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SEPTEMBER 13. 2019
Labor Court of Appeals of Asuncion grants compensation to heirs of deceased worker during the transport of security

The Second Chamber of the Labor Court of Appeals of Asunción issued a decision admitting the claim for loss of earnings of the heirs of a worker that passed away while performing duties for his employer.

 

In its decision, the Court decided, in effect, to grant compensation to the heirs based on the fact that the task entrusted and performed by the worker was risky, since the employer sent two workers without taking the corresponding safety measures to the transport of values, one of them having died performing this task as a result of violent assault.

 

In that sense, the Court considered that the employer did not comply with its obligation to protect the physical, functional and psychological integrity of its worker, as provided by labor law. In addition, he considered that the same labor legislation enables the heirs of the deceased to appear in court with the sole accreditation of the link to claim legal benefits, even when the worker had died after being dismissed without cause.

 

However, the majority limited compensation to the last pending monthly salary, proportional annual bonus and a 20% compensation, giving a total of PYG 5.399.999. On the other hand, the dissenting vote considered compensation should amount in PYG 38.399.999, mainly because of the inclusion of a compensation based on life expectancy.

 

The ruling is relevant as it addresses the matter of compensation for loss of earnings in the labor jurisdiction claimed by heirs of a deceased worker in his workday as a result of breach of the employer (having not taken security measures), having understood the Court that heirs were fully entitled for the claim.

 

 

It is pointed out that Vouga Abogados has not been involved in this process.

 

For more information about EHS in workplace, do not hesitate to contact Perla Alderete (palderete@vouga.com.py) or Marcela Dos Santos (madosantos@vouga.com.py).



Source:  Acuerdo y Sentencia N° 43 del 24/Abr/2019 del Tribunal de Apelaciones del Trabajo de Asunción, Segunda Sala
Link:  Paraguayan Judiciary Decisions Database

Download: Decision 34/2019








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