Bs. As., 4/9/72
VISTO the provisions of Article 64 of Law 18.037, and
That the aforementioned legal rule authorizes the Executive Power to establish a regime that covers age and years of services and differential contributions and contributions, in relation to the nature of those activities that were painful, risky, unhealthy or determining old age or premature exhaustion.
That the Standing Advisory Commission established by Decree 5.006/71 for the study and analysis of the requests made for the application of differential retirement regimes, produced an office on the activity of the port styba.
That from the result of their studies, checks and analyses, the conclusion is drawn that the tasks performed by the harbour stowaway, whatever the load or merchandise they work with, are evidently risky and painful, since it is a form of physical work to which the mechanization has not arrived and that it is usually performed at a very intense rate in order to cover the production indices and obtain improvements of a wage nature.
That while these characteristics are characteristic of the activity of the stirrupter, they reach to a large extent the stybators, since they collaborate circumstantially in the handle of bags and packages, when it is necessary to maintain or increase the pace of work.
That there is another form of port activity, that of the trenches, understood by it the one that performs the direct loading and unloading of boat to land and vice versa, or between boats, which also deserves a differential treatment because of the special characteristics of mode and medium of work, risks for the worker and third parties, making it clear that it is not extended to those who handle means of direct load in stages prior to work.
That the circumstances set forth justify the adoption, for the staff of estibadores, foremen of estibadores and harbour scripts, of a differential regime in respect of retirement, with age limits less than those currently required.
That the provisions of this differential regime should deprive, in particular, of any other that might affect the activities in question, such as those of Decree 4.257/68.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . They will have the right to regular retirement with 52 years of age the port stowaways and with 55 years of age the port rackets and the harbour studs that perform their task in the direct loading and discharge of boat to land and vice versa or between boats, and meet the remaining requirements provided for in Article 27, subparagraph (b) and concordants of Law 18.037. Art. 2o . When the tasks referred to in Article 1 or the same and other tasks of any kind have been performed in an altered manner, in order to determine the requirements for the granting of regular retirement, an apportionment shall be made on the basis of the age and service limits required for each class of tasks or activities. Art. 3o El The contribution corresponding to the staff referred to in the present decree and the employer's contribution will be the one that governs the common system, both increased by 3 points. Art. 4o . Those who habitually work as port stowaways will be considered to be included in the present decree as such, although they occasionally lend their work as port stews. Art. 5o Toda Any company which, at the date of promulgation of this decree, is functioning or is authorized to do so in the future, may not incorporate new permanent or transitional staff in functions to develop partially or fully in the tasks specified in Article 1 without being previously subject to a medical care examination that will conform to the following minimum standards:
(a) Complete clinical examination;
(b) chest X-ray of lumbosacra column;
(d) Mantoux or similar reaction;
(e) Erythrosedimentation and glucemia;
(f) Urine analysis (glucosa, albumin and sediment);
(g) Reaction of Huddlesson or melithin or similar;
(h) One of the syphilis research reactions;
(i) Electroencephalogram;Art. 6th Las The above provisions will begin to govern from the first day of the month following the date of this decree and replace any other pre-existing that would have covered the activities contemplated in this decree. Art. 7o . Communicate, publish, give to the National Directorate of the Official Register and archvese.
LANUSSE.Oscar R. Puiggrós.