National Social Forecasting Institute Its Restructuring - Updated Text Of The Norm

Original Language Title: INSTITUTO NACIONAL DE PREVISION SOCIAL SU REESTRUCTURACION - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
RESTRUCTURING OF THE NATIONAL INSTITUTE FOR SOCIAL PREVISION LEY 14.236

See Background

The Senate and the Chamber of Deputies of the Argentine Nation, meeting in Congress,

They sanction with LEY force:

ARTICLE 1 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

I - National Social Welfare Institute

ARTICLE 2 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 3 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 4 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 5 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

II - National Foresight Boxes

ARTICLE 6 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 7 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 8 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 9 (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 10. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 11. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 12. ! The executive branch may, temporarily or permanently, delegate to the National Provident Fund for State Personnel, the authority to agree or deny the benefits of Act No. 4349.

If the Executive Power does not delegate that authority, the National State Staff Provident Fund directory will agree or refuse benefits subject to the ratification of the Executive Branch, in the manner established by the regulation.

ARTICLE 13. ! (Article 15 of the Law No. 23.473 B.O. 25/3/1987.)

ARTICLE 14. ! (Article 15 of the Law No. 23.473 B.O. 25/3/1987.)

ARTICLE 15. ! (Article Derogated by art. 25 of the Act No. 18,820 B.O. 4/11/1970. Vigilance: from the day of its promulgation.)

ARTICLE 16. ! Actions for collection of contributions, contributions, fines and other emerging obligations under social insurance laws shall be prescribed at 10 years.

The actions that have not yet been prescribed, for the claim of contributions and contributions, shall be prescribed at ten years of the sanction of this law.

III. Penalties and implementation procedures

ARTICLE 17. ! (Article Derogated by Article 14 of the Act No. 17.250 B.O. 28/4/1967. Watch: from 60 days of publication.)

ARTICLE 18. ! The employer shall deposit within the corresponding period, the discount on the remuneration of his or her staff as a contribution. If it fails to do so, after an intimation, it shall be liable to the penalty established by the Criminal Code for the offence of defraud without prejudice to the fine provided for in subparagraph (d) of the preceding article.

In the same penalty, an employer shall be liable to improperly retain deductions made in the remuneration of his or her staff and that, under collective conventions or legal or regulatory provisions, he or she should deposit in the national insurance funds.

ARTICLE 19. ! (Article Derogated by Article 14 of the Act No. 17.250 B.O. 28/4/1967. Watch: from 60 days of publication.)

ARTICLE 20. ! The falsehood in the affidavits as well as the false testimony shall be punishable by the penalty set out in articles 293 and 275 of the Criminal Code, without prejudice to the provisions of articles 17 and 18 of this Act.

ARTICLE 21. ! The prescribed penalties shall be applied by national insurance funds in the manner in which the regulation is established in accordance with the following rules:

(a) The administrative check shall be subject to accreditation of the offence and shall serve in trial until the contrary is proved;

(b) The proceedings shall be summary, verbal and actuated, ensuring the defence guarantees to the offender;

(c) Convictionary administrative decisions when the amount of the fine exceeds the minimum established by the regulation may be appealed to the National Labour Appeals Chamber of the Federal Capital. Such a remedy shall be granted upon payment of the fine or provision of sufficient bail; (Note Infoleg: By art. 10 Decree No. 16.017/59 B.O. 11/12/1959 provides that the bond authorizing article 21 (c) of Law No. 14.236 shall be to the satisfaction of the creditor and may be personal or real. )

(d) Fines shall be paid within the period of time that is set by law, and payment may be authorized within the time limits specified by the implementing authority.

ARTICLE 22. ! The disposal, dissolution, liquidation and/or any transformation of civil or commercial entities, whatever their nature, form or constitution, shall not release the employer or transmitting company, from the obligations of the funds for contributions, contributions or any other debt they had with them. The acquirers shall be jointly responsible with the transmitters for the aforementioned obligations, without prejudice to the repetition action that may be appropriate to exercise them against them. Without prejudice to the responsibility of transmitters and acquirers, they must notify the corresponding box of the concerted operation, by subscribing the forms that will be provided for this purpose, which will record the debts that are recognized in favour of it. The only valid proof of compliance with this requirement will consist of the record of receipt of the aforementioned forms that will issue the box and without which the act will be void.

Any transfer shall constitute an interruptive act of the statute of limitation of civil or criminal actions to which the boxes are entitled.

ARTICLE 23. ! Authorize the Executive Branch to establish, on the proposal of the national insurance funds, the respective procedures for the granting of benefits and the perception of contributions and contributions, the legal rules governing the respective procedures are repealed. While the Executive Power does not dictate the above-mentioned regulations, the expressed procedures will conform to the current rules.

ARTICLE 24. ! Accident and maternity boxes will be relied upon by the Ministry of Labour and Security, who will be responsible for the administration of the funds in the manner determined by the regulations, which will also regulate their functioning.

The cost budget of these boxes will be met with their own resources.

Resolutions for which benefits are agreed or denied shall be appealed in the same manner and term as provided for in the resolutions of the National Social Welfare Institute in article 14 of this Act.

(Note Infoleg: By art. 2° Decree-Law No. 5167/58 B.O. 5/5/1958, the objectives are set for all agencies of the national social welfare system covered by law 14.236. )

ARTICLE 25. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 26. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 27. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 28. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 29. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 30. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

ARTICLE 31. ! (Article repealed by art. 33 of the Act No. 17.575 B.O. 29/12/1967. Watch: from 1 January 1968.)

A.E. CORREA. BENITEZ ­ Alberto H. Reales ­ Rafael V. González

Registered under No. 14.236

Buenos Aires, 13 October 1953

TANTO: Please fill in the National Act, fill in, report, publish and give to the Directorate General of the National Register.

REISAIRE - Alejandro B. Giavarini

DECRECT N° 18,90 Background

! Article 8 replaced by art. 1 Decree-Law No. 33/63 B.O. 10/1/1963;

! Note Infoleg: by art. 1 Decree-Law 1716/58 B.O. 25/2/1958 adds one paragraph to art. 11;

Article 2 (a) replaced by art. 1 Decree-Law No. 15.972/56 B.O. 13/9/1956;

! Article 5 replaced by art. 1 Decree-Law No. 15.972/56 B.O. 13/9/1956;

Article 8 (b) replaced by art. 1 Decree-Law No. 15.972/56 B.O. 13/9/1956;

! Article 11 replaced by art. 1 Decree-Law No. 15.972/56 B.O. 13/9/1956;

! Article 17 replaced by art. 1 Decree-Law No. 15.782/56 B.O. 6/9/1956;

! Article 19 replaced by art. 1 Decree-Law No. 15.782/56 B.O. 6/9/1956;

Article 2 (a) replaced by art. 1 Decree-Law No. 327/56 B.O. 26/1/1956;

Article 2 (b) replaced by art. 1 Decree-Law No. 327/56 B.O. 26/1/1956;

! Article 4 replaced by art. 1 Decree-Law No. 327/56 B.O. 26/1/1956;

! Article 5 replaced by art. 1 Decree-Law No. 327/56 B.O. 26/1/1956;