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Family members' entitlement to SSS death benefits

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Documentalist65

Documentalist65
Arresto Menor

Hello, I would appreciate your advice on this matter:

The husband of our household helper, who was a construction worker here in Metro Manila, was gravely injured when a pile of bricks and other construction materials fell on him at work. He died from internal injuries not long after. But while at the hospital, the employer (the construction company owner) told the wife (our household help) that as compensation, they will shoulder the education expenses of her three children who are living in their province. In the end, however, he cut off communications with her and she found out later that the her husband's SSS application (who worked with the company for a year) was not submitted by the employer. That's why she could not even get any death benefits. She claims that her husband, when he was still alive, thought all along that he was an SSS member. According to the SSS website (sss.gov.ph), "an employee is still entitled to SS benefits even if the employer fails or refuses to remit the SSS contributions." As for the employer, it says:

"An employer who does not report temporary or provisional employees is violating the SS law. The employer is liable to the employees and must:
pay the benefits of those who die, become disabled , get sick or reach retirement age;
pay all unpaid contributions plus a penalty of three percent per month; and
be held liable for a criminal offense punishable by fine and/or imprisonment." (Source: FAQs of sss.gov.ph)

Documentalist65

Documentalist65
Arresto Menor

And may I add that the household worker of this employer sent the widow a text message to say that the employer's wife will help her. On the other hand, she (the widow) must not let anyone know about this proposed internal arrangement.

Documentalist65

Documentalist65
Arresto Menor

In the end, no help was provided, other than the hospital and burial expenses of the deceased employee.

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