IN THE EVENT OF THE WORKER'S DEATH, ARE BOTH SEVERANCE AND DEATH BENEFITS PAID TO THE LEGAL HEIRS?

IN THE EVENT OF THE EMPLOYEE'S DEATH, ARE BOTH SEVERANCE PAY AND DEATH BENEFIT PAID TO THEIR LEGAL HEIRS?

There is no consensus in legal doctrine regarding whether severance pay and death benefit are to be paid together. In the event of the death of an employee with more than one year of service, only severance pay is paid to their legal heirs. However, if the deceased employee has less than one year of seniority, since the employer will have no obligation to pay severance, it is our opinion that the employer should pay a death benefit equal to one month's salary to the employee's spouse and minor children, or if they do not exist, to those whom the employee was supporting (TCO Art. 440).