If the loss of a relative is painful, it is worse to continue in that situation and carry out procedures. But they are necessary when there is an item that can help the family to face this scenario. Or, in turn, it can be unfavorable, in the case of debts.

So before a family member does any paperwork, there is an important thing analyze how the financial situation of the deceased remains in his work environment.

The employment lawyer Vanessa Velásquez explains that when a the dependent worker diesit is necessary to perform effective possession of assets for access to liquidation.

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This effective property has an average value of $230 and is carried out in the notaries public of the state attaches a record signed by a lawyer, in which it is determined who are the heirs of the deceased person. For example, wife, children or parents.

With this document, the family will be able to access the settlement it consists of the proportional value of the thirteenth and fourth salary, profit and reserve fundswhich the worker charged month after month.

“He does not even have the right to eviction because it applies when there is a famous dismissal or when the worker asks for eviction, so unfortunately, when the death of the worker occurs, the eviction is not generated, and on top of that, he receives such a low compensation,” asks Velásquez.

In the amendment of Article 185 of the Labor Justice Act on expatriation benefits, this payment is mentioned in different situations, for example when the employment relationship ends by agreement between the parties, but not in the case of death.

If the family does not submit the real estate to the company where the deceased worked, the company processes and submits this settlement to the Ministry of Labor. However, heirs or beneficiaries can carry out this procedure with the state portfolio and require proof of actual ownership of the property.

The value will depend on when the worker dies. For example, if this happens on the very day you collect the reserve funds, obviously that portion will not be reversed. If weeks have passed before this payment, it is proportional. And so it happens with tens and overheads. In the latter, when companies generate it, since there are companies that declare bankruptcy.

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According to him According to Article 169 of the Labor Law, one of the causes for contract termination is death. In February, 144 accounts were recorded for this reason, and in January 167. In 2022, there were 2,129 workers, and in 2021, 2,949 records.

“It does not create any additional bonus to social benefits,” he points out labor lawyer Lenin Duquewhich advises before implementing the real possession of the property, to know if the deceased had debts because they were also inherited.

“It must be taken into account by the person who has an interest in collecting the settlement,” says Duque, adding that these debts can be loans requested from the company and other external ones, such as credit cards, that do not have credit life insurance.

So, if the loan debt requested in the company is greater than that liquidation (tithes, reserves and profits), Duque suggests reject that heritage. This procedure is also performed before a notary public and must be a public document. With its execution, the renouncer loses all rights to the inherited thing and is released from the obligations arising from the estate of the deceased.

The situation for a family member is painful, but it is necessary to know what the situation is in order to avoid “surprises”, labor experts note.

What if the deceased worker accumulated reserve funds?

In this type of case, according to Velásquez and Duque, it is a procedure carried out with the Ecuadorian Social Security Institute (IESS).

According to the document provided by IESS, the process is as follows:

More steps:

Requirements for the procedure: