Risk Of Working Capital - Increase - Full Text Of The Norm

Original Language Title: RIESGOS DEL TRABAJO TOPE DE CAPITAL - INCREMENTO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
RISKS OF WORK Decree 839/98 Please note that the increase in the cap of the capital that will be integrated for the benefit determined in Act No. 24.557, article 15, paragraph 2.

Bs. As., 20/7/98

VISTO the provisions of Act No. 24.557 establishing the national system for RISKS OF WORK; Decree No. 559 of 20 June 1997; and


That article 1 of paragraph 2 (b) of the above-mentioned legal standard provides for the repair of damages resulting from work accidents and occupational diseases.

That in the area of repair of the risks arising from work, Chapters IV and XV of Law No. 24.557 have provided for the legal regime of the allowances to be granted to workers who are affected by contingencies or occupational diseases, and in the event of their death, to their beneficiaries.

It is inherent in the very nature of the RISK system of WORK, the establishment of regulatory conditions that ensure the protection of the worker against the contingencies arising from his work, in accordance with a framework of predictability and reasonableness that is objectively necessary for the functioning and development of the adopted system.

That in order to the above-mentioned regulatory conditions were stipulated within the aforementioned system of dinerary benefits, certain limits for compensation to be awarded on the basis of the work incapacities affecting the worker or in the event of the death of the worker.

With regard to the full permanent disability or death of the worker, article 15, paragraph 2, of Act No. 24.557 established a benefit whose value may not be higher than CINCUENTA and CINCO MIL PESOS ($ 55,000).

That the third and fourth paragraph of Article 49, paragraph 3, of the Final Provision, of Law No. 24.557, provided a similar figure for cases where permanent incapacity was lower than the CINCUENTA BY CIENTO (50 %).

That while Decree No. 559 of 20 June 1997, a second stage of the entry into force of the system of allowances for partial permanent incapacities was passed on, the same did not alter the cap initially, established by the provision cited in the preceding consideration.

In the light of the recent validity of the system of RISKS DELTRABAJO, it is necessary to carry out its ongoing monitoring and evaluation, in order to analyze and arrange those measures that favor its development and improvement.

That the aforementioned legal rule in article 11, paragraph 3, empowered the NATIONAL EXECUTIVE POWER to improve the value of the dinerary benefits established when the overall financial conditions of the WORKING RISK system so permit.

That the SUPERINTENDANCE OF RISKS OF WORK, in its capacity as a regulatory and supervisory agency of the RISK regime of WORK, in view of the evolution experienced by the system and on the basis of the analysis carried out in this regard, has been issued advising to increase the dinerary figure that was timely established for definitive incapacities through Law No. 24.557.

The assessment of the average value of the liquids perceived by the Occupational Risk Assurers shows the feasibility of increasing the value set as a ceiling for the above benefits, without significantly affecting the overall financial solvency of the system.

That the SUPERINTENDANCE OF RISKS OF WORK, in accordance with article 40, paragraph 2, of Law No. 24.557, has formulated the COMMANENT CONSULTIVE COMMITTEE of the RISK LAW OF WORK, the relevant consultation on the proposal to increase the said compensatory cap.

That said Committee was issued in favour of the above-mentioned initiative of SUPERINTENDANCE at its meeting on 14 May 1998.

That among the purposes contained in the system established by Law No. 24.557, the possibility of improving in quantity and quality the benefits received by the injured worker and, in the extreme case of his death, his or her beneficiaries should be constantly addressed.

That, in this regard, the increase in the volume of the allowances constitutes an advance in the attainment of the ultimate purpose of the norm, which is the integral protection of the worker.

That in merit and in accordance with the powers expressly conferred by article 11, paragraph 3, of Act No. 24.557 it is appropriate to take the measures by providing for an increase in the amount of allowances to be granted in the event of the worker ' s permanent incapacity or death, as well as the remaining permanent incapacity to work.

That the present is determined by virtue of the powers conferred by article 11, paragraph 3 of Act No. 24.557 and article 99, paragraph 2, of the NATIONAL CONSTITUTION.




Article 1 Artículo Please note that the increase in the cap of the capital that will be integrated for the benefit set out in Act No. 24.557, section 15, paragraph 2, which may not exceed the amount of CIENTO DIEZ MIL PESOS ($110,000). Art. 2o o Please provide that the maximum amount set by the preceding article shall be applicable in respect of the calculation of the benefit set out in the third and fourth paragraph of section 49, paragraph 3, of the Final Provision. Art. 3o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . Antonio E. González.