RISKS OF WORK
Please outline how the resources obtained pursuant to Article 37, paragraph 1, of Law No. 24.557, shall be distributed among the supervisory bodies.
Bs. As., 18/9/97
VISTO Article 37 of Law No. 24.557 on Labour Risks (LRT), and
That as it emerges from the articulation of Law No. 24.557 are the supervision entities of the system of occupational hazards both JURISDICTION 75 - MINISTERY OF WORK and SOCIAL SECURITY - Decentralized Agency 852 - SUPERINTENDANCE OF RISKS OF WORK as JURISDICTION 50 - MINISTERY OF ECONOMY AND OURS Accordingly, the rate provided for in article 81 of Act No. 20.091 must be distributed among the above-mentioned agencies.
Article 37 of Act No. 24.557 provides that the operating expenses of such entities shall be met with the rate provided for in article 81 of Act No. 20.091 on the monthly quotas paid by employers to the insurance companies.
However, the above-mentioned rule does not establish a criterion for the distribution of resources that may be collected through the above-mentioned rate, and therefore it is necessary to correct such omission by regulatory means.
In order to establish the appropriate distribution criterion, it is prudent to take into account the needs and functions assigned to each oversight body by Law No. 24.557.
That as the rate provided for in article 37 of Law No. 24.557, the main source of resources of the WORKING RISK SUPERINTENDANCE, it is appropriate to allocate a NOVE and CINCO per SCIENTY (95 %) of the resources obtained with it to this agency.
That the SUPERINTENDENCE OF FOLLOWERS The NATION has other sources of financing, therefore it is reasonable to assign the remaining CINCO per SCIENTA (5 %) of the resources obtained with the said rate.
That both agencies have previously agreed to this distribution according to the resources and needs of each of them.
That the present is given in the use of the powers agreed upon by article 99, paragraph 2 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 The resources obtained by application of article 37, paragraph 1, of Act No. 24.557 shall be distributed among the supervisory bodies as follows:
NOVENTA AND CINCO FOR SCIENTY (95 %) for WORKING RISK SUPERINTENDANCE
CINCO FOR SCIENTY (5 %) for the SUPERINTENDANCE OF NATIONAL FOLLOWERS.
Art. 2o-Payment of the fee provided for in article 37 of Act No. 24.557 shall be monthly.
Art. 3o-Income will be made by deposit at the BANCO OF ARGENTINA NATION - May Term Branch - in the Accounts that the SUPERINTENDANCE OF NATIONAL ASSESSMENT and the SUPERINTENDANCE OF WORKING RISKS will enable this purpose, in accordance with the proportion corresponding to each agency.
The financial administrative services of the oversight bodies shall be responsible for receiving and controlling the collection of the rate provided for in Article 1.
Art. 4o-The SUPERINTENDANCE OF NATIONAL ASSESSMENT AND THE SUPERINTENDANCE OF RISKS OF WORK are empowered to regulate the provisions of the present, establishing the operational mechanisms for its implementation.
Art. 5o-SUPERINTENDANCE OF NATION FOLLOWERS shall transfer the resources from the application of the provisions of article 37 of Law No. 24.557, which at the time of the present have been entered into the BANCO of the ARGENTINA NATION - Mayo branch - to the account No. 794/42 of the SUPERINTENDANCE OF THE NATION, according to the article established by
Art. 6o-Contact, publish, give to the National Directorate of the Official Register and archívese.-MENEM.-Jorge A. Rodríguez.-José A. Caro Figueroa.-Roque B. Fernández.