Bs. As., 29/5/97.
I look at the Nros Laws. 19,587, 22.250, 24.013, 24,241, 24,465, 24,557 and 24,714, Nros Decrees. 1342 dated 17 September 1981; 340 dated 24 February 1992; 334 dated 1 April 1996; 717 dated 28 June 1996 and 1338 dated 25 November 1996; and
That among the powers granted to the NATIONAL EXECUTIVE PODER by Act No. 24.557, there is to include domestic workers within their scope.
That they have been deferred in their inclusion in those special rules that, over the years, have allowed workers in general to access a repair of the damages resulting from the work.
That the creation of the system of Law No. 24.557 on Labour Risks allows, through appropriate contributions and the partial adequacy of its rules, to include these workers within the protection provided by the system.
What social justice reasons make it essential to equip these workers with all those who provide services in relation to dependency, providing them with the special protection provided by the Law.
That, in this regard, compulsory incorporation of domestic workers, providing services in relation to dependency, is desirable within the scope of Law No. 24.557.
That the SUPERINTENDANCE OF RISKS OF WORK (S.R.T.) must dictate the necessary regulations to adapt the system created by Law No. 24.557 to the characteristics of the activity that is incorporated.
That article 2 (b) of Act No. 24.557 empowers the NATIONAL EXECUTIVE POWER to include self-employed workers in its scope.
That such incorporation, attentive to the nature of autonomous activity, has been foreseen as progressive for the different modalities.
It is incumbent upon the SUPERINTENDANCE OF RISKS OF WORK to dictate the necessary regulations to adapt the system of Law No. 24.557 to the activities of self-employed workers.
That Act No. 24.557 empowers the NATIONAL EXECUTIVE PODER to include workers linked to non-working relations within its scope.
That the planned inclusion is based on the principles of universality of the protective system provided for in the RISK OF WORK but does not affect the non-working nature of such linkages.
It is therefore appropriate to include persons who are engaged in activities under various rules that establish atypical figures for non-working relationships such as interns regulated by Decree No. 340/92, apprentices under the Act No. 24,465, those who carry out activities under a grant; and those who provide services and are trained in the special programmes established by Act No. 24.013.
That the characteristics of all these activities, to the extent appropriate for the non-working nature of the services or activities, make it necessary to place the employer or task manager in charge of the obligations that Law No. 24.557 imposes on employers.
That in the case of apprentices, as well as in other programmes involving non-working relations, there are rules in place that impose obligations for occupational hazard insurance which, by virtue of the incorporation into the scope of Law No. 24.557, should be considered to have been completed.
That the absence of any of the cases provided for in the preceding paragraphs requires the adequacy of the system financing scheme by setting a minimum quota pattern.
That the modifications made by workers on their usual journey between the home and the workplace, and vice versa, may only enjoy the benefits provided for in Act No. 24.557 provided that they inform the employer of the new itinerary. In this regard, given the possibility of involving more than one Self-Assured Assurance or Employer, it is reasonable to establish those who must make such a communication.
It is pertinent to clarify that the nature of non-conviviveness, referred to in article 6 of Act No. 24.557, covers those who, while still living with the worker, are circumstantially outside their home and establish the degree of kinship to be considered a direct family member to justify the application of this article.
That the intervention of more than one "in itinere" and the urgency of an adequate benefit to the injured party, imposes the need to settle who, as a general rule, must grant the benefits and clarify other effects of the application of the rule.
The existence of invalidating demonstrations in discontinuous periods, but of the same origin, should be considered for the purposes of computing the terms provided for in article 13 of Act No. 24.557.
It is necessary to provide clarity to the system, avoiding confusion in the liquidation of the dinerary benefits. In this regard, it is necessary to clarify that the state of provisionalness of partial permanent incapacity is subject to retentions for forecast contributions and the national health insurance system, allowing such a period to be considered as service time with inputs and access to the benefits of the NATIONAL SYSTEM OF HEALTH.
That the provision set forth in article 15, paragraph 1 of Act No. 24,557 should not affect the rights acquired by the retired worker - the ordinary retirement benefit or its equivalent according to the forecast regime to which the injured party is affiliated - when the worker returns to the activity or when he voluntarily postponed his retirement.
That the widespread practice that has been implemented in the development of relations between the actors of the system of Law No. 24.557, evidences the need to adapt legal mechanisms to reality, depending on a better performance of actions and for the benefit of the victims.
That in the matter of dinerary benefits of Law No. 24.557, it is the employers who have the finished knowledge of the calculation elements necessary for the liquidation of them as soon as the system requires.
In this regard, it is appropriate for the Insurers to agree with the employers who are the latter who pay, on account and order of the Insurers concerned, the benefits to the survivors while the employment relationship is still in force.
In addition, in the area of family allowances, employers have the direct possibility of verifying the budgets necessary for the granting of benefit, and it is therefore appropriate for them, to the extent that the employment relationship is maintained, to make the actual payment of family allowances.
On the other hand, it should be clarified that by application of Act No. 24,714 of the Family Assignment Scheme, the person responsible for the payment of allowances must contribute, in the terms of the Act, to the financing of such assignments.
That the reality of implementation of the system of Law No. 24.557 demonstrates that the vast majority of employers have adopted by membership in an insurance company, rather than the self-insurance system.
That this fact, in addition to the obligation of the Insurers to report occupational accidents and diseases to the WORKING SYSTEM, could generate an unnecessary duplicity of the information of occupational accidents and diseases provided for in article 31 of Act No. 24.557.
In this regard, the obligation arising from Article 31, paragraph 2, (c), of the above-mentioned Act, in respect of complaints to the S.R.T., to the extent that employers provide information to the Insurers, should be considered fulfilled.
That article 33, paragraph 1 of Act No. 24.557, provided for the establishment of a guarantee fund for the purpose of compensating benefits, which it provides, in the event of an employer ' s financial insufficiency.
That the Administration of the Guarantee Fund is in charge of the WORK RISK SUPERINTENDANCE, as provided for in paragraph 3 of the above article.
It is necessary to regulate the investment and administration possibilities of the Fund in question for the purpose of keeping it inconclusive.
It is also appropriate to regulate how surpluses of the Guarantee Fund will be determined, as well as how to apply them to the destinations specified by the Law.
That the duty to impose labour standards on the principal, by establishing it as a debtor of the contractor or assignee in respect of the obligations of the contractor to its workers prevents its consideration as a third party, even if the solidarity imposed in Law No. 19.587 allows the worker dependent on the contractor or assignee to demand also the performance of a duty properly contractual as is the duty of security.
That in this regard it is necessary to link the relations between the competing companies with their contractors or assignees with respect to the responsibility arising from the application of the LAW ON RISKS OF WORK, ensuring control of compliance with the obligations of the employers by their contractors.
In accordance with article 45 of Act No. 24.557, it is the power of the NATIONAL EXECUTIVE POWER to dictate the complementary norms in the area of pluriemplementation and succession of sinisters.
That in the area of pluriemplementation, situations in which the worker performs activities simultaneously for more than one employer should be considered, including in such a case the possibility that the various employers may own different insurance companies. In such a case, the insurance company responsible for granting benefits should be determined once the contingency occurred.
That in the case of succession of sinisters it is possible to consider situations in which the worker suffers successive contingencies that generate him different degrees of incapacity, bearing in mind that such situations may occur under the dependency relationship of different employers.
The various possible cases of succession of sinisters have been analysed, in which the victim can be seen in situations that, due to an increase in the percentage of his incapacity, give him the right to different types of benefits.
That in order to ensure the full and timely granting of benefits in kind, it is considered appropriate to adopt the criterion that the Insurer responsible for the last contingency is the one that bestows the benefits in full, unless otherwise by the worker.
That the provisions of article 5, paragraph 5, of Decree No. 334/96 have brought to light some operational complications in the operation of the system, thus providing for the replacement of such subparagraphs.
That the second paragraph of article 6 of Decree No. 334/96 has been considered relevant for the purpose of the SECRETARIAT on SECURITY SOCIAL gives the necessary regulations in order to make a proper transfer of funds for the payment of the additional benefit.
According to article 2 of Act No. 24.557, any work in relation to dependency, function, employment or public burden is included even if the worker provides services outside the National Territory, and the extent of the benefits to be provided by the Insurers in these cases must be regulated.
Which administrative reasons for optimizing the collection of the contributions to the Assurers, advise to centralize in the IMPOSTITIVE GENERAL DIRECTION (D.G.I.) the spontaneous collection of the same, even when it comes to employers who are not bound with the UN SYSTEM OF SOCIAL SECURITY (S.U.S.S.).
That the provinces incorporated into the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (S.I.J.P.) have agreed, in the instruments of adherence to that system, specific methods of retention in the federal partnership, which is why the D.G.I. has implemented specific collection procedures that must be adapted for the purposes of Act No. 24.557.
Even if the retention referred to in the previous consideration is alien to the contributions made to the insurance companies, it is incumbent upon the latter to ratify the competence of the D.G.I., resulting in the provinces and their decentralized agencies and municipalities that are directly obliged in the declaration as well as their income.
That the mechanism implemented by Decree No. 334/96, by referring the calculation of the quota of membership to the payroll of the previous month, generates disastrous situations that must be corrected in order to provide greater operational precision to the system.
This is seen when analysing the situations in which the employer initiates his activity without the mentioned payroll or other situations that prevent the calculation of the quota based on the previous month's payroll.
That is why it is appropriate to establish that in certain specific cases the payroll for the previous month is not used, but rather that for the current month.
That the implementation of the system of Law No. 24.557 has generated the need to revert to the calculation of the value of the omitted quotas, as provided for in article 28, paragraph 3, since the determination based on the maximum market quote for its risk category has generated disastrous situations.
That, in this regard, for the purposes of the preceding consideration, it is considered appropriate to take as a reference value the CIENTA CINCUENTA BY CIENTO (150%) of the value of the quota that the employer agrees with the corresponding insurance company and to enable the SUPERINTENDANCE OF RISKS OF WORK to determine that value in case of self-insurance.
That for the purpose of correcting the effects produced by the replaced rule, it is appropriate to apply the new form of calculation to all unrealized and unpaid assessed determinations.
That the regulations established in the second and third paragraph of article 19, paragraph I, of Decree No. 334/96 were provided in a framework of relative uncertainty and lack of indicators on the provision and demand for the use of the resources of the Guarantee Fund; and with the aim of encouraging the registration of labour relations.
That therefore, by assessing the experience gained from the beginning of the system, as well as the ineffective implementation of the proposed objective, it is considered appropriate to amend article 19 of Decree No. 334/96.
That the various circumstances presented at the time of taking notice of a complaint require the adequacy of the case in which the Insurer is unable to accept or reject the worker's claim for lack of the necessary information to make an immediate and correct assessment of the facts.
To that end, it is appropriate to envisage an assumption of suspension of the term set by Decree No. 717/96 for the tacit acceptance or rejection of the claim.
Moreover, in order to ensure the timely care of the injured party even if at first there are objective circumstances that prevent the relevance of the claim, and recognizing that the benefits can be granted under a humanitarian act by the Insurers, it is necessary to clarify that the sole attention of the needs of the injured party does not imply the acceptance of the worker's claim or his rights.
That for the purpose of adapting to the reality of the labour market the list of university degrees that enable the management of the Health and Safety Services in the Work provided for in Decree No. 1338/96, it is necessary to expand the list provided for in article 11 of the Decree. In this regard, the titles that MINISTERY OF CULTURE should be considered enabling And EDUCATION has recognized as such in the field of Hygiene and Safety at Work, as well as those university degrees that enable in the field of Hygiene and Security in certain particular professional areas.
That the performance of the Insurers in the fulfilment of their legally established obligations requires that their Areas of Prevention be composed of professionals and technicians specialized in the field.
That the provision provided by the Insurers included assistance in the prevention of the risks of the job, so it was reasonable for employers to comply with the obligation to have a Health and Safety Service at Work through the hiring of the Insurers to whom they were affiliated.
That in order to allow for a wider range of development of the Hygiene and Safety Services at Work, and in accordance with the deregulation policies carried out by the NATIONAL EXECUTIVE PODER, it is considered appropriate to leave the registration of professionals and technicians without effect.
That Act No. 24.557 provides for the payment of a temporary labour incapacity allowance by the employer for the first TEN (10) days, and by the insurance company for the next period.
That the implementation of such a allowance has led to a disparity of criteria regarding the integration of the employer ' s compulsory contribution to the Unemployment Fund established in Act No. 22,250, during the periods in which the worker receives the same.
It is necessary to clarify the employer ' s obligation to integrate the Unemployment Fund during the period during which the worker is receiving the allowance resulting from the application of article 13 and in accordance with Act No. 24.557.
That the present is dictated in the use of the powers conferred by article 99, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 ) (Rule of article 2, paragraph 2, subparagraph (a)
Provide compulsory incorporation of domestic workers, who provide dependency services, within the scope of Law No. 24.557 on Labour Risks.
Such an obligation shall not enter into force until such time as the WORKING RISK SUPERITENDANCE dictates the necessary regulations to adapt the system set out in the Law quoted to the characteristics of the activity that is incorporated.Art. 2° ). (Rule of Article 2(2)(b).
Incorporate self-employed workers into the system created by Act No. 24.557 on Labour Risks.
(a) The affiliation of self-employed workers to the system in question will be progressive and consistent with the different characteristics and modalities of each activity.
(b) The SUPERINTENDANCE OF RISKS OF WORK is empowered to dictate the necessary regulations to adapt the system set out in the Law quoted to each autonomous activity and to resolve the conditions and date of effective incorporation of the autonomous into the system.Art. 3rd ) (Rule of Article 2(2)(c)
Incorporate in an obligatory manner in the area of application of Law No. 24.557 on Labour Risks, as workers linked by non-working relations, to those who carry out the following activities:
I. Those regulated by the Internship System approved by Decree No. 340/92 and by the Apprenticeship Contract established by Act No. 24,465 and its statutory rules.
II. Non-working benefits developed in compliance with special training and/or employment programmes created in accordance with Act No. 24,013 and its regulations.
III. Those carried out pursuant to a Fellowship.
(a) In the cases indicated in the present, the obligations imposed by Act No. 24.557 on the employer, insofar as they are compatible with the non-working nature of the linkage, shall be the responsibility of the employer or task manager.
(b) Through the inclusion of workers associated with non-working relations provided for in the present report, the obligation under article 4 of paragraph 7 of Act No. 24,465 and its regulatory decree, as well as other insurance obligations required in special training and/or employment programmes, and internship systems, shall be deemed to be fulfilled.
(c) In all cases provided for in this article, the amount on which the quotation shall be made shall be the compensation received. For the purposes of this law, the amount on which the quote is made may not be less than the equivalent of THREE (3) AMPOs.Art. 4° ( (Rule of Article 6(1)
(a) The changes in the way between the workplace and the worker ' s domicile, covered by the regulation, shall be subject to the following provisions:
I. The declaration of modification of the itinerary by concurrence to another employment must be made, prior to the change, in all and every employment of the worker.
II. It will be understood that a family member is non-convivive, even if it is regularly found in a place other than the usual domicile for duly justified reasons.
III. It is considered direct family to relatives for consanguinity and affinity up to the second grade.
(b) In the circumstances of the contingencies that occurred in the itinerary between two jobs, in principle the benefits will be paid, granted or contracted in favor of the survivor or its beneficiaries, according to the case, by the insurance company responsible for the coverage of as contingencies originated in the workplace to which the worker was heading at the time of the sinister occurrence.
(c) The obligation to pay may repeat from the other insurance company the costs of the benefits paid, awarded or contracted, in the proportion to each of them.
(d) In all cases of section I of the article that is regulated, "in itinere" accident shall be considered only when the accident occurred in the direct and immediate way between the work and the worker's home, the place of study, the other employment, or where the family member is located.Art. 5° ) (Rule of Article 7(2)(c)
Where temporary labour incapacity, caused by the same occupational accident or occupational disease, is manifested in discontinuous periods, such periods will be added from the first invalidating demonstration for the purposes of the computation of TEN (10) days of the employee ' s allowance under Article 13 of Act No. 24.557.Art. 6th ( (Rule of article 14, paragraph 1)
(a) Please note that the allowances paid during the interim period of partial permanent incapacity are subject to retentions for forecast contributions and the NATIONAL SYSTEM of the HEALTH SYSTEM.
(b) The above-mentioned contributions will give the survivor the right to be considered as a time of service with contributions and access to the benefits provided for in the NATIONAL SYSTEM OF HEALTH.Art.7° ( (Rule of Article 15, paragraph 1)
Add as a second paragraph of Article 5(2) of Decree No. 334/96 the following:
"The incompatibility set out in the second paragraph of article 15, paragraph I, refers exclusively to the provision of disability retirement benefits, not being applicable in the circumstances of article 45 (d) of Act No. 24.557. "Art. 8° ( (Rule of article 26, paragraph 1)
1. Please note that as long as the employment relationship of the beneficiaries is in force, the insurance companies may agree with their affiliated employers that they make the payment of the allowances, as well as the declaration and payment of the contributions and contributions to the social security account and order of those benefits.
2. In all cases, while the employment relationship of the beneficiaries is in force, employers will be responsible for paying the family allowances on account and order of the person responsible for the payment of the allowances.
3. Employers shall pay family allowances and, where appropriate, benefits, as provided for in the legislation in force and declare such payments together with the assets of their staff.
4. In all cases of allowances to be paid with more family allowances, the person responsible for the allowance shall pay the contribution provided for in article 5 (a), paragraph 2 of Act No. 24,714.
5. The person responsible for the benefit shall reimburse the employer, at the end of CINCO (5) days of payment of the assignment, the value corresponding to the contribution in question.Art. 9° ) (Rule of article 31, paragraph 2, subparagraph (c)
The obligation arising from article 31, paragraph 2 (c), of Act No. 24.557, concerning the reporting of accidents and occupational diseases to the WORKING RISK SUPERINTENDANCE, shall be deemed to be fulfilled by the denunciation of the same, in time and form, to the insurance company to which the employer is affiliated.Art. 10. ( (Rule of article 33, paragraph 3)
(a) The administration of the Guarantee Fund and its surpluses shall be managed by the WORK RISK SUPERINTENDANCE, for which it may invest the same in term deposits in banks enabled to receive investments from the Trust and Pension Fund Managers, and in national public securities.
(b) The Guarantee Fund shall be determined for annual periods beginning on 1 July of each year and expiring on 30 June of the following year.
(c) For the purposes of the determination of the Guarantee Fund, the WORKING RISK SUPERINTENDANCE may:
I. Set it on the basis of previous experiences of executing it and/or by hiring studies to specialized entities of recognized trajectory.
II. Fix it through the result of a bidding process between the Enabled Insurers, in which the award is made to provide the benefits during the specified period.
(d) As at 30 June each year, the surpluses of the Guarantee Fund shall be determined as a difference between the total amount accumulated at that date and the amount determined as set out in subparagraph (c) above.
(e) The RISK SUPERINTENDANCE OF WORK may grant benefits on its own or tender their execution among the Insurers.
(f) Within the TREINTA (30) days of completion of each exercise, the WORK RISK SUPERINTENDANCE will publish a statement of results of the application of the fund.Art. 11. ( (Rule of article 33, paragraph 4)
(a) The surpluses to be determined at the end of each period, as well as resources from donations and legacies, should be used to finance the following activities:
I. Development of publicity campaigns in mass media, which can solve publications and other modes of communication on the benefits of preventing work accidents.
II. Development of training, general and particular, on the topic of risks and prevention of work accidents.
III. Funding of activities and research projects on occupational hazards and their prevention, development of information systems on contingencies produced, institutional strengthening of the monitoring and monitoring agencies of the system.
(b) The implementation of the activities financed by the surpluses of the Guarantee Fund may be carried out directly or through agreements that the SRT undertakes with specialized, national or international institutions, public or private, specialized in the field and with recognized trajectory.
(c) Unused surpluses during an exercise may be executed in later periods.Art. 12. ( (Rule of article 39, paragraph 4 and 5, of Act No. 24.557):
Any person who assigns the establishment or exploitation entitled to his or her name, or contracts or subcontracts, in any way whatsoever the act of origin, activities or services corresponding to the normal and specific activity of the establishment, within or outside its scope, shall require its contractors or subcontractors to comply with the payment of the liquors to the appropriate insurance company, or to record the self-insurance that enables them. In all cases, they shall be jointly responsible for the obligation to pay the liquors to the insurance company, and may even withhold from the payments that must be made for their services the liquids due from the deadline, depositing them in the form and conditions established by the WORKING RISK SUPERINTENDANCE.
It shall not be considered third for the purposes of the actions provided for in paragraphs 4 and 5 of the article which is regulated, to the principal employer who cedes in whole or in part, or who hires or subcontracts, works or services within or outside the establishment entitled to his name.
The affiliation of the contractor, subcontractor or assignee to an Assurer authorized to operate, or its ability to access the self-insurance regime, exempts the principal businessman, contracter or assignor from any liability for risk of work against the staff occupied by those and their beneficiaries, with the sole exception of the assumption of dolo provided for in article 1072 of the Civil Code.
Identical principles will govern the assumptions of occupancy of personnel through eventual service companies authorized by the competent authority.Art. 13. ). (Rule of article 45, subparagraph (a).
In the event of any of the contingencies provided for in Act No. 24,557 in pluriemplementation, the following should be:
(a) The benefits will be paid, granted or contracted by the employer ' s insurance company whose activity involves the presence of the risk agent for which it had been working at the time of the contingency.
(b) Where the circumstances of the work accident or occupational illness are attributable to more than one employment, the benefits shall be paid, granted or contracted for the survivor or his or her rights, as appropriate, by the employer ' s insurance company for which the injured person has earned greater remuneration subject to contributions in the month prior to the first invalidating demonstration.
(c) The amount of dinerary benefits shall be determined in relation to the worker ' s base income in activities involving the presence of the risk agent, or in respect of the jobs for which the accident had been found.
(d) The payment obligation may repeat from the remaining insurance companies the costs of the benefits paid or granted in the proportion in which each of them is responsible.Art. 14. ) (Rule of article 45, subparagraph (c)
a. In the event of succession of sinisters, the insurance company responsible for the coverage of the last contingency must pay the dinerary benefits corresponding to the incremental incapacity, unless one of the following assumptions is given:
1. The worker would have been found in a definitive condition of incapacity and that, in addition, for the integral incapacity, there would be a monetary benefit whose payment modality differs from the dinerary benefit corresponding to the incapacity prior to the production of the last contingency in which case the Aseguradora will pay, grant or hire its exclusive charge the allowance in accordance with the integral incapacity of the injured person or,
2. That the worker would have been found in a condition of provisional incapacity, in which case the integral incapacity will be evaluated and the Insurers will be proportionally consistent with their responsibility.
b. It will be understood by incremental incapacity to the difference between the percentage of integral incapacity and that of pre-production incapacity.
The percentage of integral incapacity will arise from adding the incapacities resulting from each contingency by applying the remaining capacity criterion, except that in the Labor Incapacity Assessment Table the expected percentage for loss derived from all contingencies would be greater, in which case it will be taken as the percentage of integral incapacity.
c. In respect of in-kind benefits, the granting of such benefits shall be carried out by the person responsible in the last contingency, except for the worker ' s option to the contrary with respect to the attention of the incapacities arising from previous contingencies.
d. Without prejudice to the above, for the purposes of the computation of the actual sinisterness of the employer of the last contingency, it will be imposed exclusively on him the incremental incapacity.Art. 15. el Replace Article 5.5 of Decree No. 334/96 with the following text:
"The provision of supplementary monthly payment referred to in paragraph 2 of the article that is regulated shall take different forms according to the forecast regime to which the survivor is affiliated and the definitive withdrawal modality for invalidity."
(a) In cases of affiliates to the Capitalization Regime of the INTEGRAD SYSTEM of JUBILATIONS AND PENSIONS (S.I.J.P.) the Aseguradora or the self-insured employer shall integrate the capital into the balance of the individual capitalization account referred to in article 91 of Law No. 24,2441.
The beneficiary will have the amounts of both capitals for the purpose of selecting the benefit payment modality.
If the chosen modality is Provident Vitalice, the Administrator shall transfer to the Retirement Insurance Company the balance of the individual capitalization account, discriminating against the same as from S.I.J.P. or Law No. 24.557. The Retirement Insurance Company shall issue a policy on the basis of the accumulated balance referred to in article 91 of Law No. 24,241 and another on the basis of the balance generated by the capital consisting of the Asegurer or the self-insured employer. SUPERINTENDANCE OF NATIONAL ASSESSMENT shall determine the technical basis for the determination of the monthly allowance.
If the chosen modality is Scheduled Withdrawal, the Administrator shall determine the provision based on the accumulated balance referred to in article 91 of Act No. 24,241 and the supplementary allowance provided for in the article that is regulated on the balance generated by the capital consisting of the Asegurer or the self-insured employer. SUPERINTENDANCE OF JUBILATIONS ADMINISTRAtors And PENSIONES will determine the technical basis for the determination of the monthly allowance.
The right freely to dispose of the surplus balance referred to in articles 101 and 102 of Act No. 24,241, shall be applicable only in respect of the balance of the individual capitalization account referred to in article 91 of the same Act, without computing the capital composed of the Asegurer or the self-insured employer.
(b) Both benefits will be liquidated simultaneously and paid by a single receipt of assets.
(c) In other cases, the insurance company, or the self-insured employer, will integrate the capital into a Retirement Insurance Company at the choice of the beneficiary, for the purpose of hiring a vitality income. The NATIONAL ASSESSMENT may establish payment frequencies other than the monthly, in order to reduce the incidence of administrative costs on the amount of the benefit.Art. 16. el Replace the second paragraph of Article 6 of Decree No. 334/96 with the following text:
"Declared the definitive character of disability, the additional benefit will be paid in a coordinated manner with the existence of the dinerary benefits set out in article 15 of the Law No. 24.557, which is regulated. SECRETARIAT FOR SOCIAL SECURITY OF WORKING MINISTERY AND SECURITY SOCIAL will have the mechanism for transferring funds from the Occupational Risk Insurance Insurance or self-insured employer to the different entities responsible for payment."Art. 17. , Enter the first paragraph of Article 11 of Decree No. 334/96, the following paragraph:
"Notwithstanding this, the Insurers shall have the necessary means for the granting of emergency benefits outside the ARGENTINA REPUBLIC, when the accident or occupational disease occurs outside the country, to the extent that the dependent is performing tasks or services under a contract of work, or employment relationship initiated in the Republic, or of a transfer or commission provided by the employer, and provided that such persons have a residence in the country. The employer must inform the insurance company of the departure of its dependents."Art. 18. el Replace Article 9 of Decree No. 334/96 with the following:
"ARTICULO 9°). (Rule of Article 23).
1. The assessment referred to in paragraph 1 of the article that is regulated shall be declared and entered during the month in which the benefits are provided, with the same modalities, places and conditions established for the payment of contributions and contributions to Social Security, depending on the payroll of the previous month. The D.G.I. will establish the mechanisms for the distribution of funds to the respective Assurers.
The provisions of the preceding paragraph shall be applicable to employers who are not bound by the UNSSA SYSTEM. To this end, the IMPOSTITIVE GENERAL DIRECTION (D.G.I.) is empowered to dictate the operating rules that are necessary.
2. In cases of start-up, or where for other reasons there is no payroll in the month prior to payment of the quota, the membership fee will be calculated based on the payroll scheduled for the current month. In the case foreseen for the start of activity, the quota will be entered directly to the corresponding insurance company.
3. In the cases of decentralized agencies or municipalities in the provinces incorporated into the Integrated Pension and Pension System, the IMPOSITIVA General Directorate shall receive the quota referred to in paragraph 1, declared and entered by the precited taxpayers, according to the procedure and modality established for this purpose.
It will not be applicable, for the quotes provided for in this Law, the reductions in employer contributions."Art. 19. el Replace article 17, paragraph 1, of Decree No. 334/96 with the following:
"1. Those that the employer had to pay to an insurance company since he was forced to join. The value of the omitted quota, by the employer who is outside the self-insurance regime, will be equivalent to the CIENTA CINCUENTA (150%) of the value of the quota that matches the corresponding insurance company at the time of its affiliation. On the other hand, in the case that the employer is self-insurance, the value of the omitted quota will be the one to determine the WORKING RISK SUPERINTENDANCE based on an equivalent risk category."Art. 20. . The new form of determination of the value of the omitted quota, as provided for in article 17 (1) of Decree No. 334/96, replaced by this Decree, shall be applicable to all omitted contributions not paid until the date of publication of this decree. Art. 21. . Defrost the second and third paragraph of article 19, paragraph 1, of Decree No. 334/96. Art. 22. el Replace the second paragraph of Article 6 of Decree No. 717/96 with the following:
"The silence of the Insecutor will be understood as acceptance of the claim that has elapsed TEN (10) days of receipt of the complaint. Such a period shall be suspended in the case of article 10, paragraph 1 (d) of this Decree and where there are objective circumstances impossibilizing the knowledge of the claim. In the latter case, the suspension will not be able to exceed the term of VEINTE (20) corrected days and the insurance company will have to grant all the benefits until it defines the rejection of the claim. The insurance company shall notify the worker and the employer of the suspension in the course of the TEN (10) days of receipt of the complaint."Art. 23. , Add as fifth paragraph of Article 6 of Decree No. 717/96, the following:
"The granting of benefits prior to compliance with the terms of acceptance or rejection of the claim will never be understood as acceptance of it."Art. 24. el Replace Article 11 of Decree No. 1338/96 with the following:
"ARTICLE 11. ) (a) The Occupational Health and Safety Services and the Prevention Arcs for Occupational Risk Insurance Insurance should be directed by:
I. University graduates in the degree courses, in a university institution, who possess degrees with official recognition and national validity granted by the MINISTERY OF CULTURA and EDUCATION, with recognized competence in Hygiene and Safety at Work.
II. Professionals who are registered with the National Register of University Graduates in Hygiene and Security at the date of the present Decree, and are authorized by competent authority to exercise such function.
III: Technicians in Hygiene and Safety at Work, recognized by Resolution M.T.S.S. No. 313 of 26 April 1,983.
IV. Professionals who have started and are taking a postgraduate course in Hygiene and Occupational Safety at no less than CUATROCIENTS (400) hours of duration, developed in state or private universities, with recognition of the MINISTERY OF CULTURE and EDUCATION; once graduated from this course.
V. Graduates in postgraduate careers with official recognition granted under the conditions provided for in Resolution No. 1670 of 17 December 1996, of the MINISTERY OF CULTURA AND EDUCATION, or with accreditation of the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), with special guidance in Hygiene and Safety at Work.
(b) The Areas for the Prevention of Occupational Risk Insurance Insurance Companies shall be composed of graduates mentioned in the preceding section, Senior Health and Safety Technicians, Hygiene and Security Technicians, and suitable professionals who, as part of the stable insurance company, have been properly trained to perform such functions. In the latter case, the Director of the Prevention Area will be responsible for the professional actions of the same.
(c) Employers who are required to have Hygiene and Occupational Safety Services may develop it on their own, by third-party services or by complying with such obligation by contracting this service with their Insurer. In this case, the Insurer shall assume the obligations and responsibilities of the Service concerned.
(d) The SUPERINTENDANCE OF RISKS OF WORK is entitled to denounce, in summary, the breaches of the Graduates or Technicians, to the corresponding professional colleges and the competent administrative or judicial courts".Art. 25. . Please note that for the purposes of section 15 of Act No. 22,250, the compulsory contribution to the Unemployment Fund, during the temporary incapacity to work established in Act No. 24,557, shall be made by the employer on an amount equal to that of the established income benefits, for that period, in the same Act. Art. 26. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. .Jorge A. Rodriguez. . José A. Caro Figueroa.