law of December 14, 1956
HERNAN MISSILES ZUAZO
CONSTITUTIONAL PRESIDENT OF THE REPAsBLICA
For How Much: The H. National Congress has sanctioned the following Law:
The H. Congress National.
ArtA-article First.â€ " The Social Security Code referred by the Executive Branch to the H. National Congress with special message NA ° 1527/56, dated 19 December, will be considered as Law of the Republic. September 1956, with the following modifications:
a) Deleted : (*)
1.â€ " The second paragraph of the article 7A, (8A°).
2.â€ " The last minute of the article .9A °, (10A°).
3.â€ " The last paragraph of the article 134a °, (136A°).
4.a € "Articles 187A to 215A °, inclusive; 236A °, 281A °, 282A °, 314A °, 320A °, and 322A °.
b) New wording is given to the following items:
1.a €" ArtA-cull 5A ° â€ "The item (a) will be:" Social Security Fund Railway, Annexas and Transportes AA©reos dÃ© Bolivia, which will be in charge of the compulsory Social Security and Family Allowances, for its members. "
(*) The numbers between the thesis and the nuanced black letter correspond to the new article of the Social Security Code that was addressed according to the Camaral Resolution that is published at the beginning of this booklet.
Subsection b) "A Military Social Security Fund that will be in charge of the compulsory Social Security and Family Allowances for its affiliates."
2.a € "ArtA-culo 11A ° (2 °).â€" The second sentence will be: " The insured who will cease in a job subject to the compulsory Social Security may ask the Caja for authorization to continue voluntarily insured in the insurance of sickness and maternity, or of invalidity, old age and death or both, according to the cases, in such case the total contribution for the insurance or the insurance that would have been chosen. "
3.a € "ArtA-ass 12A ° (3 °).â€" Subparagraph b) dirA ¡:
insured worker: the person, whether a worker, employee, member of cooperative of production or apprentice, who is subject to the field of application of this Code. "
4.a € "ArtA-culo 19A ° (20 °)â€" DirA:" In places where the Box does not have its own or contracted health services, it may authorize, on a case by case basis, the insured with the use of particular health services. The Fund shall pay the total amount to the person concerned. "
5.a €" Article 29A 30 °)â€" DirA: " The insured person who has suffered an accident at work or is presumed to be affected by a occupational disease must communicate this fact to the employer, either directly or through the third person. The employer must inform the Caja in the term of 24 hours of the accident or the suspected illness, through the forms of denunciation of accident or declaration of occupational disease. If the employer fails to make such a complaint, it shall be liable for a fine which shall be set out in the Rules of Procedure. The health care costs given to the insured person will be paid on behalf of the employer until the complaint is filed. "
6.â€" ArtA-culo 30A ° (31 °).â€" DirA ¡ " The granting of benefits in kind by the Caja no excludes the obligation that any employer has, in accordance with the General Labour Law and its Regulations, to supply the injured worker with the first aid. To this end, each employer has the obligation to maintain, in the workplace, a post of assistance provided with the drugs and implements that determine the Box.
In the mines and the centers far from the cities, this service will be The responsibility of a health care worker up to the limit of 30 workers. After this number, the employer is obliged to hire the services of an optional.
The Box is obliged to control the compliance of this measure by imposing a fine in case of omission, the amount of which will establish the Regulation.
7.a € "ArtA-ass 33A ° (34 °).â€" DirA:" In case the medical services of the Caja determine a surgical intervention or other treatment that the patient considers dangerous for his/her life, he/she may request the opinion of another professional who corroborates or disagrees with the opinion of the medical services of the Box for subsequent purposes. If the optional consulted does not belong to the Caja, their fees will be cancelled by the patient. "
8.â€" ArtA-cull 59A ° (61A°).â€" DirA: " The sickness allowance is equivalent to 100% of the national minimum wage of the worker who is required to receive the allowance, more than 70% of the basic salary surplus on the minimum wage.
The national minimum wage referred to in the previous paragraph is that set by the Executive Branch by means of a Supreme Decree. The allowance for policyholders who enjoy pulperA-a with frozen prices will apply to the national minimum wage of a worker belonging to this class of workers.
The allowance, within the limits set in Article 79A ° (81A°), shall not be superior in any case, to the salary deducted the contribution of the worker to the social insurance ".
9.â€ "ArtA-arse 79A ° (81 °)â€" DirA:" For the cA of the cash benefits, provided for in this Code, the salary shall be taken into consideration in its entirety up to a maximum limit of Bs. 6.000.â€ "daily or" Bs ". 180,000,â € "monthly and, in the proportion of 30% for the surplus sums.
The indicated ceiling, cannot in any case be less than the weighted average general of the wages of the insured workers".
10.â€ "ArtA-arse 80A ° (82 °).â€" DirA:" The review of the articles of the previous article, shall be carried out as many times as necessary the Executive Councils of the Institution ".
11.â€" ArtA-culo 130A ° (132A°).â€ " DirA: " It is established by the employers, the contribution of 21%, for the compulsory Social Security, to be calculated on the total amount of salaries without limitation.
AdemA, employers will contribute 13% for the family allowance scheme to be calculated on the same total amount of wages without limitation. "
12.â€" Article 131A ° (33A°).â€" DirA: " The employers that have workers who enjoy the benefit of pulperA-a with frozen prices will contribute to the compulsory Social Security with 21% to be calculated on the total amount of the incidence by loss of pulperA-a with frozen prices, regardless of the contribution a reference to the previous article ".
13.â€ "Article 132A ° (134A°).â€" DirA:" Regardless of the employer contributions provided for in Article 134A 136A°), the State shall contribute the State contributions to the compulsory Social Security, in instalments These are calculated on the total amount of non-limiting salaries received by the workers incorporated in the field of application of this Code. This obligation will be effective from 1A ° January 1957, as follows:
For the first year, 1% of the total amount of wages,
"" second " 1.5% "" " "
"" third " 2% "" ""
"" fourth " 3% "" ""
"" fifth " 4% "" ""
From the sixth year onwards, 5% of the total amount of wages.
These contributions have provisional cter, with the State having to take care of the eventual increases that will determine the technical-actuarial study Article 321A ° (295)".
14.â€" ArtA-Aculo 145A ° (147A°)â€" DirA ¡: " The sufficiency of the resources of the compulsory Social Security, should be checked by the Ministry of Labour and Social Security, at least every three years. To this end, the National Social Security Fund will present a balance sheet to the general of the institutions that manage the Mandatory Social Security, proposing to the Ministry the variations that are necessary to readjust the system of benefits, the system of contributions, or both, according to the cases. "
15.â€ "ArtA-arse 147A ° (149A°).â€" DirA ¡:" The administrative expenses of the regA-menes introduced by this CAAS to be calculated on the amount of contributions corresponding to each regime, will be the following:
â€ " Mandatory Social Security??? ? ????? .. 12%
â€ " FAMILY ALLOWANCES? ????? 8%
The administrative expenses will not exceed, in any case, the end-limit. However, for its eventual modification, the Box will raise a report to the Ministry of Labor and Social Security, which, if justified, may authorize by way of Supreme Decree. "
16.â€" Article 148A ° (150A°)â€" DirA: " La Box is authorized to carry your accounting in mechanized form. Their accounting documentation, as well as, will be used for the ensuing legal effects. "
17.â € "ArtA-ass 149A ° (151A°).â€" DirA:" As long as it is not determined, based on the results of the technical-actuarial study referred to in article 321A ° (295A°), the rate of contributions and in general, the Financial system, reserves of insurance of occupational risks and of invalidity, old age and death, cannot be invested but for the following purposes:
a) In the proportion of 60% for construction and provision of equipment for Health and maternity insurance institutions. These investments will be considered as loans granted to such insurance, will accrue an annual interest of 5% and will be amortized in a period of not more than 15 years;
b) In the ratio of 10% for the implementation of the Social cter, such as the creation of bio-chemical institutes, manufacturing of protection implements in industrial safety, and others pursuing the objectives
with a view to reducing costs and improving the attention of health, maternity and occupational risks insurance. Such investments shall be considered as loans on an annual basis of 5% per year as a minimum and shall be amortised over a period of not more than 15 years;
c) In the ratio of 20% for investments in assets or guaranteed securities by the State, having to procure an income of not less than 8% per year;
d) In the proportion of 10% for individual loans with guarantee-to mortgage for constructions of houses of social interest. These investments shall not be less than 8% per year and shall be amortised over a period of not more than 15 years.
The investment of reserve funds is strictly prohibited, in profit-making companies. "
18.â€" ArtA-Aculo 162A ° (164A°).â€ "DirA:" The actuarial services, of the state-the-art and the most machines, asA-as of accounts For all the working population of the country, including the members of the Eject â€ "except the conscryptosâ€", they will be in charge only of the National Social Security Fund, which has the complete equipment of more machines.
It is clarified that the Social Security Fund of the Railway, Annexed Branches and Transports of Bolivia have autonoma-to administrative, economic and technical and is in charge of developing the Social Security for the group of its affiliates, conformity with its OrgA law. "
19.â€ "ArtA-culo 169A ° (171A°).â€" DirA ¡:" The Board of Directors of the Caja will be formed by a President appointed by the President of the Republic of the Republic of the Republic of Bolivia and by the following Members:
Two representatives of the Mining Corporation of Bolivia, for the minerA-a grande;
A representative of the CA National of MinerA-a, for the minerA-medium and small-a;
A representative of the Oil-Feros Bolivianos;
A representative of the CA National mara of Industries;
A representative of the National Chamber of Builders;
A representative of the CA National Chamber of Commerce;
A representative of the bank and insurance employers;
A representative of the State, as employer of the public employees, who will be the Comptroller General of the Republic;
Two representatives of the mining workers;
Two workers ' representatives oil;
Two representatives of factory workers;
A representative of construction workers;
A representative of trade workers;
A representative of the workers of the bank and insurance;
A representative of the public employees;
A representative of Bolivia's Union Confederation of Retirees;
Four representatives of the Executive Branch;
The General Manager of the National Social Security Fund, without a vote;
The Technical Manager of the National Social Security Fund, without a vote; and
Auditor of the same, without vote.
The Head of the Department of General Secretariat will perform the duties of Secretary, without a voice or vote.
This Council will also be composed of representatives of other labor sectors that will be incorporate the benefits of the Mandatory Social Security through express law.
Members of the Board of Directors shall be appointed by the Executive Branch, from the high standards by the bodies concerned. The Ministry of Labour and Social Security will dictate the rules for the election of these third parties.
Workers ' representatives to the Administrative Council of the National Social Security Fund shall be appointed by the Ministry of Labour and Social Security. Bolivian Labor Center of the Ternas proposed by their respective organizations. "
20.â€ "Article 245A ° (220A°).â€" The second subparagraph shall be: "The plans shall be made in two copies which shall be sent to the National Social Security Fund".
The third subparagraph of this Article shall be deleted. Article
21.â € "ArtA-culo 251A ° (226A°)â€" in. a) .â€" DirA ¡: " To the extent of appeal the resolutions delivered by the National Social Security Fund, the Social Security Fund of Railway, Annexe and Transports of the Bolivia, Caja de Seguro Social Militar y demA ¡ s entities de derecho pánicblico en matter de seguridad social ".
22.â€" Article 261A ° (236A°)â€ "subsection c) .â€" DirA:" The Chief of Staff of the General Staff ".
23.â€ "ArtA-culo 264A °(239A°)â€" Second page to be read: " The fingerprints of the General Directorate of the Police-as, the National Social Security Fund, the Social Security Fund of the Railway, the annexed branches and the Transports The Bolivian and the Military Social Security Fund will be organized with national authority and will serve as the only means of identification. The said bodies shall exchange data on the population groups they control in order to establish the same individual number for the persons in the registers of two or more institutions. "
24.â€" ArtA-cull 273A ° (248A°).â€ "First pÃ ¡ rtó dirA ¡:" For the purposes of the above article, it is essential that the listing increase in relation to the supplementary scheme of benefits ".
25.â€ "ArtA-culo 274A ° â€" (249).â€" DirA ¡: " The sectors which in the period covered by the application of the invalidity, old age and death insurance and the results of the technical-actuarial study referred to in Article 321A (295A°), would like to qualify for the optional rance according to the article 272A ° (47A°) may do so by contributing a higher contribution than the one determined by this Code, the surplus of which will be accumulated in a special account of the Caja, for the subsequent purposes. '
26.â€ "Article 276A (254A°).â€" DirA:" As from the promulgation of this Code, the provisions relating to sickness, maternity and occupational risks shall apply to workers falling within the scope of this Regulation. field of application of this CACODE resident in the cities of La Paz and Cochabamba.
27.â€ "Article 277A ° (255A°).â€" DirA:" The insurance of sickness, maternity and occupational risks shall apply in the other institutions of the Republic, in the following terms:
At 60 dA-as of the date of promulgation, in the cities of Oruro, PotosA-and Sucre;
At 120 dA-as of the date of promulgation, in the cities of Santa Cruz and Tarija;
Until December 31, 1957, for the other locations where the number of workers are sufficiently important, at the discretion of the Fund. "
28.â€ "ArtA-culo 284A ° (260A°).â€" DirA ¡": "The insurance of invalidity, old age and death shall apply in all the Republic of the Republic to the workers included in this Code, from the 1st of January 1957".
29.â€ "Article 311A ° (287A°).â€" Second subparagraph shall be read: " These workers shall be incorporated into the National Social Security Fund for the purposes of invalidity, old age and death insurance from 1 January 1957. As a result, the Fund of Public and Journalists will be incorporated from that date, into the National Social Security Fund, transferring its assets and liabilities to it.
30.â€ "ArtA-culo 312A ° (288A°).â€" DirA ¡" The workers of the National, Departmental and Municipal Public Administration shall be incorporated into the National Social Security Fund for the purposes of invalidity insurance, old age and death from the 1st of January 1957. Consequently, the Cajas Autónomas de Retires Administrativas, de Retireaciones de Educaciones, de Retires de Comunicaciones, de Retireaciones, Pensions y MontepA-os del Ramo Judicial, de Retireaciones Municipal and others of the same A-ndole They will be incorporated from the 1st of January 1957 into the National Social Security Fund, transferring to the National Social Security Fund the assets and liabilities of each of them.
The existing funds will serve to guarantee the service (i) the right to pay pensions to pensioners and to the recognition of the number of (a) the contributions of the assets, which, for this purpose, shall retain their rights in accordance with the results of the technical-actuarial study referred to in Article 321A 295A°).
The current actuarial performance will be cleared to the National Social Security Fund by the State until December 31, 1958.
The plant employees of the incorporated Boxes will be transferred to the National Social Security Fund, with the enjoyment of their own salaries, salaries and benefits.
The industries and farms of the Cajas refu