Nom-035 and how to protect yourself with funeral expenses in San Luis Potosí

As a pattern. What are my obligations before Nom-035 in San Luis Potosi?

In order for companies to be more competitive – and comply with the law – they must offer a benefits package to their employees that includes medical expenses, funeral expenses, dental plan and other benefits.

NOM-035 in San Luis Potosí establishes guidelines for companies to identify and protect employees from stress.

This rule applies to all workers who are employed by a company in the national territory.

Many companies in our country are facing this situation, however, it is important to know about the obligations that the employer has to comply with at the time of death due to occupational hazards and how to prevent financial penalties for such events.

What does the law say about the death of a worker?

The Federal Labor Law establishes the following:

Article 500

When the risk results in the death or disappearance derived from a criminal act of the worker, the indemnity shall include:

• I. Two months’ salary for funeral expenses; and
• II. The payment of the amount fixed in article 502.

Article 501

They shall be entitled to compensation in cases of death or disappearance resulting from a criminal act:

• I. The widow or widower, children under eighteen years of age and those over this age if they have a disability of fifty percent or more, as well as children up to twenty-five years of age who are studying in any school of the national educational system; in no case will the investigation of economic dependence be carried out, given that these claimants have the presumption in their favor of economic dependence;
• II. The ascendants will concur with the persons mentioned in the previous section without the need to carry out an economic investigation, unless it is proven that they were not economically dependent on the worker;
• III. In the absence of a surviving spouse, the person with whom the worker lived as if he/she were his/her spouse during the five years immediately preceding his/her death, or with whom he/she had children, will concur with the persons indicated in the two previous fractions, without the need to make a financial investigation, provided that both had remained free of marriage during the cohabitation;
• IV. The persons who were economically dependent on the worker will concur with those who are contemplated in any of the hypotheses of the previous fractions, having to prove the economic dependency, and
• V.In the absence of the persons mentioned in the previous fractions, the Mexican Social Security Institute.

Article 502

In case of death or disappearance derived from a delinquent act of the worker, the indemnity corresponding to the persons referred to in the preceding article will be the amount equivalent to the amount of five thousand days of salary, without deducting the indemnity received by the worker during the time he/she was subject to the temporary disability regime.

How can we protect ourselves before the law in the event of a worker’s death?

If we do the numbers, the amount to be paid for indemnity is very high, but for this payment to proceed, the following must be taken into account: did the owner of the business affiliate the deceased employee with the IMSS?

If the answer is yes, the Social Security Law (article 53) mentions the following:

Article 53

The employer who has insured the workers in his service against occupational risks will be relieved, under the terms of this Law, from complying with the obligations regarding liability for this type of risks established in the Federal Labor Law.

This means that the Social Security Law relieves the employer of the aforementioned obligations set forth in the Federal Labor Law.

How much does it cost to protect funeral expenses for a worker in San Luis Potosi?

In Boinita we have a very attractive plan to protect all the workers of a company in funeral expenses that includes a wake service:

• Recovery of your loved one at the hospital or home in less than 45 minutes.
• A basic casket.
• Aesthetic preparation.
• Wake at the funeral home.
• Cafeteria service.
• Procession to the religious service.
• Legal advice and paperwork.
• The cortege to the cemetery where the service has been contracted.

Or the Single Cremation service which includes:

• Recovery of your loved one at the hospital or home in less than 45 minutes.
• Cremation.
• Procedures before the Civil Registry.
• Local taxes.
• VAT.
• Basic wooden urn.
• Delivery of the ballot box to your home.

If you need more information or a quote please call us at 4448470223 or email us at servicio@boinita.com.

At Boinita we can take care of the cremation of your loved one. Then, once we have returned the ashes to you, you can arrange a simple memorial service that is perfect for you and your family.

For more information about our service go to http://boinita.com

Boinita offers Single Cremation services without a Funeral Service, with a fixed price and 24-7 customer service. Boinita is located in the metropolitan areas of Aguascalientes, Cancun, Hermosillo, Merida and San Luis Potosi.

In Pet Cremation Services we are located in the cities of Aguascalientes, Cancun, Chihuahua, Ciudad Juarez, Leon, Merida, Puebla, San Luis Potosi, Tijuana and Toluca.