Published by Department of Labor and Employment(DOLE) on March 11, 2021.
Requested from DOLE by J. Villaruel at 03:57 PM on
March 11, 2021.
Purpose: Legal Advice
Date of Coverage: 03/11/2021 - 03/11/2021
Tracking no: #DOLE-763865573735
J.VILLARUEL
March 11, 2021, 3:57 p.m.
Hi,
Art. 105 of the Labor Code provides:
“Art. 105. Direct payment of wages. Wages shall be paid directly to the workers to whom they are due, except:
xxx
b. Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons.
J.VILLARUEL
March 11, 2021, 4:02 p.m.
If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.”
What action must the employer take to course through the payment to the Secretary of Labor of Employment?
Moreoever, does Art. 105 distinguish bet. payment to a legitimate child and illegitimate child?
J.BARBOZA
March 15, 2021, 1:25 p.m.
March 15, 2021
Dear Joriel,
Thank you for your request dated Mar 11, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Payment of Retirement Benefits to Heir of deceased employee.
We received your request on Mar 11, 2021 and will respond on or before Apr 01, 2021 03:57:11 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at http://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzYzODY1NTczNzM1DA, for request with ticket number #DOLE-763865573735.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
March 15, 2021, 2:41 p.m.
March 15, 2021
Dear Joriel Villaruel,
Greetings!
Thank you for your request dated Mar 11, 2021 03:57:11 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You want to be guided on the provisions of Article 105 of LCP as renumbered. Direct payment of wages. You want to be clarified on the payment of wages to heirs.
The representative of the Secretary of Labor and Employment shall only act as a conduit in the payment of the amount to be paid among the heirs. Prior to the meeting with the DOLE representative, the heirs must execute an affidavit of extrajudicial settlement among the heirs. If none, they should first agree to use the rule of succession. it shall also apply to the benefit due to the illegitimate child which was set by law to be 1/2 of the benefit for a legitimate child.
We hope that we have addressed your concerns.
Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
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