We proceed on this occasion with a hermeneutical analysis of the articles that make up the Act 1 of 1998, the legal excerpt this, which establishes the Joint formalities or procedures that constitute the legal basis necessary for those that are heirs to the employment benefits of public workers, can use them without the need to file a civil succession.
Regarding the above, we must first establish that the Act 10 of 1998 is properly directed to a sector of the population, since it regulates the procedure for claiming the rights acquired by civil servants during the exercise of their functions, being the object of such Act the relatives of the deceased public workers.
Now, before starting the actual analysis of the law in question (which has only 4 items), we should mention that it has a great similarity with Articles 155, 156 and 157 of the Labor Code of the Republic from Panama.
Entering in the proper reading of theAct 10 of 1998has that the Article 1 of the aforementioned ordinance states:
Article1. In case of death of a public worker, the wages that he would have accrued, the proportional complete vacations that were accumulated, and other services derived from the contract to which he is entitled, shall be forwarded by the institution of the State where the public worker works, the respective circuit judge, and if there is none in its division, the competent municipal judge concerned, and may be required, at his request, that the judge delivers the corresponding sum ofmoney, if the amount is less than 1,500 dollars without probate, to the minor children, through whom or whom their representatives were and, failing that, to the spouse or partner, who at the time of death of the worker lived with him permanently . In their absence, the amount of wages and vacations will be given to the mother or the father of the public worker.
Any incident or dispute arising in the application of this standard, will be solved by the competent judge summarily, in fairness, without trial, based on the evidence and according to his discretion.
If the amount of the accrual by the deceased public worker, in wages, full or proportionate vacations or other employment benefits, is more than 1,500 dollars the judge will deliver the corresponding amount in the way specified in the aforementioned paragraph, after verification that the evidences are adequate and the publication of an edict in which the appearance is ordered to be in the legal part within the process to all interested parties within a period of five days from the publication of the last edict, in a national newspaper applying, if it is compatible, the process of incident. In the latter case, the judge will supply gaps according to their discretion.
Within the procedures outlined in the preceding paragraphs, the judge may order interim payments to the petitioners when the evidence is sufficient, in his opinion, and if the circumstances so warrant them. Against resolutions that put an end to these procedures at first instance, the appeal only be admitted to the suspensive effect.
In the absence of the persons mentioned in the preceding paragraphs, the Circuit Judge shall deliver the sum of money to the person or persons entitled under the Civil Code in matters of succession, but without subjecting it to the process of succession.
In the provision cited it interferes that effectively the Panamanian legislator, has set a legal formula by which survivors of the deceased public worker died obtain in a way of “summary” wages, complete or proportionate vacations or other employment benefits.
Now, before indicating any order of appeal enshrined in this Act, it is important to make it clear that while it is true the article in question is quite similar to Article 155 of the Labor Code, it is aimed at regulating labor benefits a special group of workers, since it is specific to public workers.
Regarding the above, it is necessary and timely to note that public worker, according to Law 9 of June 20, 1994, “Whereby it is established and regulatedthe Administrative Career” in its article 2 is defined as “the person appointed temporarily or permanently to positions in the Executive, Legislative and Judicial Organ, municipalities, autonomous or semi-autonomous entities and, in general, to receive compensation from the State.”
So, one of the most important aspects of the Law 10 of 1998 is the fact that it enshrines the way to delivering the corresponding sum of money, employment benefits of deceased public workers without trial succession to their minor children, or in its defect to the spouse or partner.
Thereby,it is verify the argument regarding both the salary as well as other employment benefits that belong to the employee, are part of his patrimony, reason why actually corresponds to his minor children or inthe absence of a spouse or partner, deserve these rights. However, given the peculiarity of the special procedure established by Law for the collection of said performance of public workers, it is necessary to delve into the spirit and reasonof this rule.
In this regard, it is noted that the transmission that originates with the decease is not the transmission of all the rights of the deceased, not even of those who compose its assets entirely, as it has within its rights and obligations of transferable character, however, it is at this point where the social nature plays a vital role of the social character and obligations of intransmissible character, given that it was clear lights lining of specialty employment benefits. Thus, the sequence includes only the rights that can be transmitted, and these rights, which form a universality-the inheritance-, are transmitted in universal succession to the heirs of the deceased, but not the employment benefits (in this case public workers) whenever the interposition of a succession process will not be required to obtain that part of the estate of the deceased.
The loss of the employee (public worker) in the family can be very devastating, both emotionally and financially. The Law in study helps providing income support to the families of deceased workers, in an expeditious manner and without major complications, this at least is what in theory has its origin and source of the Law 10 of 1998, the latter being one advantage that is offered to survivors of the server just died.
Despite the above, it should be noted that not enough that once a public worker is deceased the minor children (through their legal representatives), his spouse or partner, enjoy the acquired rights perceive. It is that the administrative entity where the deceased worked to be submitted to a judicial authority, the benefits to which the official is entitled, which would be delivered in without probate, if the amount of such benefits did not exceed USD$1,500.00 dollars.
Now, to submit the case where the benefits which we mention in the paragraph in study exceedsUSD$1,500.00 dollars, the object of the Law in our study establishes a similar procedure, but with other requirements. In that sense if it exceeds the mentioned sum, the value of the corresponding benefits, it will be required to publish an edict ordering the hearing where all the interested parties within a period of five days, from the publication of the edict, in a newspaper of national circulation.
We are of the opinion that the publication requirement established in Law 10, has its genesis in the need of providing a transparent and fair process for the recovery of the referred benefits given the amount thereof; it is important to note that the worker’s death is a social contingency as long as it affects the household income usually generated by the deceased, and can cause distress and other negative effects, in order that the real beneficiaries obtain such benefits.
Once exposed the main topics of the first article of the legal compilation study, we will proceed with the analysis of Article 2 of this Act, which states:
Article 2: The beneficiaries of the deceased public worker described in the previous article, may bring actions and continue the pending processes derived from the relationship of administrative law of his testator, without the need for probate.
It should be noted that the aforementioned article, is quite clear about its spirit, since this reveals the possibility with which the beneficiaries of the deceased public worker (making reference to the consecrated list in the article that precedes) to practice the actions and extend the pending cases, the product of the relationship of administrative law of the deceased worker, so things if before his death, the public worker had established some kind of administrative process, in order to exercise any right, for which he could claim, it will correspond then be the beneficiaries of this continue such administrative dispute, and also belongs to them the right to establish any claim on behalf of the deceased, in order to obtain compensation that would have occupied the same.
However, due to the ever increasing needs of Panamanian families, the economic responsibility of many homes lies with both spouses. When one of them widowed (being the deceased public worker), significant economic and social consequences occur, because a decline in the living conditions is experienced to be had before the death of one spouse, generating, among others, desertions of children to schools or colleges, property loss and increased risk factors for disease, and the things the legislature of the Republic of Panama, created a legislation aimed at facilitating the process so painful for you pass the relatives of the deceased civil servant, thereby producing a special regulation of legal character on the matter, in order to support survivors who offered his services to the state in a responsible, honest and committed way.