Article 18 of Law No. 5953 provides a separate head of compensation where a journalist dies, and it comes with a floor.
Who Receives It?
| Order | Entitled |
|---|---|
| 1 | The spouse and children |
| 2 | Failing those, family members dependent on the journalist for their livelihood |
The test in the second tier is not legal succession but dependence for livelihood. A family member who is not an heir may therefore be entitled where their livelihood depended on the journalist.
The Amount: The Higher of Two Measures
The article fixes the amount as follows: a death benefit in the amount of the severance entitlement, being not less than three times the deceased's monthly wage.
| Journalist's seniority | Severance entitlement | Payable |
|---|---|---|
| 2 years | 2 months' wage | 3 months' wage (the floor applies) |
| 3 years | 3 months' wage | 3 months' wage |
| 12 years | 12 months' wage | 12 months' wage |
The severance entitlement is calculated on the Article 6 test, from first entry into the profession. This is covered in the seniority article.
The Sanction for Non-Payment
Article 26(c) provides an administrative fine against an employer who does not pay the death benefit under Article 18 to those entitled. The article also provides that the compensation is additionally paid to those entitled; the fine does not extinguish the underlying debt.
Relationship with Closure of the Publication
Under Article 17, the statutory compensation of staff at a periodical whose publication is suspended is paid in preference. The death benefit is one of the statutory compensations within that scope. This is covered in the closure article.
Bottom Line
Where the contract ends on a journalist's death, a death benefit is paid to the spouse and children — failing those, to family members dependent on them for their livelihood — in the amount of the severance entitlement, but not less than three times the monthly wage. Non-payment gives rise to an administrative fine and does not extinguish the debt.