ORGANIC law law of Ferroviarios.a€ "stable © ceases to Social box rail, streetcar and workers of adjoining branches."
ENRIQUE PEA'ARANDA C.
CONSTITUTIONAL PRESIDENT OF THE REPAŠBLICA.
As H. National Congress has enacted the following law: the National Congress DECREES: Arta-culo 1a °. â €"the Social box of railway, streetcar workers of adjoining branches, created by Presidential Decree of January 21, 1938 elevated to rank of law on 30 June of the same year, is Regira onwards under this law Orga nica.!"
Chapter I â €"beneficiary Arta-culo 2a °. â €" beneficiaries of the box are: employees and workers of the rail-track companies established or that they provide in the Paa-s; be they of face cter fiscal or particular, exploitation or construction;
Employees and workers of enterprises of light and power electric and phones that are concessionary services Pa public;
Professionals in the pay of the undertakings included in the terms of this law, subject to hours of work in accordance with the internal regulations of companies and provided that they are not favoured by laws of protection Ana logas to the present;
Staff-dependent contractors or subcontractors of any gender of work, of the companies mentioned above.
Arta-culo 3o.a€ "are not included in the benefits and obligations of this law, professionals, artisans and workers who are temporarily taken by the companies for additional work, such as construction or repair of buildings and other accessories."
CHAP. II â €"of the resources and of the administration of the box Arta-culo 4a °. â €" workers and the undertakings included in the previous Arta-culo, contribute compulsorily n towards the box, with the following resources: with the amount of the first month of salary or wages of the staff in the Arta-culo 2a °, including set bonuses or that they provide! without any limitation and in accordance with the forms of payment on December 31, 1937, payable in one year and 12 equal installments. Will not be n excluded employees hereinafter ingresaren companies or that they reingresaren, if they had not before been this discount from this contribution.!
The contribution of 5 per cent up to a thousand Bolivians, 6 per cent from a thousand one to two thousand Bolivians and 7 percent from two thousand Bolivians, of the remuneraciociones of all service workers, retirees and pensioners, that you will be deducted each month. The foreign employees subject to contracts, not this exempt from this discount n.
The intake monthly of listed enterprises in Arta-culo 2a °, in equal shape and proportion to the employees and workers, according the previous paragraph.
The product of the fines and discounts that companies inpusieren by law employees and workers, for faults committed in the exercise of their functions.
All salaries and unpaid wages, not claimed until its legal prescribe.
The two per thousand of the gross income of the companies.
All of the excess over the approved rates and not claimed by interested parties in the término of one year in the carriage of passengers, baggage, parcels and freight.
The deposits in guarantee of light meters and force electric power and services telephone, that had not been removed by interested parties within the period of one year, starting from the suspension of such services.
Fifty percent coming from fines and discounts the companies of fabric © phones, Luz y Fuerza Ela © ctrica, which statutorily imposed their subscribers by irregularities in the use of this kind of services provided by such companies.
Ten percent of the product's sales of materials of construction, tools, machinery, equipment and grounds of the companies.
Twenty percent of the value of passes free in relation to the travel made by bondholders, exempts moving passes them granted for service public or companies.!
Twenty per cent of the amount corresponding to offices free of freight charges for baggage, parcels and freight that the interested party must pay, except in the cases of service public or companies.
LL) twenty per cent of the Commission perceived enterprises by Recaudación of taxes of sewerage, pro-universities, etc.
One percent of the value of transfers, which make the concession companies in favour of subrogatarios.
Ten percent of the total of the warranty-as established in favor of the State, by studies, options, construction or operations of railways, tramway-as, phones, light and power electric.
A-the auction of surplus packages ntegro product.
Product A-ntegro of fines to the National Department of labour and the General Directorate of railways, imposed to companies, for breach of laws and regulations in force.
The contribution of the State with a million Bolivians, for one time, attributable to the account "Service of obligations of the State", of the national budget of 1941.
Interests or profits that yield investments that make the box and donations and legacies that are made on their behalf.
Arta-culo 5a °. â €"for la Recaudación and administration of the funds allocated to the box, will work a directory autonomous town, consisting of: A representative of the Government, a representative of the private companies a workers representative appointed by the Union League of rail, streetcar and branches attached, and a named representative of pensioners and retirees from its.!"
To be a member of the directory will be indispensable to be a Bolivian citizen.
Arta-culo 6a °. â €"shall not be member of the Board who exercises activities similar to the box, such as Pra © stamos, commissions and brokerage."
Arta-culo 7a °. â €"the delegate of the Government will be the Chairman of the Board." In case of absence or impediment, the Director of turn will make their times.
Arta-culo 8a °. â €"the Board of Directors is Regira by its rules of procedure and will be responsible for the administration of the case." The members of the Board afterwards n in its functions by the time of two years, and may be re-elected.
Arta-culo 9a °. â €"companies who understand the 2a ° Arta-culo this ¡(n obligados a recaudar bajo su responsabilidad inmediata y directa los descuentos a que se refieren los incisos a) (b) Arta-culo 4Â °, and to deposit them monthly along with the contributions and other benefits which they provide or make effective.!" The deposits will be n verified in cash and the order of the case, within the 30 days-as the month following.
Any delay in the fulfilment of this obligation, that pass for 45 days-as, will give rise to a charge of interests to reason from the 6 percent annually for the first month, 10 per cent by the second and 12 percent for the other, without prejudice to the fine that may be imposed by the Labour Court, a simple denunciation of the box , Bs. five thousand first and ten thousand in the rear, in favour of the institution.
Regardless, the box may in addition s claim for valid-a rainy day, legally, the payment of amounts not delivered timely and properly.!!
Administrators or managers of companies of expensive fiscal character will be n directly and personally responsible for failure to comply with the obligations imposed by this Arta-culo.
Arta-culo 10a °. â €"the State, by their respective organs, Recaudara and Hara (delivery to the box, the subsidies defined in subparagraphs m)(, n) (and or) of the 4Â ° Arta-culo.!!"
Arta-culo 11a °. â €"the President of the Board of Directors will have Personera-a legal - medical enough to promote to the administrative or judicial authorities all the corresponding actions to give effect to the obligations and penalties established in the present law, as well - how to intervene in contracts and other acts that box can perform to accomplish their ends.!"
Arta-culo 12a °. â €"railway undertakings and other s who are affected by this law, shall be obliged to supply to the directory of the box or duly accredited dependents, all information requests for its personnel and movement of their accounting, and to allow all of the checks which it deems necessary, with relation to the provisions of this law.!"
Arta-culo 13a °. â €"the property, funds and income from the box are exclusively owned by the institution and in any case may be available or used them for purposes other than the above-mentioned in this law, under the personal responsibility, if not, of the members of the Board."
Arta-culo 14a °. â €"box, besides their weekends paying pensions, pensions or Montepa-, according to this law, you may not use their resources but in the following investments: Pra © loans secured by the first mortgage of urban real estate, located in departmental capitals or villas next to ã © stas within the limitations that the law of banks in their Arta-culo 165a °!" , subparagraph 4a °.
PRA © stamos for constructions and reconstructions of houses located in urban and suburban neighborhoods of departmental capitals, with partial and successive delivery and supervision of works, giving preference to the heads of family, employees or workers, who are covered by this law.
Promotion of the construction of cheap housing for workers with facilities of payment and warranty-a mortgage of the same properties.
Acquisition or construction of urban properties for rent or for facilities of the premises of the institution.
PRA © stamos taxpayers according to the following scale: equivalent of a month's wage or salary to which they are from one year to five years of service; equivalent of two months of salary or wages to those who have from five to ten years of service, and the equivalent of three months of salary or wages to those who have Ma ten years of services provided that the amount of the credit does not exceed Bolivian twelve thousand, callable in a maximum of two years Ma period by paying an interest that may miss of nine percent annually.
Is set as the mite Ma maximum available for these Pra © stamos the sum of five hundred thousand Bolivians, while the capital of the box does not reach ten million.!
Arta-culo 15a °. â €"(loans authorized by subsection e), is granted prior check that n be n invested in profitable acquisitions: purchase of tools, furniture, land, etc.!!" May n be granted also © n urgent family needs.
In these cases box not may impose on borrowers, by concept of amortization and interests, discounts exceeding 10 per cent of the wage or salary, except in the case of non-compliance, in which the discount may affect to 20 per cent of the salary or wage.
Arta-culo 16a °. â €"any taxpayer may enter into more of an obligation to the outlined in 14a ° Arta-culo."
Arta-culo 17a °. â €"for real estate purchase or transfer which owned the box is required the authorization of the Council of Ministers."
Arta-culo 18a °. â €"in case of execution and judicial sale of the mortgaged property, is will Tra limit prescribed by the 185 ° Arta-culos et seq. of the General banking law of 11 July 1928.!!" This disposal Regira in loans mortgage granted by all the boxes of retirement and insurance worker. In these actions the voluntary contest will not place and the necessary not interrupted its procedure until is not completed with the sale or auction of the seized goods, whose product is Depositara in the Central Bank of Bolivia to the order of the judge who knows the contest becomes ndose A © ste cars so pronounced the sentence of degrees and favorite término of 15 days-as.!!!!
CHAP. III â €"of the benefits Arta-culo 19a °. â €" who have contributed to the formation and increase of the box, you will have n right to the following benefits: Jubilacia³n;!
Montepa-o; and returns.
CHAP. IV â €"retirement Arta-culo 20a °. â €" Jubilacia³n is the lifetime pension given to the employees and workers for services provided over a period of time.
Arta-culo 21a °. â €"will have right n to the Jubilacia³n with 100 percent of the average salary or wage fixed in accordance with article 38a ° employees or workers who had served 25 years of work in enterprises.!"
Arta-culo 22a °. â €"only compliance with the length of service indicated in the previous Arta-culo, the employee or worker may ask your Jubilacia³n." Companies may n also request the Jubilacia³n of employees or workers who had completed 25 years of service, even without the consent of the interested parties.
Arta-culo 23a °. â €"will have right n the partial Jubilacia³n, after 15 years of service, employees and workers who were 55 years of age, Asa - as those proving inability Fa-sica or intellectual standing, to continue working, according to the following scale: for 15 years of service with 60 percent of your wages or salary.!"
For 16 years of service with 64 per cent of their salary or wage.
For 17 years of service with 68 per cent of their salary or wage.
For 18 years of service with 72 percent of their salary or wage.
By 19 years of service with 76 per cent of their salary or wage.
For 20 years of service with 80 per cent of their salary or wage.
By 21 years of service with 84 per cent of their salary or wage.
For 22 years of service with 88 per cent of his salary or wage.
By 23 years of service with 92 per cent of your salary or wages.
For 24 years of service with 96 per cent of their salary or wage.
CHAP. V â €"Inns Arta-culo 24a °. â €" Board is the temporary assignment according to employees and workers that after 10 years of service had been disabled for work, or they have reached 55 years of age.
Arta-culo 25a °. â €"to get the Board is essential to prove legally that the inability Fa-sica or intellectual face permanent character."
Arta-culo 26a °. â €"the pension will be equivalent to 50 per cent of the wages or salary and monthly and is awarded during a PEAR period equal to the time of services.!"
Arta-culo 27a °. â €"If the disability occurs before the 10 years of service is returned globally to the employee or worker, at one time, discounts on your wages or salary and are you will deliver in addition s the amount of contributions from the company, with more the interests which those amounts would have earned, to reason of four per cent per annum.!"
CHAP. VI â €"mutual societies Arta-culo 28Â °. â €" Montepa-o is the settled which is given to the heirs of the employees or workers who die in service or in situation of retirees or pensioners.
Arta-culo 29Â °. â €"are considered beneficiaries to only Montepa payment - or to the following effects: children, Lega-timos and recognized natural children under age and arriving-scams or natives of the same status that had been under the immediate protection of the worker."
The classmate who had lived with the worker by one PEAR period greater than one year prior to the death, having children.
Parents and ascendants.
In the absence of all previous, minor unmarried sisters and the greatest if they are unable to work.
Arta-culo 30a °. â €"these heirs will have n right Montepa-or whenever the employee or worker died after 5 years of service." Trafficking retired will be moving enough to stakeholders credited his quality.!
Arta-culo 31a °. â €"the form and the order in which the beneficiary must n distributed Montepa-o is Sujetara n to the rules established by the Civil Code, insofar as they are not in Contradiccia³n with the present law.!" The classmate will benefit in the absence of the spouse or when © sta lose their rights, and children arriving-scams and natural Concurrira n as recognised natural or Lega-timos.
The part that the beneficiary fails to receive for loss of eligibility, remain for the benefit of the box.
32a Arta-culo °. â €"Montepa-o are delivered in lump sum to those who are entitled, in accordance with the following scale: for 5 years of service, the amount corresponding to six months of salary or wages.!"
For 10 years of service, the equivalent of a year's salary or wage.
For 15 years of service, the equivalent of 18 months of salary or wages.
For 20 years of service, the equivalent of 2 years of. salary or wages.
For 25 years of service, the equivalent of 3 years of salary or wages.
Arta-culo 33a °. â €"the spouse who has in fact been separated for Ma s a year for reasons attributable to it, you will not have any right to the Montepa-o.!"
Chapter VII â €"of the processing of causes Arta-culo 34a °. â €" the recipient shall n ask for the payment of allowances corresponding directly to the box, sending documents justifying their right.! If the application was rejected, stakeholders may n resort to the labour judge, who will meet in first instance whatever law, and both parties appealed to the Court of appeal and appeal to the Supreme Court, within the terms established by the nica. organic law of the Department of labor!
Arta-culo 35a °. â €"the services provided in different companies, included in the present law, only be Acreditara n with certificates that should give companies in view of the forms of payment, files and documents of accounting." To be valid lidos, certificates must be signed precisely by the managers or administers of enterprises, whose signatures must n be recorded in box.!! The companies will be n required to confer certificates without judicial order. Equally, it may n Check services with certificates of internal revenue offices on the income tax payment for personal services.
Arta-culo 36a °. â €"when the certificates come from extinct signatures of officials or employees absent from the Republic or of employees or officials of foreign nationality, they must n be previously legalized by Confrontacia³n of signatures by two notaries experts."
CHAP. VIII â €"General provisions Arta-culo 37a °. â €" for the purposes of this Act, be computed all the time services provided by employees and workers, whether continuous or discontinuous, since he joined the service of railways, tramway-as or annexes ramos, although such services are previous to this law, provided that they had been working on such firms to January 21, 1938.
Arta-culo 38a °. â €"salary or wages that serve basis for the Jubilacia³n, Board or Montepa-o, will be, the average of the salary or wages received in the last six months of service, established © moving Ma ximun of Bs. 2,000 and the Ma-nimun of Bs. 250 for pensioners and Bs. 200 for retirees.!!"
Arta-culo 39a °. â €"the employee or worker who, having been retired, exert rented public, will not charge the agreed Jubilacia³n., the performance of your new job or occupation for the duration"
Arta-culo 40a °. â €"retirees who return to active service in any of the contributing companies of the housing or to be employed at the institution, Cesarâ n in the enjoyment of the Jubilacia³n and will n only the salary assigned to the job, abandoned, which will return n to the enjoyment of the Jubilacia³n, whose amount already may be unchanged for that reason.!!"
Arta-culo 41a °. â €"retirees of other classes that ingresaren to undertakings included in this law or the box, in the event of withdrawal, you may not n claim the repayment of their contributions."