Modifies The Ra Moan Jura Dico Pa Concession Public Transport

Original Language Title: MODIFICA EL RÉGIMEN JURÍDICO DEL TRANSPORTE PÚBLICO CONCESIONADO

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"(ARTÍCULO ÚNICO.-Introdúcense las siguientes modificaciones en la ley Nº 18.696: 1) (amended article 3 in the following sense: to) add, in the sixth paragraph, the following text, replacing the final dot (.)" by a comma (,): "particularly in those cities declared areas saturated with pollution the respective bidding rules must contemplate additional scores by the presentation of fleets with non-polluting technologies. Bases must also establish requirements that ensure workers safety and health conditions in line with the requirements of the functions performed. Furthermore, shall be deemed especially those applicants who exhibieren or ofertaren better conditions of employment and remuneration for workers. "."

(b) replace the eighth subparagraph by the following: "the tender referred to in the second paragraph must be notified in the Gazette and in at least two newspapers of the respective city 30 days in advance and carried out on bases technically defined by the Ministry of transport and telecommunications. The respective granting that derive from a tender must be granted founded resolution and realized in a contract between the beneficiary company and the Ministry of transport and telecommunications, in which both parties are obligated to the terms included in the bases of the invitation to tender and which lays down penalties for each party in the event of non-compliance. This decision must be endorsed by the Minister of finance. "."

(c) be incorporated, as the ninth paragraph, the following: "(the Ministry of transport and telecommunications may appoint a provisional administrator in the cases provided for in subparagraphs b)(, c) (, d)(, y e) 3 article decies, from among persons who are registered in the public registry of provisional administrators which will take the Ministry." The administrator shall have the powers necessary to ensure compliance with the concession contract and, especially, those corresponding to the regular rotation of the company whose award is completed or has given term by the above cases, that the law and the Statute designates the directory or whoever does their times and Manager. The provisional administrator will respond to slight fault in the exercise of their functions. Without limiting the foregoing, the person which is you has expired its concession for the reasons set forth in the bidding rules will be disabled to arise again, by itself or by any person, whether natural or legal, in bidding processes of use of roads and ancillary concessions regulated by this law for the term of five years counted from the ruling has expired the award is enforceable. "."

(d) add the following new tenth subsection: "the provisional administrator may not have economic or patrimonial interests engaged in any of the operators of the system. The same prohibition extends straight, and collateral relatives up to the third degree by consanguinity. "."

(e) replace the ninth subparagraph, which became 11th, by the following: "the Ministry may make such designation since that is notified the resolution that puts an end to the award. Interposition of administrative and jurisdictional appeals against the resolution declaring the expiration of the concession will not suspend the appointment of provisional administrator. The Ministry of transport and telecommunications may appoint a new concessionaire within the maximum period of eighteen months from the date that the resolution that puts prospective term has become enforceable, it may provide a new public tender. For reasons of public interest and good service, when you check any of the assumptions set out in the second paragraph of this article, may also, in transient form, contract directly, for up to three years or until the end of the term of the concession, through decree signed by the Minister of transport and telecommunications and finance. Dealer for the purposes of this Act who hold direct contracts with the Ministry of transport and telecommunication means. The interim manager shall cease to hold office when it is removed by the Ministry of transport and telecommunications, is excluded the registration of provisional administrators or by the single Ministry of law when entering functions the new concessionaire. The rules shall lay down the terms and conditions for the appointment, accountability and cessation of the provisional administrator. The remuneration of the provisional administrator will be paid by the concessionaire for which operated the term anticipated contract financed by your income and fixed by the Ministry of transport and telecommunications and may not exceed 50% average remuneration perceived a general manager in this industry. "."

(f) Reemplazanse, in the tenth paragraph, which became twelfth, the phrase "of the Decree" by "of the resolution".

(g) add the following subsection 13th, new: "In any case, what ever the cause of term or expiry of the concession, must guard against rights labor and social security of workers, in the terms provided for in the law.".

(h) replace the eleventh paragraph, which became fourteenth, by the following: "exceptionally, the Ministry may appoint an interim administrator, prior judicial authorization, once started the procedure for revocation of a concession and always that occurred the cessation of transportation service for two or more consecutive days. It shall have jurisdiction to hear this application the judge of letters on duty in civil matters of the commune in which render services dealer. If they comprise more than one commune, it will be up to the presiding judge in the commune of seat of Court of appeals civil. Where communities are under the jurisdiction of various courts of appeals, knowledge will be up to the Court on duty at the oldest court civil. The judge must know this application without form of trial, hearing prior to the Ministry of transport and telecommunications, which should be accompanied by a certification of the facts by a Minister of faith. This request shall be resolved within 48 hours. Against the decision of the Court which resolved the request will proceed to appeal, which shall be granted according to the rules of the incidents only devolutive effect. As soon assume his post, the provisional administrator must raise an inventory of assets that are related to the concession, as well as the status of the payment of wages and social security obligations fulfilling. "."

(i) add following 16th, new subparagraph: "the expiry of the concession may be declared founded by the Ministry of transport and telecommunications in cases of serious breach of the obligations of the concessionaire under the terms laid down in the bidding rules and in the respective contracts. In any case, anyone that is the cause of term or expiry of the concession, must protect rights labor and social security of workers, in the terms provided for in the law. Always will be considered a serious breach of the obligations of the concessionaire, which gives rise to the expiry of the concession, delays or omissions in the payment of remuneration and obligations of social security which exceed three monthly periods or the existence of more than four sentences ejecutoriadas within one calendar year for breaches of rules on working hours, remuneration holidays, protection of motherhood, unionization and anti-union practices. "."

(j) removed in the nineteenth paragraph, which happened to be twenty-third, the phrase "without form of trial", listening to the Ministry.

(k) replaced by twenty third subsection, which became the twenty-seventh, the "twenty-first" by "twenty-fifth" reference.


(2) be added in article 3 d the following second paragraph: "in addition, the dealer shall constitute specific guarantees that will be executed in the event of breach of the labour and social security obligations of workers, in the form, amount and opportunity established in the bidding rules. In case of collection of these specific guarantees and that were not renewed, the Ministry of transport and telecommunications shall be entitled to collect the guarantee of the contract. "."


(3) replace article 3 ° sexies by the following: 'article 3 ° sexies-the concession contract and of the principles underlying its conclusion and execution. The paid national carriage of passengers provided in the framework of a concession agreement where indicated in the second paragraph of article 3, will be intended to satisfy the public interest and shall encourage the provision of an efficient, safe transportation and quality service. The concession contract will ensure continuity, permanence and security of transport services.

You may also include the hiring of complementary services necessary to fulfill that purpose, in accordance with the respective bidding rules.
Without limiting the foregoing, the Ministry of transport and telecommunications may tender, at any time, the provision of complementary services, regardless of the shape or form under which the services of transport provision. "."


(4) Incorporanse the following 3rd septies to 3rd terdecies, new items: "article 3 septies.-modification of the concession contract. The concession agreements may be amended in accordance with the respective bidding rules.

The bases of the invitation to tender shall contain causal unilateral modification of the concession contracts by the Ministry of transport and telecommunications, designed to ensure the continuity, safety and efficiency of the transport service.

The bases should also contain grounds to ensure the workers work in conditions of safety and hygiene in line with the requirements of the functions performed. They must vocalize causal unilateral amendment to the concession agreement aimed to ensure compliance with the labour legislation and social security.

If public interest so requires it, provided that no other causal term, the President of the Republic, by Decree founded, signed by the Minister of transport and telecommunications, which must carry, in addition, the signature of the Minister of finance, is applicable it may terminate anticipated award. The Supreme Decree stating the anticipated term, designated the term and conditions of the end of the concession, as well as the guarantees necessary to ensure the continuity of the service.

Procedure and methodology of calculation of the indemnity which is established in the respective bidding rules, failing that, shall be determined in accordance with the procedure referred to in transitional article 1 of this law.

Article 3 g.-supervision, control and information. Dealers will be subject to the supervision and control of the Ministry of transport and telecommunications. For these purposes, in accordance with the bidding rules, it may request reports and inspect facilities and vehicles comprising the service, review and duly audited accounting information demand and, in general, to adopt the necessary measures to ensure the fulfilment of their obligations.

Without limiting the foregoing, the Ministry of transport and telecommunications may require dealers information about the relationship between their assets and current liabilities, and between their heritage and total debts, with a frequency of not less than one month.

Dealers must inform essential facts relating to the Administration and operation of the award as established it the bases.

Dealers must report monthly payment of wages and status of the fulfilment of the obligations of social security that these apply, with regard to their workers. The above must be accredited through certificates, supporting documents and affidavits that establish the respective bidding rules.

Non compliance by concessionaires of reporting obligations within the deadlines set for the purpose in the Act, the regulations or the bidding rules, may be punished with a fine of up to 200 UTM for every time that is verified and for each day of delay, according to the bidding rules establish it.

The fines referred to in the previous paragraph will be a tax benefit. Without limiting the foregoing, the Ministry of transport and telecommunications may establish other mechanisms of collection and collection of fines in respective databases.

The application of penalties to impose on dealers must submit to the provisions of article 10 of the law No. 20,378. Your administrative claim is subject to the provisions of article 59 of law Nº 19.880.

Article 3rd nonies.-of the assets pertaining to the concession. The assets pertaining to the concession will be composed of those real and personal property necessary for the basic provision of services delivered in concession, as established it the bases of the invitation to tender and provided that they have a direct relationship with them.

The Ministry of transport and telecommunications will, through their Ministerial regional secretariats or the Division or unit dependent on the designated Undersecretary of transportation for this purpose, a register of the goods that will be affected the granting, in accordance with rules established the regulations. Registration and certifications issued in accordance with the same have the nature of a public instrument.

No means accomplished the obligation of dealers to incorporate and start vehicles, infrastructure and other assets involved in the concession agreements, while these have not been entered when registering within the deadlines and in the manner provided in the regulations and in the bidding rules.

Since the beginning of the concession assets entered in the register shall be subject to the granting, however are subject to alienation, transfer or encumbrance, unless they are deallocated in accordance to the rules of procedure. Stated above shall also apply during the time in which the award is managed by a provisional administrator and as long as in this function. The reversal shall be approved or denied by founded resolution of the Transport Department, which shall be dealt with in a period of 10 days, from the date of filing of the application. Resources that should stand against such a resolution shall be governed by the provisions of law N ° 19.880.

The assets pertaining to the grant may be available to a provisional administrator who name the Ministry of transport and telecommunications in the cases provided for in this law. In these cases, the use of the goods will result in compensation in favour of the previous dealer, unless provided a rule different in the bidding rules.

Article 3 ° decies. Causales-term of the concessions. Concessions for use of roads and complementary services regulated by this law may end by the following causes: a) the deadline laid down in the contract.

(b) mutual agreement.

(c) expiration.

(d) failure of the licensee.

(e) repeated serious breach of labour standards and social security workers. Contributions social security or health which exceed three monthly periods or the existence of more than four sentences ejecutoriadas for breaches of fundamental rights of the worker and the standards on hours of work, wages, holidays, maternity protection, shall be taken as violations of this kind, among others, delays or omissions in the payment of wages, unionization and anti-union practices.

(f) by any other established laws or the bidding rules.

Article 3 undecies.-term of mutual agreement. If the term of the concession agreement, provided that there is a causal expiration, dealer is obliged to keep the service for a period of not less than six months from the date in which the resolution that puts term is completely processed. In any case, the agreement signed should make express reference to the employment situation and social security obligations accrued until the last day of the month prior to the agreement, operators and other workers. In case of debts the concessionaire will be directly responsible for, and the amount owed shall be deducted from any sum receiving for this concept from the State. There cannot be mutual agreement until that dues are paid.

Article 3 duodecies.-bankruptcy of the concessionaire. Filed a petition in bankruptcy of a licensee, the clerk of the Court shall notify it to the Ministry of transport and telecommunications and the Labour Directorate, within twenty-four hours, by registered letter or other reliable printed or electronic means, in accordance with the provisions of the second paragraph of article 55 of book IV of the commercial code. Immediately after pronunciation the clerk of the Court the judgement declaring the bankruptcy of a dealer shall notify the Ministry referred to earlier, in the same time limit and form.

Pronounced bankruptcy the bankrupt will be inhibited, full-fledged, administration of the concession and the assets pertaining to it. In turn, these goods are excluded from bankruptcy and administration of the trustee.

Notified of the decision to declare the bankruptcy of a company, the Ministry of transport and telecommunications will have the interim administration of the service. As soon assume his post, the provisional administrator must raise an inventory of the assets of the company declared bankruptcy and are suffering award, as well as the status of implementation of the payment of wages and social security obligations.

Any dispute that may arise between the trustee and the provisional administrator will be resolved by the judge of bankruptcy incidentally and in single-instance hearing previously to the Ministry.
Article 3rd terdecies.-the continuity of the service. The Ministry of transport and telecommunications will adopt the necessary measures to ensure the continuity of the provision of the public service and safeguard the rights of the users of such services, as well as the respective dealership workers, and may require the assistance of the police force to secure full compliance of orders through the Ministry of the Interior, instructions and resolutions. This shall not affect the right to strike is exercised under the conditions provided for in the law.

The foregoing is without prejudice that the Ministry of transportation & telecommunications determine the application of the general regime provided for in subsection first 3rd item. "."