Railway. Organic Law - Established For Social Railway, Streetcar And Workers Of Adjoining Branches.

Original Language Title: LEY ORGANICA DE FERROVIARIOS.— ESTABLÉCESE PARA LA CAJA SOCIAL DE FERROVIARIOS, TRANVIARIOS Y TRABAJADORES DE RAMAS ANEXAS.

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LAW

FERROVIARIOS. € "S ORGANIZATION LAW" Set up for the Social Fund of Railway, Tranviaries and Ancillary Branch Workers.

ENRIQUE PEA ' ARANDA C.

CONSTITUTIONAL PRESIDENT OF THE REPAsBLICA.

As soon as the H. National Congress has sanctioned the following law:

THE NATIONAL CONGRESS,

DECCRETA:

ArtA-arse 1A ° .†" The Social Fund of Rail, Tranviarios Branch Workers Annexed, created by Supreme Decree of January 21, 1938 elevated to the rank of Law on June 30 of the same year, will be governed by this Law.

CAP. I †"BENEFICIARIES

Article 2A °.â€" They are beneficiaries of the Box:

The employees and workers of the railway and tranviaria undertakings established or established in the country-s; be they of tax or tax

The employees and workers of the light and power companies and telephone companies that are concessionaires of public services;

The professionals in the pay of the services undertakings included in the terms of this Law, subject to working hours according to the internal regulations of companies and provided that they are not favored by laws of

protection from the present;

The personnel dependent on the contractors or subcontractors of any job, the companies mentioned above.

ArtA-ass 3o.†" No remaining included in the benefits and obligations of this Law, professionals, artisans and workers who are temporarily taken by companies for additional works, such as buildings or repairs of buildings and other accessories.

CAP. II †"OF THE RESOURCES AND OF THE

ADMINISTRATION OF THE CAJA

ArtA-ass 4A °.â€" The workers and the companies included in the previous article, will contribute to the support of the Caja, with the The following resources:

With the amount of the first month of salary or salary of the staff comprised in the item 2A °, including the established or established bonuses, without any limitations and according to the payment at 31 December 1937, payable in a year and 12 equal shares. It will not be excluded from this contribution to the employees who will henceforth enter the companies or those who will re-enter them, if they had not previously suffered this discount.

The contribution of 5 percent to a thousand Bolivians, the 6 In the first half of the year, the number of workers in service, retired, and pensioners, who will be discounted monthly, will be counted from a thousand one to two thousand Bolivians and 7 percent from two thousand Bolivians. Foreign employees, subject to contracts, are not exempt from this discount.

The monthly contribution of the companies mentioned in the article 2A °, in equal form and proportion to the employees and workers, according to the previous paragraph.

The product of the fines and discounts that companies impose on their employees and workers, for faults committed in the exercise of their duties.

All unpaid, unclaimed wages and wages

The two per thousand of the gross receipts of the companies.

The totality of the excess over the authorized and unclaimed rates by interested party in the term of a year, in the passenger, baggage, and loading transports.

The deposits in garantA-a of light meters and electrical power and telephone services, which would not have been removed by the data subjects within a year, from the suspension of such services.

50% of the of the fines and discounts that the Companies of the Telephone, Light and Eléctrica Force, that they regulatively impose on their subscribers, for irregularities committed in the use of this class of services provided by such companies.

ten percent of product sales of building materials, tools, machinery, equipment and land of companies.

Twenty percent of the value of free passes in relation to the travel made by the holders, except for the passes granted for the public service or of the companies.

Twenty percent of the amount corresponding to the clearance of baggage freight, and the load that the data subject must pay, except in the cases of public service or of the companies.

ll) Twenty percent One percent of the value of the transfers, which the concessionary companies perceive in favor of the collection of the taxes of sewerage, pro-universities, etc.

subrogatees.

Ten percent of total garantA-as consolidated in favor of the State, by studies, options, constructions or farms of railways, tranvA-as, telephone, light and electrical power.

The product A-ntegro for the remate of leftover packages.

The product A-ntegro of the fines that the National Department of Labor and the General Directorate of Railways, imposed on the companies, for non-compliance with the laws and regulations in force.

The contribution of the State to a Millón de Bolivianos, for one time, imputable to the account "Service of State Obligations", of the National Budget of 1941.

The interest or profits that the Caja makes and the donations and legacies that are made in your favor.

ArtA-ass 5A °.†" For the collection and administration of the funds destined for the Fund, functionA directory, which is composed of:

A representative of the Government

A representative of the private companies

A representative of the workers appointed by the Trade Union Confederation of Rail, Tranviaries and Annexed Branches, and

A representative

be a member of the Board of Directors, it is essential to be a Bolivian citizen.

Article 6A.†" You may not be a member of the Directory who carries out activities similar to those of the Box, such as loans, commissions and corretages.

ArtA-ass 7A °.†" The Government Delegate will be the Chairman of the Board. In case of absence or impediment, the Director of turn will do his or her times.

ArtA-arse 8A °.†" The Directory will be governed by its Rules of Procedure and will be responsible for the Administration of the Box. The members of the Board will last in their duties for the time of two years, and may be re-elected.

ArtA-ass 9A °.†" Companies to whom you understand the article 2A ° are obliged to collect under your immediate responsibility and (a) direct the discounts referred to in points (a) and (b) of Article 4A (a), and to deposit them on a monthly basis together with the contributions and other subsidies which it is appropriate to provide or to make effective. The deposits will be verified in cash and the order of the Caja, within the next 30 days following the month expired.

Any delay in the performance of this obligation, which will pass from 45 days, will give rise to a surcharge of interest to The second and 12 percent reasons for the second and 12 percent for the other, without prejudice to the fine that is imposed by the Labor Court, a simple denunciation of the Box, of Bs, five thousand the first time and ten thousand in the later, in favor of the institution.

Regardless, the Box may also claim, in court, for the payment of sums not delivered in a timely and correct manner.

The managers or managers of the business of the tax authority will be directly and personally responsible for the failure to comply with the obligations imposed by this Article.

Article 10A °.†" The State, for its respective purposes, shall collect and make delivery to the Fund, of the subsidies provided for in points (m), (n) and (o) of Article 4A.

ArtA-ass 11A °.†" The Chairman of the Board will have sufficient legal authority to promote before the administrative or judicial authorities all the actions that correspond to make the obligations effective and penalties laid down in this Law, as in order to intervene in the contracts and other acts that the Caja can perform to fulfill its purposes.

Article 12A °.†" The railway undertakings and other persons affected by this Law, are required to supply the Board of the Caja or its dependents duly accredited, all the information you request about your personnel and movement of your accounts, and to allow all the checks you deem necessary, with relation to the provisions of this Law.

13A °.†" The goods, funds and income of the Caja are of exclusive property of the institution and in no case shall be available or used for other purposes than for the purposes of this Law, under the personal responsibility, in case Directory member.

ArtA-ass 14A °.†" The Box, other than to serve its purposes by paying retirements, pensions or montepA-s, in accordance with this Law, will not be able to use its resources but in the following investments:

We are guaranteed with the first mortgage of urban real estate, located in capital of department or villas, within the limits established by the Law of Banks in its article 165A, paragraph 4A.

For construction and reconstructions of houses located in urban and suburban districts of department capitals, with partial and successive deliveries and supersurveillance of the works, giving preference to the heads of family, employees, or workers, who are included in this Law.

Promoting the construction of cheap housing for employees and workers with payment facilities and the guarantee-to mortgage the same properties.

Procurement or construction of urban buildings for rent or for facilities of the institutions of the institution.

We provide taxpayers according to the following scale: equivalent of one month's salary or salary to those of a year of five years of service; equivalent of two months ' salary or salary to those of five to ten years of service, and the equivalent of three months ' salary or salary to those who have more than ten years of service, provided that the amount of the credit does not exceed a total of twelve thousand, depreciable within a maximum period of two years, paying a You will not be able to move from nine percent a year.

It is fixed as a maximum available limit for these loans the sum of five hundred thousand Bolivians, while the capital of the Caja does not reach ten million.

ArtA-ass 15A °.†" The loans authorized by the item (e), will be granted prior proof that they will be invested in profitable acquisitions: purchase of tools, furniture, land, etc. It may also be granted to cover urgent family needs.

In such cases the Caja may not impose on debtors, by way of depreciation and interest, discounts that exceed 10 percent of the salary or salary. Except in the case of non-compliance, in which the discount may affect 20 percent of the salary or salary.

ArtA-ass 16A °.â€" No taxpayer may contract more than one obligation of the requirements in the article 14A.

ArtA-ass 17A °.†"For the acquisition of real estate or transfer of which the Caja holds is necessary the authorization of the Council of Ministers.

ArtA-culo 18A °.â€" In case of execution and judicial sale of the The following of the General Law of the Banks of 11 July 1928 shall be followed by the three-year period prescribed by Articles 185a and following of the General Law of Banks of 11 July 1928. This provision will govern the mortgage loans granted by all the Retirement Banks and Workers ' Insurance. In these actions, the voluntary contest will not have a place and the necessary one will not interrupt its procedure until the sale or auction of the seized goods has been completed, whose product will be deposited in the Central Bank of Bolivia to the The order of the Judge who is familiar with the contest, the orders for the judgment of degrees and preferred in the term of fifteen dA-as.

CAP. III †" FROM THE BENEFITS

ArtA-ass 19A °.†" Those who have contributed to the formation and increase of the Box, will have the right to the following benefits:

Retirement;

Invalidity page;

MontepA-; and

Returns.

CAP. IV †" RETIREMENTS

ArtA-ass 20A °.â€" Retirement is the lifetime pension given to employees and workers for services rendered for a given time.

Article 21A °.â€" 100 percent of the average salary or salary set according to the art. 38A ° the employees or workers who would have fulfilled 25 years of work in the companies.

Article 22A °.†" For the only compliance with the service time indicated in the previous article, the employee or worker may ask for their Retirement. Companies may also request the retirement of employees or workers who have served 25 years of service, without the consent of the parties concerned.

Article 23A.a€" You will have the right to partial retirement, after 15 years of service, employees and workers who had 55 years of age, as well as those who credit permanent physical or intellectual disability, to continue working, according to the following scale:

For 15 years service with 60 percent of your salary or salary.

For 16 years of service with 64 percent of your salary or salary.

For 17 years of service with 68 percent of your salary or salary.

For 18 years of service with 72 percent of your salary or salary.

For 19 years of service with 76 percent of your salary or salary.

By 20 You will serve 80 percent of your salary or salary.

For 21 years of service with 84 percent of your salary or salary.

For 22 years of service with 88 percent of your salary or salary.

For 23 years of service with 92 percent of your salary or salary.

For 24 years of service with 96 percent of your salary or salary.

CAP. V †" PENSION

ArtA-ass 24A °.â€" Pensiân is the temporary assignment that is agreed to the employees and workers who after 10 years of services would have been disabled for the job, or would have been 55 years old.

ArtA-ass 25A °.†"To obtain the penalty it is indispensable to accredit in legal form, that the physical or intellectual inability is of permanent character.

Article 26A °.â€" The penalty will be monthly and equivalent to 50 percent of the salary or salary and will be awarded during a period equal to the time of the services provided.

Article 27A.†" If the inability occurs before the 10 years of service, the employee or worker shall be returned to the employee or the worker, in one time, the discounts made on his salary or salary and In addition, the amount corresponding to the contributions of the company, with more than the interest that those sums would have accrued, will be given at the rate of four percent a year.

CAP. VI †"MONTEPIOS

ArtA-ass 28A °.â€" MontepA-or is the compensation granted to the heirs of the employees or workers who die in service or in the situation of retirees or pensioners.

ArtA-ass 29A °.â€" consider beneficiaries for the purposes of the montepA payment-or the following:

The recognized natural and natural children, minors, and illegals or natural persons of the same condition that would have been under the amparo

The widow.

The compa ± was that he had lived with the worker for a period greater than one year before the death, provided he had children.

The widower.

Parents and ascendants.

In the absence of all the above, single and older single sisters if they are unable to work.

ArtA-ass 30A °.†" These heirs shall be entitled to the montepA-or whenever the employee or worker has died after 5 years of age. services. In the case of retirees, it is sufficient for the stakeholders to prove their quality.

ArtA-ass 31A °.†" The form and order in which the beneficiaries should distribute the montepA-or be subject to the rules established by the Civil Code, as soon as they are not in contradiction with this Law. The company will benefit in the absence of the wife or when she loses her rights, and the illegal and natural children will compete as recognized legal or natural.

The part that the beneficiary will cease to receive for the loss of his or her

ArtA-ass 32A °.†" The montepA-or will be delivered in aggregate to those entitled, according to the following scale:

For 5 years of services, the sum corresponding to 6 months of salary or salary.

For 10 years of service, the equivalent of a year of salary or salary.

For 15 years of service, the equivalent of 18 months of salary or salary.

For 20 years of service, the equivalent of 2 years of service. salary or salary.

For 25 years of service, the equivalent of 3 years of salary or salary.

ArtA-ass 33A °.†" The wife who has been separated in fact for more than one year for reasons attributable to her, shall not have the right to the montepA-or.

CAP. VII †"OF THE PROCESSING OF CAUSES

Article 34A °.â€" The beneficiaries should ask for payment of the allocations that correspond directly to the Fund, accompanied by the documents that justify their right. If the application is rejected, the interested parties may have recourse to the Judge of the Labor, who will resolve in the first instance whatever the law may be, both parties being able to appeal to the Judge of Alzada and to have recourse to the Supreme Court, within the

services provided by the different companies, included in this Lawwill be credited with the certificates to be awarded. companies in view of payment plans, files and accounting documents. In order to be valid, the certificates must be signed by the Managers or Administrators of companies, whose signatures must be registered in the Box. Companies will be obliged to grant certificates without the need for a court order. Also, you can check the services with the certificates in the offices of

Internal Taxes on Income Tax Payment for Personal Services.

Article 36A.†" When certificates come from extinct signatures, from officials or employees absent from the Republic or from employees or Foreign nationality officials, they should be previously legalized by means of signatures by two expert Notaries.

CAP. VIII †"GENERAL PROVISIONS

ArtA-cull 37A °.â€" For the purposes of this Law, all the time of the services provided by the employees and workers, whether continuous or discontinuous, shall be computed from their entry into the service of railways, tranches or annexes, even if those services are prior to this Law, provided that they have been working in such undertakings on 21 January 1938.

ArtA-ass 38A °.†" The salary or salary that will serve as a basis for retirement, pension or montepA-or, will be, the average of the salaries or wages received in the last six months of service, establishing the mA of Bs. 2,000 and the mA-nimun of Bs. 250 for retirees and Bs. 200 for pensioners.

ArtA-ass 39A °.†" The employee or worker who has been retired, carries out a rental charge, will not receive the agreed retirement, while the performance lasts of your new employment or occupation.

ArtA-ass 40A °.†" Retirees who return to active duty in any of the contributing companies of the Box or who will be employed in the institution, will cease in the enjoyment of retirement and will only receive the salary assigned to the job, abandoned which, will return to the enjoyment of retirement, the amount of which can no longer be modified for that reason.

ArtA-ass 41A °.†" The retirees of other classes who will enter the companies included in this Law or the Box, in case of withdrawal, will not be able to claim the return of your contributions.