LAW NO. 20,440 FLEXIBILIZA THE ACCESS REQUIREMENTS TO OBTAIN BENEFITS OF LAW NO. 19,728, PRODUCT OF THE CATASTROPHE OF 27 FEBRUARY 2010 Having present that the H. National Congress has given its approval to the following Bill, Bill: " Title I Flexibiliza the Insurance of Cesantia of Law No. 19,728 in regions of Valparaiso, Libertador Bernardo O ' Higgins, of the Maule, of the Bio Bio, Araucania and Metropolitan Region Article 1.-The affiliated workers to the Insurance of Cesantia referred to in Law No 19,728, the place of work of which shall be within the Regions of Valparaiso, of the Liberator General Bernardo O ' Higgins, of the Maule, of Bio Bio, of La Araucanía and of the Metropolitan Region, will be able to access in special conditions the benefits that this law enshrines when it has been ended their respective employment contracts between 1 February 2010 and 31 July of the same year, both dates inclusive. For the purposes of access to the Solidarity Fund, it shall be understood that it complies with the requirement laid down in Article 24 (a) of Law No 19,728, which records eight monthly, continuous or discontinuous contributions, from the affiliation of the Insurance worker or since the date of the last change to which you have been entitled, provided that they have been registered in the last 24 months before the end of the employment relationship. In any case, the worker must comply with the requirement of the last three continuous contributions with the same employer. The average of the remuneration payable by the worker referred to in the first subparagraph of Article 25 of Law No 19,728 shall be calculated on the basis of those which have become established in the last eight months in which the contributions prior to the year are recorded. term of the employment relationship. In turn, in such cases, the requirement laid down in Article 12 (b) of Law No 19,728 for access to benefits financed from the Individual Capitalization Account shall be at least 8 monthly, continuous or discontinuous and the average of the remuneration payable by the worker, as referred to in Article 15 of the said law, shall be calculated with the last 8 months in which contributions before the end of the employment relationship are recorded, for those workers who are engaged with indefinite duration. Article 2-Workers whose residence is located within the areas referred to in the first article, who receive a last turn from the Fund of the Solidarity Fund, in the period from January to July In 2010, they shall be entitled to the two additional orders referred to in Article 25 of Law No 19,728, without it being necessary to consider the requirement of high unemployment laid down in the third indent of Article 25. Title II Creates a permit for reconstruction with relaxation of access to the Insurance of Cesantia Article 3.-Employers and workers affiliated to the insurance of law No. 19,728 may agree to a permit for reconstruction, which it must be stated in writing, when the employer establishes that his company, located in the regions of the Liberator Bernardo O ' Higgins, of the Maule and of the Bio Bio, cannot grant the agreed work to the workers with whom or to whom the Reconstruction permit or, if it can be granted, the respective activity or faena presents serious risks to the health and safety of the worker as a result of the disaster of 27 February 2010. Such a permit for reconstruction will suspend both the obligation to provide services on the part of the worker, and the obligation to pay the respective remuneration on the part of the employer. The employer must prove that the company or the activity or activity is in one or both of the conditions mentioned in the previous paragraph, by means of an affidavit, provided to one of the ministers of faith established in the Article 177 of the Labour Code. A copy of the said declaration must be forwarded to the respective Labour Inspectorate. The permits for reconstruction may be signed until the last working day of July 2010 and may be understood from the period immediately following the disaster until 31 August 2010. Article 4 °.-The workers referred to in the previous Article shall be entitled to the benefits of Law No 19,728 and shall apply the conditions laid down in Article 12 (b) and (c) and in Article 24 (a) and (c). of that law. For the sole purpose of accessing the benefits of the Solidarity Fund, 8 monthly, continuous or discontinuous contributions will be required, from the affiliation of the workers to the Insurance Fund or since the last change was made. the right, provided that they have been registered in the last 24 months prior to the date of application for the permit; in turn, they must comply with the requirement of the last three continuous contributions with the same employer. The same number of contributions shall be considered for calculating the average of the remuneration payable by the worker referred to in the first paragraph of Article 25 of Law No 19,728. In turn, in such cases, the requirement laid down in Article 12 (b) of Law No 19,728 shall be a minimum of 8 monthly, continuous or discontinuous contributions, and the average of the remuneration payable by the worker, Article 15 of the said law shall be calculated with the last 8 months in which contributions are recorded prior to the date of application of the permit, for those workers who are engaged with indefinite duration. It is understood that each month of leave for reconstruction is equivalent to one month of benefits from the Insurance of Cesantia, for the purposes of the turns that the worker has to pay. The right to payment of the benefit shall cease for the worker who registers contributions to the compulsory insurance of Cesantia during the period in which the permit for reconstruction is in force. During the time the worker is making use of the permit for reconstruction, the benefit of the benefits established in this Title will be incompatible with any paid activity as a dependent worker. Any stipulation to the contrary will be unwritten. Article 5.-Employers who subscribe to a permit for reconstruction may choose to supplement the benefits that the Insurance of Cesantia grants to their workers until they complete 50% of the average of the taxable salaries accrued in the last 8 months in which contributions prior to the commencement of the permit are recorded, for those workers with indefinite contracts, and 35% of the average remuneration, in the case of fixed-term contract workers or by a given work, work or service, in these cases the higher and less than that referred to in Article 25 of Law No 19,728. This option should be expressly stipulated in that permit. The amount of the benefit will be paid by the Administrative Society of Cesantia Funds of Law No. 19,728. In such cases, the payment of the first month of the benefit provided for in the first subparagraph of this Article shall be financed, first, with the balance accumulated in the individual account for unemployment provided for in Article 9 of Law No 19,728. If this balance is insufficient to finance that month, the difference shall be borne by the Fund of the Solidarity Fund. The following months shall be financed by the employer, the Individual Account by Cesantia and the Solidarity Fund of the Solidarity Fund, where appropriate, until the amount of the benefit is completed, in accordance with the order next: (a) with a contribution to the Individual Account by Cesantia from the employer equivalent to 10%, 20%, 30% and 40% of the benefit provided for in the first indent of this Article, for the second, third, fourth and fifth months, respectively, in the case of workers with indefinite contracts; and 10%, for the second month, in the case of workers on fixed-term contracts or for work, work or service. (b) With the remaining balance of the Individual Account by Cesantia, if any. (c) Under the Solidarity Fund of Law No 19,728, where applicable. If the employer's contribution is not credited at the time of payment of the benefit, this amount will be financed from the Fund of the Solidarity Cesantia, and the contribution must be made at the moment of crediting the contribution. The employer's contribution to the Individual Account by Cesantia will be included in Article 31 of the Law on Income Tax. Its collection shall be the responsibility of the Administrative Society of the Cesantia Funds and shall be applicable to the rules on the declaration and payment of contributions to the Insurance of Cesantia, as laid down in Articles 10 and 11 of Law No 19,728, with the exception of Article 10 (7) of that law. The employer's contribution referred to in point (a) of the third indent of this Article shall have the same legal nature as the contributions laid down in Article 5 of Law No 19,728. Article 6.-The employer who carries out the contribution referred to in the previous article may at the same time choose to allow his/her workers with permission for reconstruction to attend training courses, a condition to be stipulated expressly on that permit. The courses will be contracted by the National Training and Employment Service and financed from the resources of the Solidarity Fund of Law No 19,728, which will be made available to the aforementioned Service by the Administ. In accordance with the same procedure established by the Superintendence of Pensions for the training permit that regulates the law N ° 20,351. Within these courses, the actions referred to in the third indent of Article 1 (1) of Law No 19,518 shall be considered to be included. The National Training and Employment Service, through a resolution endorsed by the Budget Directorate, will set the maximum value per hour of training and the minimum duration of courses and training actions for the purposes of the present Article. Without prejudice to the provisions of the first paragraph of this Article, undertakings which are affiliated to an intermediate technical body for the training of Article 23 of Law No 19,518 and which have remaining in the respective (a) the accounts of surpluses which the latter maintains, governed by the Supreme Decree No 122 of 1998, of the Ministry of Labour and Social Welfare, and their amendments, must fully finance the courses to which their employees access This Title. Only in the event that these surpluses are exhausted or insufficient to fully fund the training course will be financed from the Solidarity Fund. However, the exclusivity referred to in Article 6 (5) of Law No 20,351 shall not apply to the permit for reconstruction. Article 7 °.-The benefits of this title in favour of the workers shall not be considered as income for all legal purposes, shall be affected by the contributions set out in the third and fourth subparagraphs of this Article and shall be inembargable. During periods when workers are allowed to rebuild, the provisions of the first paragraph of Article 20 of Law No 19,728 shall apply to them and shall maintain the right to family allowances to beneficiaries, for the same amounts that they were receiving at the start date of the permit for reconstruction. The pension contributions of the workers mentioned in the preceding paragraph shall be paid from the Fund of the Solidarity Fund. These contributions shall be calculated on the amount of the benefit to the worker. The period in which the worker is enjoying the benefit will be repudiated as worked for all the labor and social effects. During periods when the worker is using the permit for reconstruction and attending training courses, the employer must make the Social Security contributions against the Risk of Work Accidents and Occupational diseases established by Law No 16,744, on the amount of the benefit to the worker by application of the first paragraph of Article 5 of this Law, with the one covered by said insurance. The accident that the worker will suffer because of the training to which he was attending, as well as the journey, will fall within the contingencies mentioned in Law No 16,744 and will entitle him to the corresponding benefits. The disabilities and deaths caused by such accidents shall be excluded for the purpose of determining the effective claims of the employing entity referred to in Supreme Decree No. 67 of 1999 of the Ministry of Labour and Social Welfare. Article 8.-Workers whose employment contract ends after the use of a permit for reconstruction, who have not used all the orders they have been entitled to for the application of this Title, may access to the remaining orders in accordance with Article 25 of Law No 19,728. Twelve months from the date of the term of the reconstruction permit shall not be considered for the verification of compliance with the requirements for access to the benefits of the Insurance of Cesantia of Law No. 19,728, the benefits obtained under this Title. Article 9.-The parties may denounce before the Labour Inspectorate the disputes arising from the application of this Title, without prejudice to their ability to use the Courts of Justice. Title III Final provisions Article 10. This law shall enter into force on the date of its publication in the Official Journal. The provisions of Title II shall apply until the last day of August 2010, notwithstanding the workers who, at the time of the term of validity of this law, are making use of the permit referred to in Article 3, may receive the payment of the corresponding month's benefit. Article 11.-For the purposes of accessing the benefits of Titles I and II of this law, the orders of the individual account by default or of the Fund of the Solidarity Fund shall not be considered, in order to have made use of the agreed permission it regulates Law No 20,351. The benefits of Titles I and II of this law shall not be considered for the application of the restriction of access to the Fund of Solidarity Cesantia, which provides for the second indent of Article 24 of Law No 19,728. Article 12.-The Administrative Society of the Fund of Cesantia shall be entitled to an additional fee referred to in Article 30 of Law No 19,728 and Article 20 of Law No 20,351. The additional remuneration shall be determined by calculating the basic commission, in the months remaining in force of the current contract, referred to in Article 30 of Law No 19,728 by the resources of the Fund of the Solidarity Fund to be paid for the benefits referred to in Titles I and II of this law, received by those beneficiaries of Article 24 of Law No 19,728 who have not been entitled to such benefits before the entry into force of this law. The remuneration set out in this article will become due to the entry into force of this law and until the end of the current insurance contract of Cesantia and will be paid, from the Fund of Cesantia Solidario, in the deadlines and in the form determined by the Superintendence of Pensions, by means of a general rule. Article 13.-For the purposes of obtaining the benefits established by this law, the provisions of Article 27 of Law No 19,728 shall apply. Transitional Article.-The greatest tax expense that the application of this law represents, during the year 2010, will be financed from the current budget of the Ministry of Health and in what will be lacking from the resources from the departure And because I have had to approve and sanction it; therefore, enact and take effect as the Law of the Republic. Santiago, 7 May 2010.-SEBASTIÁN PINERA ECHENIQUE, President of the Republic.-Camila Merino Catalán, Minister of Labour and Social Welfare.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to you for your knowledge.-Augusto Iglesias Palau, Subsecretariode Social Welfare.