In filing House Bill 5558, Diwa party-list Rep. Emmeline Aglipay-Villar said families of employees who have gone missing for reasons related to work and under circumstances which makes his or her death likely, are left without any compensation.
She said this was in contrast to the State’s mandate of providing benefits to families of employees who died or were disabled while in the course of their duties or employment.
The proposed Missing Employees Compensation Act mandates the government to promote and develop a tax-exempt employees’ compensation program for dependents of employees who, in a situation where they are in danger of death due to a work-connected activity, go missing.
The bill seeks to ensure that dependents can secure adequate income benefit from the employees’ compensation program even before the missing employees are presumed dead under the law.
Guaranteed income
Under the measure, families of employees who have gone missing due to work-related causes shall receive a guaranteed monthly income benefit for five years.
The bill states that the following conditions must be present to be considered missing employees: their disappearance occurred during the performance of their work; their person or bodies have not been found; and they are not yet legally presumed dead under the Civil Code.
Furthermore, there must exist any of the following circumstances: an employee on board a vessel lost during a sea voyage, or an airplane which is missing; a person in the armed forces who has taken part in war; a person who has been in danger of death under other circumstances.
Subject to regulations the compensation commission may approve,the family of any missing employee shall, for each month until his or her death has been confirmed or legally presumed, be paid by the Social Security System (SSS) or Government Service Insurance System (GSIS) during such disability an amount equivalent to the monthly income benefit, plus 10 percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution.
Provision for families
The compensation shall be suspended if the missing employee’s body is found and identified, or the missing employee is legally presumed to be dead under the Civil Code.
Aglipay-Villar, a lawyer, said families of employees who have gone missing are left to deal with uncertainty as the fate of their loved ones remain up in the air.
“I believe that provisions must be made for the families of those who go missing in situation where they are in danger of death, due to work-connected activity, example miners and seafarers,” she said.
“Their situation is analogous to the families of those who suffer permanent total disappearance in the sense that they completely lose the income of the presumed deceased, but are not entitled to any death benefits,” the lawmaker added.
HB 5558 is now pending at the Committee on Labor and Employment chaired by Davao City Rep. Karlo Alexei Nograles. -NB, GMA News
