Law No. 13,134, Of 16 June 2015

Original Language Title: Lei nº 13.134, de 16 de junho de 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
Law No. 13,134, of 16 JUNE 2015 Changes the laws No. 7,998 of 11 January 1990, governing the unemployment insurance program and the Wage child benefit and establishing the Fund of support to the employee (FAT), paragraph 10,779, 25 November 2003, which provides for unemployment insurance for the artisanal fisherman, and paragraph 8,213, of 24 July 1991 , which provides for the Social security benefit plans; revokes provisions of law No. 7,998 of 11 January 1990, and the laws No. 7,859, of 25 October 1989, and 8,900, to 30 June 1994; and other matters.
The President of the REPUBLIC do I know that the National Congress decrees and I sanction the following law: Art. 1 law No. 7,998 of 11 January 1990, with the following changes: "Art. 3º ............................................................................................................
I-have received salaries of legal entity or natural person to she equated, concerning: a) at least 12 (twelve) months in the last 18 (eighteen) months immediately preceding the date of dismissal, when the first request;
b) at least 9 (nine) months during the past 12 (twelve) months immediately preceding the date of dismissal, when the second request; and c) each of the 6 (six) months immediately preceding the date of dismissal, when the other requests;
II-(Repealed);
........................................................................................................................
VI-registration and frequency, where applicable, in accordance with the regulation, in initial and continuing training course or professional qualification enabled by the Ministry of education, pursuant to art. 18 of law No. 12,513, 26 October 2011, offered through Worker Training scholarship granted under the National Program of access to technical education and employment (Pronatec), established by law No. 12,513, 26 October 2011, or free vacancies in professional and technical education network.
..............................................................................................................." (NR)
"Art. 4 the benefit of unemployment insurance will be granted to the unemployed worker, by maximum 3 variable (three) and 5 (five) months continuously or alternating, each earning period, from the date that the last license, whose duration will be set by the Board of Directors of the Fund of support to the employee (Codefat).
§ 1 the benefit of unemployment insurance may be retaken every new spending period, the conditions listed in sections I, III, IV and V of the caput of the art. 3.
(2) the determination of the maximum mentioned in the caput shall observe the following relationship between the number of monthly installments of the benefit of unemployment insurance and worker's service time in 36 (36) months prior to the date that the request originated from unemployment insurance, sealed the statement of employment links used in previous periods acquired: I-for the first request : a) 4 (four) installments if the worker check employment with a legal entity or natural person to she equated to at least 12 (twelve) months and no more than 23 (twenty three) months, in the reference period; or (b)) 5 (five) plots, if the worker check employment with a legal entity or natural person to she equated to at least 24 (twenty-four) months, in the reference period;
II-the second request: a) 3 (three) installments if the worker check employment with a legal entity or natural person to she equated to at least 9 (nine) months and no more than 11 (eleven) months, in the reference period;
b) 4 (four) installments if the worker check employment with a legal entity or natural person to she equated to at least 12 (twelve) months and no more than 23 (twenty three) months, in the reference period; or (c)) 5 (five) plots, if the worker check employment with a legal entity or natural person to she equated to at least 24 (twenty-four) months, in the reference period;
III-from the third request: a) 3 (three) installments if the worker check employment with a legal entity or natural person to she equated to at least 6 (six) months and no more than 11 (eleven) months, in the reference period;
b) 4 (four) installments if the worker check employment with a legal entity or natural person to she equated to at least 12 (twelve) months and no more than 23 (twenty three) months, in the reference period; or (c)) 5 (five) plots, if the worker check employment with a legal entity or natural person to she equated to at least 24 (twenty-four) months, in the reference period.
§ 3 the fraction equal to or greater than 15 (fifteen) working days will be considered as a full month for the purpose of paragraph 2.
paragraph 4 where the calculation of the share of unemployment insurance result in decimal values, the value to be paid should be rounded to the next higher whole unit.
§ 5 the maximum period referred to in the caput may be exceptionally extended for up to 2 (two) months, for specific groups of policyholders, the discretion of Codefat, provided that additional spending represented by this extension does not exceed, in each semester, 10% (10%) of the amount of the minimum liquidity reserve referred to in paragraph 2 of art. 9 of law No. 8,019, of 11 April 1990.
paragraph 6 in the event of extension of the maximum period of perception of the benefit of unemployment insurance, Codefat will notice, among other variables, the sectoral and geographical evolution of unemployment rates in the country and the average unemployment of specific groups of workers.
§ 7 the Codefat will observe the labour market statistics, including the average time of permanence in employment, by sector, and shall recommend to the Minister of State for labor and employment the adoption of public policies it deems appropriate to the high employment turnover mitigation. " (NR)
"Art. 4-(vetoed). "" Art. 7º .............................................................................................................
........................................................................................................................
IV-unjustified refusal on the part of the unemployed worker in employment replacement stock, as regulation of Codefat. " (NR)
"Art. 9 are assured receipt of annual wage allowance, the maximum value of 1 (one) minimum wage in force on the date of payment, employees who: (I)-(vetoed):....................................................................................................................... §1................................................................................................................. (2) the value of the annual salary allowance of the caput shall be calculated at the rate of 1/12 (round 1 12) of the value of the minimum wage in force on the date of payment, multiplied by the number of months worked in the corresponding year.
§ 3 the fraction equal to or greater than 15 (fifteen) working days will be counted as a full month for the purpose of paragraph 2 of this article.
§ 4 the value of wage allowance will be issued in whole units of currency, with supplementation of decimal parts until the entire unit immediately superior. " (NR)
"Art. 9. the allowance shall be paid by the Bank of Brazil S.A. and Caixa Economica Federal by: I-deposit on behalf of the worker;
II-booty in kind; or III-payroll.
§ 1 The Banco do Brazil S.A. will fit the payment to the servers and employees of the taxpayer referred to in art. 14 of Decree-Law No. 2,052, of 3 August 1983, and Caixa Econômica Federal, the employees of the taxpayer referred to in art. 15 of this decree-law.
(2) paying financial institutions shall keep in his possession, the disposal of tax authorities, by enabling immediate recovery process, the proof of payments made. "" Art. 25. the worker who infringe the provisions of this Law and any perceived wrongly portion of unemployment insurance subject to the automatic compensation of debt with the new benefit, in the form and in the percentage defined by the Codefat resolution.
(1) the administrative act of automatic compensation can be subject to judicial review, within 10 (ten) days, the employee, through the application of simple review, which will follow the rite prescribed by law No. 9,784, of 29 January 1999.
(2) the refund of amount due by the worker in the caput of this article shall be carried out by means of balance compensation values in the release dates of each installment or pay with Recoil guide of the Union (GRU), as regulation of Codefat. "
Art. 2 Law No. 10,779, of 25 November 2003, with the following changes:

"Art. 1st the artisanal fisherman that treat the item "b" of section VII of the art. 12 of law 8,212 of 24 July 1991, and "b" of section VII of the art. 11 of law 8,213 of 24 July 1991, from carrying out their professional activity without interruption, handmade and individually or in family savings scheme will do justice to the benefit of unemployment insurance in the amount of 1 (one) minimum monthly salary, during the closed season of fishing activity for the preservation of the species.
§1 it is considered usual profession or main livelihood activity carried out during the period between the previous and the current closures, or the 12 (twelve) months immediately prior to the current off-season, whichever is less.
......................................................................................................................... paragraph 3 is considered uninterrupted activity carried out during the period between the previous and the current closures, or the 12 (twelve) months immediately prior to the current off-season, whichever is less.
paragraph 4 Only entitled to unemployment insurance the insured artisanal fisherman special with another source of income different from due to the fishing activity.
§ 5 the professional fisherman cottage industry won't do justice, in the same year, more than one benefit of unemployment insurance due to defesos relating to distinct species.
§ 6 the grant of the benefit will not be extensible to support fishing activities or to the families of the professional fisherman which do not comply with the requirements and conditions established in this law.
§ 7 the benefit of unemployment insurance is personal and not transferable.
§ 8 the period of receipt of benefit may not exceed the maximum limit variable in the caput of the art. 4 of law No. 7,998 of 11 January 1990, subject to the provisions of § § 4 and 5 of that article. " (NR)
"Art. 2nd it is up to the National Social Security Institute (INSS) receive and process applications and enable the beneficiaries under regulation.
I-(Repealed);
II-(Repealed);
III-(Repealed);
IV-(repealed):) (Withdrawn);
b) (Withdrawn);
c) (Repealed).
(1) To do justice to the benefit, the fisherman may not be on any benefits arising out of social security or welfare benefit of continuing nature, except death benefits and aid-accident.
(2) to enable the benefit, the fisherman must present to the INSS the following documents: I-record as professional fisherman, craft category, properly updated in the General Registry of Fishing Activity (RGP), issued by the Ministry of fisheries and aquaculture with at least 1 (one) year, counted from the date of application of the benefit;
II-copy of the Bill of the acquiring company, consumer fish or consignatária in the record, in addition to the record of the operation performed, the value of their pension contribution referred to in § 7 of art. 30 of law No. 8,212 of 24 July 1991, or proof of payment of the social security contribution, if you have marketed their produce the natural person; and III-other established in the Ministry of Social Security Act showing: a) the practice of the profession, in the form of art. 1 of this Act;
b) dedicated to fishing during the period defined in §3 of art. 1 of this Act;
c) that has no other source of income different from due to the fishing activity.
§ 3 the INSS, the enabling Act to the benefit, you should check the condition of insured artisanal fisherman and the payment of the social security contribution, pursuant to law No. 8,212 of July 24, 1991, in the last 12 (twelve) months immediately prior to the application of the benefit or since the last closed season until the application of the benefit, whichever is less , subject, where appropriate, the provisions of item II of § 2.
§ 4 the Ministry of Social Security and the Ministry of fisheries and aquaculture will develop activities that ensure the SOCIAL SECURITY access to registration information available in RGP, contemplated in art. 24 of law No. 11,959, June 29 2009, required for the grant of unemployment insurance.
§ 5 the application of the provisions of paragraph 4 of this article may not work any burden for policyholders.
§ 6 the Ministry of Social Welfare may, when it deems appropriate, request other documents to enabling the benefit.
§ 7 the INSS should disclose monthly list of all the beneficiaries who are on unemployment insurance in the off-season period, detailed by location, name, address and date of entry in the RGP.
§ 8 since met the other requirements provided for in this article, the benefit of unemployment insurance will be granted to professional fisherman whose family craft is receiving income transfer program with conditionalities, and the organ or entity of the federal Government responsible for maintaining the program suspension of payment by the same period of the perception of the benefit of unemployment insurance.
§ 9 for the purposes of the provisions of § 8, the INSS will make available to the agencies or entities of the federal public administration responsible for the maintenance of income transfer programmes with conditions the information needed to identify the beneficiaries and the benefits of unemployment insurance granted, including those relating to duration, suspension or termination of benefit. " (NR)
Art. 3rd law 8,213 of 24 July 1991, with the following changes: "Art. 38................................................................................................... (1) the program referred to in the caput of this article shall provide for the maintenance and annual update of the register and contain all the information necessary for the characterization of the condition of insured special.
.................................................................................................................... § 3 the INSS, the enabling act or to grant benefit, you should check the condition of the insured and, if applicable, the payment of the social security contribution, pursuant to law No. 8,212, of 24 July 1991, considering, among others, appearing on the national register of social information (CNIS) contemplated in art. 29-this law. " (NR)
"Art. 38. The INSS uses the information contained in the register contemplated in art. 38-for purposes of attesting to the exercise of the activity and the condition of the insured and their family group.
Sole paragraph. Going on differences of information, for the purposes of recognition of law with a view to the granting of the benefit, social security may require the submission of documents referred to in art. 106 of this law. "
Art. 4 changes to art. 9 of law No. 7,998 of 11 January 1990, introduced by art. 1 of this Act shall take effect only from the financial exercise in 2016, considering, for the purposes of the provisions of paragraph 1 of art. 9 of law No. 7,998 of 11 January 1990 as base year for its application the year of 2015.
Art. 5 is provided to professional fishermen crafted the grant category for SOCIAL SECURITY of unemployment insurance on the closures closed season between 1 April and 31 August 2015 2015 in accordance with the terms and conditions of the current legislation prior to the edition of provisional measure no. 665, of 30 December 2014.
Art. 6. Revoke: I-art. 2-B and title II of the caput of the art. 3 of law No. 7,998 of 11 January 1990;
II-law No. 7,859, of 25 October 1989; and III-law No. 8,900, of 30 June 1994.
Art. 7 this Act shall enter into force on the date of its publication.
Brasília, 16 June 2015; 194 of independence and 127 of the Republic.
Joaquim Vieira Ferreira ROUSSEFF Levy Manoel Dias Nelson Barbosa Carlos Eduardo Gabas Helder Barbalho

Related Laws