RISKS OF WORK

Law 26,773

System of arrangements for the repair of damage caused by accidents at work and occupational diseases. Sanctioned: October 24, 2012. Enacted: October 25, 2012.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARRANGEMENTS FOR THE ARRANGEMENTS FOR THE REPAIR OF DAMAGE CAUSED BY ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

Chapter I

Ordering of the Coverage

Article 1-The provisions on the repair of accidents at work and occupational diseases constitute a regulatory regime whose objectives are the coverage of the damage resulting from the risks of work with sufficient criteria, accessibility and automaticity of the cash and in-kind benefits established to compensate for such contingencies. For the purposes of the present, it is understood by means of reparation to the whole integrated by this law, by the Law of Risks of Work 24,557 and its modifications, by Decree 1694/09, its complementary and regulatory norms, and by which in the future changes or replace them.

Article 2-The money repair will be used to cover the partial or total decrease in the capacity of the worker affected to carry out productive or economically valuable activities, as well as their need for continuous assistance. in case of Great Invalidity, or the impact generated in the family environment because of his/her death. Medical care, pharmaceutical and rehabilitation benefits must be provided on the basis of the nature of the injury or the disability. These benefits may not be replaced by money, except for the obligation to transfer the patient. The right to repair money shall be computed, beyond the time when its origin and scope are determined, since the damage occurred or the appropriate causal relationship of the occupational disease was determined.

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The general principle of compensation is a single payment, subject to the adjustments provided for in this scheme.

ARTICLE 3-Where the damage occurs at the place of work or is suffered by the dependent while at the disposal of the employer, the survivor (victim or his or her right-holders) shall receive in addition to the cash allowances provided for in this scheme, an additional compensation for payment of a single payment in compensation for any other damage not repaired by the formulae provided for, equivalent to 20% (20%) of that sum. In case of death or total incapacity, this additional compensation will never be less than seventy thousand pesos ($70,000).

ARTICLE 4-Those required by law 24,557 and their modifications to the payment of the money repair must, within fifteen (15) days of notification of the death of the worker, or of the approval or determination of the incapacity of work of the the victim of an accident at work or occupational disease, to notify the survivors or their successors in good of the amounts to which they are entitled to receive by application of this scheme, specifying each concept separately and indicating that they are at their disposal for recovery. Survivors may opt out of the compensation provided for in this repair scheme or those which may be based on other liability systems. The different liability systems will not be cumulative. The principle of the collection of sums of money or the initiation of a court action in one or other system will imply that the option has been exercised with full effect on the harmful event. Judicial proceedings on the basis of other liability systems may only be initiated upon receipt of the authentic notification provided for in this Article. The prescription shall be computed from the day following the date of receipt of that notification. In the cases of judicial proceedings initiated by civil law, the substantive legislation, in form and the principles corresponding to civil law, shall apply.

Article 5-The perception of benefits in money, whether attributable to the replacement of wages in the course of the cure (ILT) or supplementary to Great Invalidity, as well as the receipt of benefits in kind, will not in any case involve the exercise of the exclusionary option provided for in the preceding article.

Article 6-Where, by judicial judgment, conciliation or transaction, reparation is determined on the basis of other liability systems, the Working Risk Assurance (ART) must deposit in the respective judicial file or the amount that would have been paid under this scheme, plus the corresponding interest, all of which will be deducted, up to its concurrence, from the sentenced or transacted capital. Likewise, the Occupational Risk Insurance (ART) will have to contribute in the payment of the costs, in proportion to the part of the compensation amount that would have corresponded to it in respect of the total amount declared in the sentence or agreed in the transaction. If the court judgment is for an amount lower than that which would have been paid for the application of this compensation scheme, the surplus must be deposited with the order of the Guarantee Fund of Law 24,557 and its amendments.

Article 7-The employer may contract insurance applicable to other liability systems which may be relied upon by workers affected by damages arising from the risks of the

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in the conditions to set the regulations that the Superintendency of Insurance of the Nation (SSN) will dictate.

ARTICLE 8-The amounts for permanent incapacity for work provided for in the rules of the repair system shall be adjusted in a general manner according to the variation of the RIPTE index (Average Taxable Remuneration of the Stable Workers), published by the Ministry of Labour, Employment and Social Security, to whose effect the relevant resolution will dictate the new values and their validity.

Article 9-In order to ensure equal treatment for the victims covered by this regime, the administrative bodies and the competent courts must adjust their reports, opinions and statements to the List of Diseases Professionals referred to as Annex I to Decree 658/96 and to the Inabilities Assessment Board provided for in Annex I to Decree 659/96 and its amendments, or those that replace them in the future.

Chapter II

Management of the Regime

ARTICLE 10. -The Superintendence of Insurance of the Nation (SSN) in conjunction with the Superintendence of Work Risks (SRT) will establish the indicators that the Job Risk Insurers (ART) will have to take into account to establish their regime of aliquots, among which are considered the level of risk and the presumed and effective claims; with more a fixed sum that, for each worker, corresponds to the Trust Fund of Professional Diseases. These indicators should be considered as follows: (a) The level of risk shall be in accordance with categories to be determined according to the degree of compliance with the hygiene and safety regulations, and other objective parameters than the rules set. (b) The range of aliquots fixed for each category shall not overlap with the ranges of aliquots established for the remaining levels. (c) the prohibition of schemes for bonuses and/or aliquots outside the level of risk established. (d) the prohibition of direct or indirect discrimination based on the size of the undertaking. The determination of the tax base shall be made on the total amount of remuneration and non-remunerative concepts declared by the employer on a monthly basis.

ARTICLE 11. -The system of aliquots must be subject to the standard by article 26 of Law 20,091, its modifications, and regulatory provisions, and will be approved by the Superintendence of Insurance of the Nation (SSN). If thirty (30) days of the presentation by the Work Risk Assurance (ART) of the control body has not been notified or rejected, the scheme shall be deemed to have been approved. Once one (1) year has elapsed since the addition of the aliquot to the employer's contract, the Job Risk Assurance (ART) will be able to modify it within the aliquots regime approved by the Superintendence of Insurance of the Nation (SSN). and prior notice with sixty (60) days prior notice to the employer. In this case, the employer may choose to continue with the

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contract of affiliation and the new aliquot or change of Job Risk Assurance (ART). Where the employer has a legal obligation to comply with a procurement system for public tenders, that period shall be extended to six (6) months.

ARTICLE 12. -For the purpose of a proper relationship between the value of the employer's share and the claims, the Superintendence of Work Risks (SRT) will make available to the Job Risk Insurers (ART) all the information about Claims registered in each of the establishments of the employers included in the scope of the scheme.

ARTICLE 13. -Two (2) years of the present term, the Superintendence of Insurance of the Nation (SSN), in conjunction with the Superintendence of Work Risks (SRT), will be able to establish new indicators for the fixation of the system of This is the case in the case of the Aaliquots by the Occupational Risk Insurers (ART), which aim to reflect the link between the quotas and the actual and presumed claims, as well as the levels of compliance with the hygiene and safety regulations. They may consider such effects: basic aliquots, a component of proportionality between the main economic activity and the highest risk to be carried out by the affiliated employer, supplements or reductions in proportion to the the level of non-compliance of the employer with the regulations in force in the field of hygiene and safety, as with the rates of accidents. The Superintendence of Insurance of the Nation (SSN), in conjunction with the Superintendence of Work Risks (SRT), will be able to set a system of uniform aliquots by covered collective, which will only recognize variations according to the level of probable and effective risk.

ARTICLE 14. -In the case of cover for repair established in other systems of liability, in excess of the provisions covered by this scheme, the premiums for dealing with it must be established separately, in accordance with the rules laid down in this Regulation. In this regard, they are governed by the Superintendence of Insurance of the Nation (SSN).

ARTICLE 15. -Employers will be entitled to receive from the Job Risk Assurance (ART) to which they are affiliated, information regarding the system of aliquots, the benefits and other actions that this regime puts in charge of that.

ARTICLE 16. -Work Risk Insurance (ART) will have to limit its budget in administrative expenditure and other non-lending expenditure to the percentage that jointly establish the Superintendence of Work Risks (SRT) and the Superintendence The National Insurance Fund (SSN), which will not be able to exceed 20 percent (20 percent) of the income that corresponds to them for that insurance. Within that amount, they may allocate to the sale or intermediation expenses in the sale of the insurance up to five percent (5%) of the total.

Chapter III

General Provisions

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ARTICLE 17.-

1. Articles 19, 24 and Article 39 (1), (2) and (3) of Law 24,557 and its amendments shall be deleted.

The payment of periodic income compensation provided for in that rule shall be

(a) processed in payment of a single payment in cash, with the exception of benefits

running.

2. For the purposes of the judicial proceedings provided for in the last paragraph of this law, it shall be

competent in the Federal Capital of National Justice in the Civil.

Invite the provinces to determine the competence of this subject in accordance with the established criteria

precedence.

3. In the judicial proceedings provided for in the last paragraph of this law, it shall be

application of the provisions of Article 277 of Law 20,744. It should also be considered as the amount of

The Court of the Court of the European Court of the European Court of

capital of conviction and that which the worker would have perceived-both in money and in kind-as

As a result of the repair scheme contained in this law, the quota pact is not admissible.

4. For the purposes of the deposit referred to in the first paragraph of this law, in the case of a judicial seat,

apply the interest at the rate laid down in the judgment from the enforceability of each claim. In headquarters

administration, the deposit will be made in a special fund managed by the Superintendence of Risk of the

Labour (SRT), the interest rate being applied at the rate envisaged for the updating of labour credits.

5. The provisions relating to benefits in money and in kind of this law shall enter into force

from publication in the Official Gazette and shall apply to the contingencies provided for in law 24,557 and

its amendments, the first invalidating manifestation of which takes place from that date.

6. Benefits in permanent incapacity, provided for in law 24,557 and its modifications, and

its update by decree 1694/09, shall be adjusted to the date of entry into force of the present

the law according to the RIPTE index (Average Taxable Remuneration of Stable Workers),

published by the Secretariat of Social Security, from 1 January 2010.

The general update provided for in Article 8 of this Law shall be carried out on the same time as the

Article 32 of Law 24.241 provides for the Integrated Contingency System for Argentina (SIPA).

modified by its similar 26,417.

7. The provisions relating to the amount and updating of the additional benefits due to Great Validity

shall enter into force on the basis of the publication in the Official Gazette of the present, irrespective of the

date of determination of that condition.

ARTICLE 18. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES,

TWENTY-FOUR DAYS OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND TWELVE.

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-REGISTERED UNDER NO 26,773-

JULIAN A. DOMINGUEZ. -BELOVED BOUDOU. -Juan H. Estrada. -Gervasio Bozzano.

Date of publication: 26/10/2012

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