance pay to employees, each year of work is subsidized by half a month's salary. The working time to calculate severance pay is the total time the employee actually worked for the employer minus the time the employee participated in unemployment insurance according to the provisions of the Law on Social Insurance, and the working time for which the employer paid severance pay. The salary to calculate severance pay is the average salary according to the labor contract of the 6 consecutive months before the employee quits the job.
In addition, in case Mr. C is sick or ill, in addition to allowing Mr. C to take time off for medical treatment and receiving sick pay from the social insurance agency, when Mr. C passes away, the person in charge of the funeral will receive a funeral allowance equal to 10 times the basic salary for the deceased employee in case Mr. C has paid compulsory social insurance for 12 months or more, or has a total social insurance payment period of 60 months or more.
In addition, Mr. C's relatives will receive monthly or one-time death benefits. The period for calculating death benefits is the total period of social insurance contributions. If one of the cases specified in Clause 1, Article 67 of the Law on Social Insurance 2014 is met, the monthly death benefit for each relative is equal to 50% of the basic salary (currently the basic salary is 1,490,000 VND/month); in case the relative does not have a direct caregiver, the monthly death benefit is equal to 70% of the basic salary according to Article 68 of the Law on Social Insurance 2014.
If one of the conditions specified in Clause 1, Article 69 of the Law on Social Insurance 2014 is met, the one-time death benefit level will be according to Article 70 of this Law. For monthly death benefits and one-time death benefits, relatives will only be entitled to one of the two types of benefits above, depending on the conditions met for each type of benefit./.
