REGIME FEDERAL of employment protected for PERSONASCON disability regime FEDERAL of employment protected for people with disabilities Law 26.816 create the Federal regime of protected employment for people with disabilities. Sanctioned: 28 November 2012 fact promulgated: 7 January 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: regime FEDERAL employment protected for people with disabilities chapter I article 1 - creation and objectives. Create is the regime Federal of employment protected for people with disability, with jurisdiction in all the territory national of the Republic Argentina, which will have them following objectives: 1. promote the development work of them people with disability improving the access to the employment and enable the obtaining, conservation and progress in an employment protected and/or regular in the field public and/or private. For this purpose the overcoming of skills, competencies and attitudes of persons with disabilities, according to the requirements of local labour markets should be promoted. 2 to promote the technical and economic strengthening of agencies responsible for generating conditions protected employment and production involving persons with disabilities. This scheme will be managed by the implementing authority, with budget appropriations covering the budgets of the national public administration and, where appropriate, provincial governments and of the city of Buenos Aires, under the principles of shared responsibility, partnership, cooperation and coordination, to ensure its effective and uniform operation throughout the national territory. Enforcement authority shall coordinate the activities of the agencies involved for the development of the present regime and encourage its strengthening. The enforcement authority will promote, especially through the Federal Labour Board, the active participation of provincial, of the autonomous city of Buenos Aires and municipal governments in the country for technical assistance, financing and control, as well as the incorporation of other national public bodies, in order to build a Federal Network for employment protected.
Article 2 ° - modalities of protected employment and responsible bodies. The implementation of the https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 this scheme will be carried out through the following types of employment: 1. protected special workshop for employment (TPEE); 2. protected production (TPP) workshop and 3. Labor groups protected (LPG). They may be responsible bodies of the first two (2) modalities, institutions public or private nonprofit with own legal entity, whose qualification must be determined according to the features they will be detailed in the following articles. The responsible bodies must register in the register of agencies responsible for the protected employment, which the implementing authority shall organize as the entry into force of this law. To that end, should: to) be constituted legally as juridical persons; (b) be enabled by the enforcement authority, prior compliance with the requirements determined by the regulation; (c) be responsible for the compliance of the rules handed down to the management of the various forms of sheltered employment are carried out.
Article 3 ° - identified as special protected workshop for employment (TPEE) that aims to provide its members a special job that allows them to acquire and maintain the competencies for the exercise of a job according to the demands of the local labour markets and their functional possibilities. The special protected workshops for employment (TPEE) shall promote for the benefit of their workers the following actions: 1. promotion of the educational orientation in the formal education system; 2. from training to employment in productive activities or services; 3. for training and ongoing training according to the needs of local markets; 4. any activity that tends to improve their adaptation work, social and family; 5 support for the job search and employment assistance: to) protected production workshops; (b) protected labor groups); (c) public or private companies with regular formal employment; d) self-employment; (e) micro-enterprises. 6. coordination with the employment services network, made up of municipal employment offices created by the resolution of the Ministry of labour, employment and safety Social No. 176 on March 14, 2005, to facilitate labor insertions.
Article 4 ° - is deemed protected production workshop (TPP) that develop activities productive, commercial or service to the market, and must provide their workers a gainful employment and the provision of labour and social adaptation that require. Its structure and organization will be similar to ordinary companies, without prejudice to its specific characteristics and the social role which should be adopted. Agencies responsible for can be operated jointly or indistinctly in the forms of special protected workshop for employment (TPEE) and/or workshop protected production (TPP), and may move their workers with disabilities from one to another mode, when the same is done for the benefit of these.
https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 article 5 ° - will be considered protected labour groups (LPG) sections, or cells from enterprises, public or private, consisting entirely of workers with disabilities.
Article 6 ° - as determined by the regulations, the responsible bodies of the workshops protected special for employment (TPEE) and of the protected production workshops (TPP) must evaluate the functional competence of persons with disabilities within the Federal regime of employment protected for its setting in one of these modalities. The enforcement authority will audit the procedure and may revoke the assessments.
Article 7 ° - beneficiaries. You can join the various forms of the present regime, persons defined in article 2 of law 22.431 and its amendments, which do not have a job and who manifest their decision be inserted in an organization of work. They must be registered with the municipal employment offices referred to in article 3 °, paragraph 6 of this law, that corresponds to his home and having the certification issued by the competent authority, in accordance with article 3 of the aforementioned law 22.431, its standards complementary and in the special provisions of the provincial legislation.
Article 8 ° - prior to the start of the relationship with the body responsible for a special protected workshop for employment or production, should be done in the terms provided for in article 6 of this law, a functional assessment of persons interested to merge under the different modalities of this scheme, for the purposes of determining the potential of their abilities for the job.
Article 9 ° - Personal support. Aiming to the development of the different modalities of protected employment permitted technical rationality, this scheme will finance the professional services of technicians, specialists, or qualified personnel, which will form the multidisciplinary team in support of the responsible agencies. Members of the multi-disciplinary support team should respond to directives which issued by the responsible bodies and which are necessary to carry out the management of the different modalities, evaluate the functionality of members, promoting social, employment and family integration and management tasks resulting from his incumbency. The regulation will determine the amount of personnel that shall be part of the team, their specialties, remuneration and responsibilities, taking into account the dimension of the responsible body, the complexity of the task undertaken and the number of people with disabilities included in each one of the provisions laid down in this law.
Chapter II of the special for employment (TPEE) protected workshops.
ARTICLE 10. -Characterization and requirements. Characteristics listed in article 3 of this law for the protected special workshops for employment (TPEE), involve agencies responsible who are its owners, the following conditions: https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 1. Workers with disabilities perform there must be people with disabilities, unemployed, with low productivity, with difficulties to enter employment in a workshop protected production (TPP), a protected work group (LPG) or in formal employment according to the evaluation that perform enforcement authority, according to the guidelines established by the regulations; 2. workers with disabilities can perform tasks for the production of goods and/or services and for marketing, in order to carry out training for employment practices, so it allows them to incorporate the skills and competencies required in the competitive work; 3. revenues generated by the marketing of that produced by the activity of such persons, must only be inserted to strengthen the achievements of the objectives assigned to the workshops by the present regime or to improve the quality of life for them.
ARTICLE 11. -Obligations of the special protected workshops for employment (TPEE). The agencies responsible for the workshops protected special for employment (TPEE) shall: 1. register as a holder of the modality that adopt and give discharge of workers with disabilities, prior to the start of their personal allowance, which for this purpose shall be enabled; 2. promote activities for grant to their members training permanent and updated according to them requirements of them markets labor, keep updated them same through the training labor and implement them actions and programs that generate the authority of application; 3 provide to workers with disabilities services labour and social adaptation required for the purpose of contributing to the fulfilment of the objectives of the present regime; 4 carry out the follow-up on the evolution of workers with disabilities, promoting their development in higher productivity tasks, enabling them to constantly improve their employability; 5. provide support to workers with disabilities in their search for employment and develop job placement activities in coordination with the offices of the employment services network; 6 coordinate the tasks of the multidisciplinary team of support according to guidelines to be determined by the regulations of the present regime.
ARTICLE 12. -Obligations of workers with disabilities in the workshops protected special for employment (TPEE). Workers with disabilities are in a special protected workshop for employment (TPEE) shall regularly attend the activities assigned to them, with a maximum of eight (8) hour working day and a minimum of four (4) hours, as determined in accordance with the functional possibilities of the operator and the availability of the workshop; observe punctuality; put effort on the activities assigned and completed standards determined by the regulations.
ARTICLE 13. -Special duty. Special duty is considered to the established between a worker with disabilities through accredited certificate issued by the competent authority and the responsible agency of a special protected workshop for employment (TPEE) where develop special papers that are detailed in the article 3 of the present. These special works not set a contract of work in dependency relationship governed by the law of contract of work 20.744 (t.o. 1976) and its amendments, without prejudice of the incentives provided for in subparagraphs a) and b) of article 26 of this law.
Chapter III https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 of the workshops protected production (TPP).
ARTICLE 14. -Characterization and requirements. Characteristics listed in article 4 of this law for the protected workshops of production (TPP), involve agencies responsible who are its owners, the following conditions: 1. staff of the protected production workshops (TPP) templates should be integrated, as a minimum, in Eighty percent (80%) with people with disabilities. This minimum shall be seventy per cent (70%) in the case of protected production workshops (TPP) with less than ten (10) workers; 2 production (TPP) sheltered workshops and their workers should be production of goods and/or services, regularly participating in market operations, in order to generate income to the self-sustainability of this social entrepreneurship; 3. the contract of employment that is set is indefinite. However, contracts may be concluded by time, when the nature of the work so requires, according to the exceptions provided for in the law of contract of work 20.744 (t.o. 1976) and its amendments, as well as legal and conventional norms that are applicable; 4 carry out the follow-up on the evolution of workers with disabilities, promoting their development tasks for higher productivity allowing them to constantly improve their ability to be inserted in a regular job.
ARTICLE 15. -Obligations of the protected production workshops (TPP). In its capacity of employer, the agencies responsible for the workshops protected from production (TPP), are obliged to: 1. register as a holder of the adopted mode and be discharged of its workers, before the start of their personal allowance, which for this purpose shall be enabled; 2 promote the employability of their workers in regular jobs; 3. comply with the current labour and social security regulations, with the particular conditions laid down in this law.
Chapter IV of the groups work protected (LPG) article 16. -Characterization and requirements. Characteristics listed in article 5 of this law for the modality of protected labor groups (GLP), will involve for employers the following conditions: 1. sections or cells must be composed of not less than two (2) workers in companies with up to twenty (20) workers, three (3) workers in companies with up to fifty (50) employees, and six (6) workers at least in companies with more than fifty (50) employees; 2. companies that constitute protected labour groups (LPG) should offer technical https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 AIDS and shares training necessary for an effective integration of people with disabilities in their jobs that allow them to obtain and keep an unprotected formal employment; 3 if applicable, on the basis of the type and degree of disability of workers, must provide a support service for employment, which will contribute to the adaptation of workers with disabilities to work. This service will provide through a public or private organization or service or through the establishment of a domestic regime of labour tutorials.
Chapter V special scheme of Social Security for protected employment article 17. -Creation. Institute, national scope and subject to the provisions of this law the Special Social security scheme for the protected employment, comprising workers included in this standard, that will provide coverage for the following contingencies: a) old-age, invalidity and survivors; (b) disease; (c) family loads; (d) occupational hazards. Workers included in this law shall be considered affiliated with the regime Previsional public of system integrated Previsional Argentino (SIPA), regulated by the 26.425 law and its amendments. This system will cover the contingencies of old age, invalidity and death, without prejudice by 20.475 and 20.888 laws.
ARTICLE 18. -Exclusion. It shall not apply this scheme to workers in a relationship of dependency, without being beneficiaries of the Federal regime of protected employment for people with disabilities, provide services in special protected workshops for employment (TPEE), protected production workshops (TPP) or in protected labour groups (LPG).
ARTICLE 19. -Performance. The workers included in the regime established by this law will have right to: to) benefits laid down in article 17 of 24.241 law and its amendments, as long as they are compatible with the present regime; (b) healthcare coverage of the system national of health insurance (law 23.661), with the limitations and scope which it establishes; (c) the family allowances provided for in law 24.714 and its amendments; (d) the cash and in-kind benefits provided for in chapters IV and V respectively, 24.557 law and its amendments.
ARTICLE 20. -Requirements. Access to the Basic Universal allowance (PBU), established in article 19 of the law 24.241 and its modifications, will require twenty (20) years of service and forty-five (45) years of age, provided that they prove that during the ten (10) years prior to the cessation or the https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 application for the benefit they served in special protected workshops for employment (TPEE) , Sheltered workshops production (TPP) or protected labour group (LPG). Shall be entitled to retirement disability members disabled that during their performance in special protected workshops for employment (TPEE), protected production workshops (TPP) or in groups work protected (LPG), renders in full for those activities that its initial capacity allowed them to play. In case of not having the twenty (20) years of service or not to accredit the ten (10) years of contributions prior to the cessation or the request for the benefit, which will be recognized to the beneficiaries of this scheme services and requirements referred to in the present subject to a charge for missed contributions, which will be deducted in monthly credit obtained under this pension scheme.
ARTICLE 21. -Contributions and contributions. (Contributions and contributions imposed by national laws in charge of the worker and the employer, with respect to covered workers in the present regime who provide services in the protected production workshops (TPP) or in groups work protected (GLP), shall be replaced by the stimulus provided for in subparagraphs c) and (d)) of article 26 of this law. In these cases, remuneration or income computed is exempted from the minimum limit which referred to article 9 of law 24.241. The regulation shall determine the basis of calculation in function of which will be financed benefits detailed in article 19 of this law, which correspond to workers with disabilities who play in the special protected workshops for employment (TPEE).
ARTICLE 22. -Financing. Benefits described in subparagraphs to) and c) of article 19 of the present, will be exclusively financed with resources listed in subparagraphs d), e), f), g) and h) of article 18 of law 24.241 and its modifications. The coverage described in subsection b) of article 19 of this law, will be financed by the national State, in accordance with modalities established regulations. Expenditures that requires compliance with law 24.557 and amended and paragraph (d)) of article 19 of this law, shall be charged annually to the budget corresponding to the jurisdiction 75 - Ministry of labour, employment and Social Security.
ARTICLE 23. -Compatibility. The perception of the sums that any charges accrued in favour of people with disabilities for the activities developed in the context of this law, shall be compatible with the perception of any kind of pension or benefit founded on work disability of its holder, of non-contributory; agreed by the system integrated Previsional Argentino (SIPA) or by any other public scheme social security earlier, national, provincial, municipal, or armed forces, or security or defense. This support is valid only in those cases where the total compensation of the tasks performed does not exceed the equivalent of three (3) minimum retirement assets. Otherwise, they should be made by the corresponding option to the respective authority, by itself or through its representative, Attorney or conservator, as appropriate. The option exercised in any case will import the extinction of the right, but only the suspension of their enjoyment during the period of provision with absolute incompatibility.
ARTICLE 24. -System of reciprocity. Services provided by workers with disabilities in special protected workshops for employment (TPEE), protected workshops of https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 production (TPP) or in protected labour groups (GLP) will be Computable in the other regimes retirement included in the system of reciprocity, with the requirements of age and services provided for in article 20 of this law.
ARTICLE 25. -Application of the General System. 23.661, 24.241, 24.557 24.714 laws and their respective amended regulations will be of supplementary application, insofar as they do not oppose this scheme.
Chapter VI of the stimuli and their financing article 26. -Stimuli. The special protected workshops for employment (TPEE) and the protected workshops of production (TPP), for the fulfilment of the objectives envisaged in the present regime shall apply to economic stimuli which are detailed in the present. He expenditure that sue its application will be to charge of the State national by a period of twenty-four (24) months, which must incorporate them credits budget that are necessary to the budget General of it administration national in the jurisdiction 75-Ministry of work, employment and security Social. to) a monthly allowance stimulus, not salary, equivalent to forty percent (40%) of the current Vital and mobile wage, for each worker with disabilities who perform in the form of special protected workshop for employment (TPEE); (b) along with allocating stimulus in June and December of each year, the worker with disabilities who play in the form of special protected workshop for employment (TPEE) will receive a benefit of fifty percent (50%) of the amount that that concept appropriate you perceive that month; (c) the payment of one hundred percent (100%) of the personal contributions provided for in article 21 of this law; (d) the payment of one hundred percent (100%) employer contributions that are payable with respect to the beneficiaries who provide services in the form of protected production workshop (TPP) and protected working group (LPG); (e) one hundred per cent (100%) of the fees paid to the members of the multidisciplinary team of support envisaged in article 9 of the present; (f) one hundred per cent (100%) of the resulting contribution for the recruitment of insurance of risk work planned in 24.557 law and its amendments, and/or which replace it, with respect to the beneficiaries of this law; (g) a mapping stimulus equivalent to fifty percent (50%) of the monthly basic salary of the Maestranza staff and service, category 5th., of the collective agreement of labour no. 462/06 for civil and sports institutions, or which replaces him, imputable to account of salary that corresponds to each beneficiary covered by a responsible agency with the modality of protected workshop of production (TPP) which must satisfy the remaining sum to complete the remuneration; (h) the organisms responsible for complying with the objective of effectively improve the employment situation of their beneficiaries, will be creditors to an award for requalification. The enforcement authority must clearly determine objective guidelines to that effect and the amount of such economic assignment which the responsible body will be creditor.
https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 article 27. -The enforcement authority must complete the incorporation of the provinces of the autonomous city of Buenos Aires and the municipalities to the present Federal regime and negotiate agreements of co-responsibility for the financing thereof, within one period not exceeding twenty-four (24) months. A_tal_efecto leads to the following distribution of responsibilities: a) the incentives provided for in article 26, paragraphs to), b) and g), in charge of the provinces, the municipalities or the Ciudad Autónoma de Buenos Aires; (((((b) the incentives provided for in article 26, subparagraph c), d), e), f) and h), in charge of the national State.
Chapter VII penalties article 28. -Offences and penalties. Infractions will be considered for this scheme: 1. falsifying documentation of beneficiaries of the Federal system of protected employment for people with disabilities foreseen in article 7 of the present; 2 skip to unsubscribe the recipient when necessary; 3 perceive the financial incentives provided for in this law, without entitlement to them. The national executive power shall establish sanctions applicable to the bodies responsible for and/or to workers with disabilities who incur above infringements, which may consist in fine, suspension of the stimuli or final cancellation of the same, according to the entity of the lack and the background of the case and the institution.
Chapter VIII implementing article 29 authority. -The Ministry of labour, employment and Social Security will be the authority for the application of this Act and such will dictate the necessary complementary and explanatory rules for its implementation. Obligations of the implementing authority shall be: to) the administration of the present regime, coordination with the provinces, the autonomous city of Buenos Aires and the municipalities of efforts and technical assistance to public and private bodies which manage special protected workshops for employment (TPEE), protected production workshops (TPP) or protected labour groups (LPG); b) promote measures and actions for the strengthening of the protected special workshops for employment (TPEE), of the protected production workshops (TPP) and of protected working groups (LPG); (c) promote the articulation of the protected production workshops (TPP) with agencies and actors that interact in different programmes of local development; d) provide technical assistance and specific training to the directors of the responsible bodies and professionals, technicians and qualified multidisciplinary teams;
(e) promote the commercial articulation between the State, the companies of the regular market with special protected workshops for employment (TPEE) and the protected production workshops (TPP); (f) promote measures to make the special protected workshops for employment (TPEE) and the protected production workshops (TPP), preferential suppliers on purchases made by the agencies of the national State, the provinces, the autonomous city of Buenos Aires and the municipalities; (g) strengthen the various forms of the present regime through specific programmes and promotion of greater benefits for people with disabilities in programs of employment and vocational training that is running; (h) promote that special protected workshops for employment (TPEE) and the protected production workshops (TPP) may be direct suppliers of the national State, the provinces, the autonomous city of Buenos Aires and the municipalities; (i) the protected production (TPP) workshops may participate in competitions for national, provincial and municipal subsidies and to that effect must be considered in preferentially.
ARTICLE 30. -Permanent Advisory Committee. Create the Standing Advisory Committee for the technical administration and Finance of the present regime. The Commission will be coordinated by one (1) representative of the Ministry of labour, employment and Social Security. The national executive power shall establish their integration and regulation of operation, must predict which of the same part at least one (1) representative of the Federal Council of labour, one (1) representative of the National Advisory Commission for the integration of persons with disabilities and three (3) representatives of public and private institutions whose actions have finally promote the labour integration of people with disabilities.
Chapter IX benefits tax article 31. -Special deduction. Employers who give jobs to people with disability from special protected workshops (TPEE) employment or of protected production workshops (TPP) are entitled to the computation of a deduction in the determination of the income tax, equivalent to one hundred percent (100%) of the gross compensation actually paid the personal disabled in each fiscal period. In these cases shall not apply article 23 of the law 22.431.
ARTICLE 32. -Exemption from tax. In business activities carried out by the responsible bodies of the protected special workshops for employment (TPEE) and of the protected production workshops (TPP) for the fulfilment of the objectives set in this law, operations, property, income and other assets shall be exempted from the value added tax, imposed internal and any other national tax. It shall not apply, for this case, the second paragraph of article 2 of law 25.413. In the case of imports, the domestic taxes and value added tax exemption shall be limited to capital goods.
https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 0 item 33. -The body responsible for purchases. Agencies responsible for may request refund of the tax to the added value which would have been billed them for shopping, locations or services that effectively destinaren activities covered in the previous article, in the terms that has the regulatory. In addition, providers, landlords, or service providers of these organisms, are obliged to leave a record of the amount of this tax in the respective invoice or equivalent document issued by these operations referencing this law.
ARTICLE 34. -Operative commercial. Agencies responsible. Situation against the value added tax. Bodies responsible for implementing modalities of employment protected in accordance with article 2, paragraphs 1 and 2 of the present, registered and authorized by the Ministry of labour, employment and Social Security may choose to enroll in the value added tax and determine the tax in accordance with the General rules of the tribute Act, when it is necessary for reasons of operative and/or commercial competitiveness. In such cases, will not be applicable planned exemption from the value added tax return referred to in article 33 or article 32.
ARTICLE 35. -Debt forgiveness. Condonanse social security debts generated from the date of entry into force of the law 24.147 and consolidated at the date of entry into force of this law the workshops protected production (TPP) governed by the law of 24.147 with organisms of fundraising for the national State, with livelihoods in the obligations of 18.037, 24.241 laws and their amendments.
ARTICLE 36. -Empowered the Ministry of economy and finance and the Federal Administration of public revenues to enact complementary and explanatory rules which are necessary in order to implement the provisions contained in this chapter, in the field of their respective competencies.
Chapter X rules complementary article 37. -Transitional provisions. The workshops protected production (TPP) currently governed by law 24.147 will have to revisit, starting from the entry into force of the present, as special protected workshops for employment (TPEE) until, as determined by regulation, they may be reclassified as a protected production workshops (TPP).
ARTICLE 38. -Accessions. Invited to the provinces, the autonomous city of Buenos Aires and the municipalities to specifically adhere to this law.
ARTICLE 39. -Entry into force and repeal. This law shall become effective from the first working day of the month following the date of its publication in the official bulletin of the Argentina Republic being repealed from that date the law 24.147 1 https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09.
ARTICLE 40. -For the purposes of the immediate implementation of the regime established by this law, empower the Chief of Cabinet of Ministers to adjust budget appropriations.
ARTICLE 41. -Communicate to the national executive power.
GIVEN IN THE ASSEMBLY HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 28 NOVEMBER OF THE YEAR OF TWO THOUSAND TWELVE.
-REGISTERED UNDER NO. 26.816 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 09/01/2013 https://www.boletinoficial.gob.ar/pdf/linkQR/RDBQcEdmVWI0Q0JycmZ0RFhoUThyQT09 2