"Article 1-Introducense the following |! |" modifications in law N ° 19.728, which established the |! | Mandatory unemployment insurance: 1) repeal of article 3.
(2) Introducense the following modifications in the |! | (artículo 5°: a) added in the letter to) of its first subsection, to |! | "continuation of the word"worker", as follows: |! |" contract of indefinite duration".
((b) insert in) (b) of the first subsection |! | then of the words "remuneration |! |" taxable,"the following sentence:" in the case of the |! | " workers with a contract of indefinite duration and 3% |! | taxable wages for workers |! | I fixed term contract, or for work, work or |! | particular service. Both, "."
(c) Insert the following new second paragraph, |! | passing the current second and third subparagraphs to be |! | third and fourth, respectively: "However, if the fixed term contract any |! |" transformed into a contract of indefinite duration, the |! | worker will be fond of the planned contribution on the |! | (letter a) and the employer to that established in (b)) |! | of this article for term contracts |! | indefinite, from the date they are any |! | produced such a transformation, or from the day |! | following the expiration of the period of fifteen months to |! | referring the N ° 4 of article 159 of the code of the |! | I work, as appropriate. "."
"(d) replaced in his final paragraph the expression |! |" Fifteen"by the word"ten"and replaced in the same |! | sentence, the period (.) by a comma (,) adding the |! | following sentence "which will increase in three days in the |! |" cases in which this communication takes place via |! | electronic. "."
(3) Introducense the following modifications in the |! | (artículo 6°: a) added below of the final dot (.) to |! | happens to be followed, the following sentence: "said bumper is |! |" Resets annually according to the variation of the |! | Certain real wages index by the |! | National Institute of statistics or index that thing |! | replace, between November of the year anteprecedente and |! | November of the previous year which will begin to |! | applied reset. The tax stop and reset, |! | It will begin to rule the first day of each year. "."
(b) add the following new second paragraph: "However, the tax cap will be reset |! |" provided that the variation of the aforementioned index is |! | positive. If it is negative, the CAP will hold its value |! | existing in Unidades de Fomento and just reset in |! | the opportunity in which occurs a positive variation |! | appropriate application of the provisions in the |! | the first paragraph. "."
(4) Introducense the following modifications in the |! | (article 9: to) replace in your paragraph first the phrase "of the |! |" worker's taxable compensation"with the following:" and 2.8% of the worker's taxable compensation of |! | " contract to indefinite and fixed-term contract, |! | work, work, or specific service, |! | respectively".
(b) add the following final paragraph to his subsection |! | Second: "However, the price of cargo of the |! |" employer to the unemployment solidarity fund, |! | You should find out as long as it remains valid the |! | employment relationship. "."
(5) Insert the following new seventh subparagraph to the |! | Article 10, becoming the current eighth paragraph: "in case of not making the statement to be |! |" regarding the fifth subparagraph within the time that |! | appropriate, the employer will have until the last day |! | business of the subsequent month of the expiration of that one, |! | to prove to the society administering the |! | extinction of its obligation to find contributions |! | worker, because the term or stoppage of the |! | employment relationship maintained. In turn, society |! | Administrator should exhaust efforts having |! | intended to clarify the existence of unpaid dues |! | and, where appropriate, obtain payment for those according to |! | the rules of a general character issued by the |! | Superintendency. Expiry of the period of accreditation |! | termination or suspension of the employment relationship, without be |! | He has credited such circumstance, it is presumed only |! | for the purposes of this article, and home of the |! | collection in accordance with the provisions of the |! | Article 11, that the respective contributions are |! | declared and not paid. "."
(6) Introducense in article 12 the |! | ((following modifications: to) delete in its letter to) the phrase ", with |! |" exception of the causal N ° 4 or 5 of article 159 |! | the same code. "."
"((b) insert in the letter b), between the words |! |" That"and"record"the following sentence:" the worker |! | " with indefinite contract".
(((c) Agreganse the following letters c) and (d)) new: "c) in the case of the term contract worker |! |" fixed or for work, work or particular service, shall |! | register at the Individual account for severance pay a minimum |! | 6 monthly quotes continuous or discontinuous, |! | Since their affiliation to insurance or from the date on which are |! | It devengó the latest twist to have had right |! | (conforme a esta ley, y d) find loss of profits at the time of the application |! | provision. "."
(7) Suprimense in article 14 the expressions "and |! |" 4 "and the comma (,) that follows the number"1". In addition |! | "insert the conjunction between the numbers"1"and"2"|! |" and".
(8) in article 15, subparagraphs Reemplazanse |! | the first to the fifth by the following: "settle the following mode of removal of |! |" Individual account for severance pay funds: in the case of workers who cease their relationship |! | work on any of the grounds mentioned in the |! | numbers 4, 5 and 6 of article 159 and article 161 |! | of the labour code, entitled to perform |! | so many monthly turns your Individual account by |! | Severance pay your account balance as allowed |! | Finance, according to the expressed percentages in the |! | second column of the table established in subsection |! | following.
The amount of the severance allowance during the |! | months listed in the first column, |! | It will be up to the percentage indicated in the second |! | column, which refers to the average of the |! | wages earned by the employee in the |! | past 12 months, in which register quotes |! | prior to the end of the employment relationship for |! | those who are hired with duration |! | indefinite. In the case of workers under contract to |! | work, work or specific service or fixed term is |! | consider the accrued earnings average |! | by it in the last 6 months in which to register |! | quotes prior to the end of the relationship |! | labor.
Months average percentage remuneration last 6 or 12 months of contributions as appropriate first 50% second third 45% 40% 35% fifth fourth sixth 30% 25% seventh or top 20% the last month of provision to take right the |! | worker may be less than the percentage indicated in |! | the above table and shall be responsible for the remaining balance |! | Individual account for severance. "."
(9) replace article 16, by the following: ' article 16.-the enjoyment of the benefit contemplated in |! | " articles 14 and 15, will be interrupted every time which is |! | lose the status of loss of profits before being exhausted the |! | all of the spins to which is entitled.
Those workers who having completed a |! | employment relationship maintained another force, and those |! | workers having ended a relationship of |! | work, they are hired at a new job before |! | exhausted all the money from your account |! | Individual severance pay to which they are entitled, have |! | (las siguientes opciones: a) remove the amount corresponding to the provision |! | who would have been entitled in that month, in the case of |! | having been lost.
(b) maintain such balance in the account.
In both cases, the worker will keep to a |! | next period of severance pay the unutilized balance in your |! | account. The balance maintained in the respective note |! | Single by unemployment, increased with the |! | subsequent contributions, will be the new basis for calculation |! | provision. "."
(10) Agreganse in article 19 the following |! | new second and third paragraphs: "workers who are prosecuting their |! |" application for pension may transfer part or total |! | the balance of your Individual account for severance pay to its |! | account of individual capitalization that keep a |! | Pension funds administrator, with the object of |! | increase the capital to finance their pension. In this |! | If, for the purposes of applying the tax |! | laid down in article 43 of the law of tax to the |! | Income, the resources transferred must be registered |! | separately by the administering of funds of |! | Pensions in order to reduce the amount that results from |! | apply to the pension the percentage that the total of the |! | the pension fund resources represent |! | transferred.
The society administrator shall report to the |! | Internal revenue service transfers of the |! | funds which are carried out in accordance with subsection |! | earlier, in the form and term determined by this |! | Service. "."
(11) replace, in paragraph first item |! | 20, the expression for"severance pay" by the phrase "charge |! |" to the Individual account of severance pay or Fund of |! | Supportive unemployment".
(12) repealed paragraph 4 °, with its articles 21 and |! | 22.
(13) replace in article 23, the phrase "0.8% |! |" taxable wages"by the following:" 0.8% and 0.2% of taxable remuneration of the |! | " worker of indefinite-term contracts and contract |! | term, or for a work, work or service |! | determined, respectively".
(((14) Reemplazanse letters a) and b) of article 24 |! | by the following: ' a) register 12 monthly quotes at the bottom |! | " Solidarity severance from their affiliation with insurance or |! | Since it is the latest twist to have devengó |! | dyed right under this law, in the last 24 |! | previous months to the month of the term of the |! | contract. However, the three latest quotes |! | carried out they should be continuous and with the same employer.
(b) that the employment contract ends for any of |! | the grounds provided for in paragraphs 4, 5 and 6 of the |! | Article 159 and article 161, both the code of the |! | Work. "."
(15) in article 25, the following Introducense |! | "(modificaciones: a) replace your subsection first the word |! |" dismissal"for the expression" end of the relationship |! | " labour", and replace the table contained in it by the |! | Intercalanse following paragraphs second, |! | new third and fourth, passing the current to be |! | Fifth, sixth and seventh: "in the case of workers hired to run |! |" fixed, or for a work, work or service determined, |! | the provision for severance pay referred to this |! | article will be extended to the second month with the |! | percentages and upper and lower values designated |! | for months, fourth and fifth in the set table |! | in the preceding paragraph.
Those beneficiaries who are receiving the |! | Fifth giro with charge to the unemployment solidarity fund |! | they are entitled to a sixth and seventh rotation of provision, |! | whenever the national rate of unemployment posted by |! | the National Institute of statistics exceed 1 point |! | percentage of such average rate, corresponding to |! | the previous four years published by this Institute, |! | that will be paid according to the following table: percentage value value average upper lower remuneration last 12 months months sixth 25% $95,000-$40,000-seventh 25% $95,000-$40,000-in the case of workers hired to run |! | fixed, or for a work, work or service determined, |! | When the conditions of unemployment |! | referred to in the preceding paragraph are |! | receiving the second turning, are entitled to a third |! | and fourth rotation, with a benefit equal to the corresponding |! | the sixth and seventh month pointing the table of subsection |! | third of this article, respectively. "."
(c) change the current second paragraph, that has |! | (pasado a ser inciso quinto, de la siguiente forma: i) Reemplazanse the words "the preceding paragraph", |! | by the following: "first and third paragraphs".
(ii) Add then separate point, which |! | happens to be followed, the following sentence: "in addition, such values lower and upper are |! |" they will be reset in the same opportunity before indicated, in |! | 100% of variation experienced in the year |! | previous calendar, the real salary index |! | determined by the mentioned Institute. These values |! | they will be reset by the rate of pay before |! | indicated, provided that the variation is positive. "."
(16) add the following article 25 bis new: "article 25 bis.-the solidarity fund of severance |! |" You can finance sizing programs to facilitate the |! | Re-employment of the unemployed who are |! | receiving the benefits referred to in article |! | earlier and have a low rate of employability. |!| The national training and employment service |! | It will manage and supervise the mentioned programs |! | financed by the Fund, without prejudice of the |! | powers of the Superintendency of pensions in |! | relationship with the control society |! | With respect to the administration of the Fund Administrator |! | Solidarity severance. In the month of January of each year, to |! | through a decree "by order of the President of the |! |" Republic"issued by the Ministry of finance and that |! | must also be signed by the Minister of labour and |! | Forecast Social, will be fixed benefits which are |! | they will be awarded and the total amount of resources that the mentioned |! | Fund be used to finance benefits |! | before mentioned that are granted in that year, whereas |! | the sustainability of the Fund. However, the |! | resources intended for these programs may not |! | for each calendar year, to exceed 2% of the total balance |! | Fund of solidarity severance that record year |! | earlier.
A regulation issued by the Ministry of labor |! | and Social Welfare and signed by the Minister of |! | Hacienda, establish the requirements that must be met |! | the beneficiaries before designated for each programme and |! | How to prove them; procedures of |! | granting of benefits; the criteria of |! | eligibility of the beneficiaries of the programmes; the |! | grounds for term of benefits; the procedure |! | information to the users of the Insurance Commission of |! | Severance pay on the evaluation of programmes; the |! | compatibilities and incompatibilities with the benefits |! | It contemplates the law N ° 19.518; the conditions of |! | objective which should meet or the |! | technical instruments that will determine the rate of |! | employability, which considered, among others, the |! | Labor vulnerability, and any other rules which are |! | necessary for the implementation of the programmes.
Programmes referred to in the paragraph will be |! | executed by the labour information offices of the |! | Article 73 of the law N ° 19.518 and entities |! | private, complying with the requirements set |! | the rules of procedure. "."
(17) added in article 28 the following paragraph |! | new third party: "in addition, there will be no right to the |! |" benefits of this paragraph or granted, cease |! | If the loss of profits was not inscribed on the national stock exchange of |! | Employment. "."
(18) added to the end of the fourth paragraph of the |! | Article 30, the following paragraph: "the concerned |! |" commissions shall be exempt from the tax to the value |! | Added, established in title II of the Decree Law N ° |! | 825, 1974. "."
(19) added, in the final sentence of the second paragraph |! | Article 34, replacing the final dot (.) with a |! | comma (,) the following phrase: "and for the realization of |! |" studies of a technical nature on the part of the |! | Superintendency. "."
20) Agreganse the following items to |! | continuation of the current article 34: "article 34 a.-development studies |! |" technical character of the previous article, the |! | Superintendent may require information from the |! | Database referred to in that article which is |! | necessary for the fulfilment of the objectives |! | established in it and in order to exercise control and |! | oversight in matters within its competence, |! | can make the treatment of personal data |! | This Base contains.
The SVS staff may be saved |! | absolute reserve and secrecy of the information of the |! | which take knowledge in the performance of its |! | functions without prejudice to the information and |! | certifications to be provided in accordance to |! | the law.
Article 34 B-the undersecretaries of finance and |! | of labour and the Directorate of budgets, will be |! | empowered to demand personal data contained |! | in the database referred to in article 34 and the |! | information that is necessary for the exercise of its |! | functions to the Sociedad Administradora de Fondos de |! | Severance pay. In such a case, the treatment and use of data |! | personal making the aforementioned agencies |! | they will be within the scope of control and oversight of |! | such services.
The aforementioned public bodies and their |! | staff shall keep absolute reserve and secret of |! | information to take knowledge and desist is de |! | Use this information in its own benefit or |! | third-party. For the purposes of the provisions of subsection |! | second article 125 of law No. 18.834, whose text |! | revised, coordinated and systematized was set by the |! | Decree with force of law N ° 29, 2005, the Ministry |! | Finance, it is estimated that the facts that configure |! | violations of this provision infringed severely the |! | principle of administrative probity, without prejudice of |! | any other sanctions and responsibilities that apply. |!| Also established sanctions will be applied you |! | in the sixth paragraph of article 34 of this law.
Article 34 C-the Superintendency of pensions |! | It shall draw up a representative sample of the Data Base |! | Article 34, prior dissociation this process |! | pursuant to law Nº 19,628, which |! | It will be made available to natural persons or |! | legal, public or private, such as universities |! | and research centers, among others, to the |! | research and studies, according to the |! | procedure established by the Superintendent. |!| For the elaboration of such shows the Superintendency |! | You must incorporate the proposals which, in effect, perform |! | a technical Committee consisting of a representative of the |! | Ministry of labour and Social Welfare, a |! | representative of the Ministry of finance, a |! | representative of the Superintendency of pensions, a |! | representative of the Trade Union Association of economists |! | According to its number of affiliates possess greater |! | representativeness and the President of the Commission of |! | Users. However, persons above, which |! | require background not contained in the sample, |! | they may ask the Committee information |! | additional who authorize it prior evaluation of the |! | features of the research or study |! | held the applicant. "."
(21) replace the third subparagraph of article 37 |! | by the following: "the Superintendent of pensions and the address of |! |" Budgets must study every three years a |! | actuarial allowing to assess the sustainability of the |! | Unemployment insurance, especially of the severance Fund |! | Solidarity. In addition, this study must be carried out each |! | time to propose a modification to benefits |! | granted by this insurance, except reset |! | referred to in article 25 of this law. Said |! | study should consider an analysis of the contributions |! | and uses of severance pay funds, differentiated according to be |! | the case of workers with permanent contract or |! | a fixed term or for a work, contract work or |! | particular service. The actuarial study be |! | public. "."
(22) replace the third subparagraph of article 40 |! | by the following: "the resources that make up the severance funds |! |" they may deliver collateral to banks and chambers of |! | compensation for operations with derivative instruments |! | (a que se refiere la letra l) of the second paragraph of the |! | Article 45 of Decree Law No. 3,500 of 1980. "."
(23) replaced article 41, by the following: "article 41.-investments carried out with |! |" Funds for severance pay and severance pay Fund resources |! | Solidarity will have sole objective the obtaining of |! | an adequate profitability and safety in accordance to |! | the provisions laid down in paragraph 9 of the |! | Title I of this Act. "."
(24) replaced article 42 with the following: "article 42.-each month than the real profitability of |! |" severance pay and severance pay solidarity, funds of the |! | last six months, exceeding the real return |! | respective to determine the investment regime of the |! | Severance pay funds in accordance with provisions in the |! | Article 58 E, noting the effect the range between the |! | 80 and 90 of the distribution of returns percentile |! | semester of the referential investment portfolio |! | respective, designated in paragraph 9 ° title I of |! | This law, the Commission charged will be the base Commission to |! | that referred to in article 30, increased by ten |! | per cent. In any case, the aforementioned increase may not |! | be superior to 50% of the difference of |! | profitability.
Moreover, in each month in which profitability |! | real determined by the abovementioned regime, noting to the |! | effect the range between 20 and 10 percentile of the |! | distribution of half-yearly returns of the portfolio of |! | respective referential investment, the Commission charged |! | will the Commission already referred, reduced in a ten basis |! | per cent. In any case, this decrease may not be |! | superior to 50% of the difference of |! | profitability.
Whenever you start a new contract of |! | Administration, calculation of the profitability is |! | It will be from the sixth month of operation of the |! | new administration and provided that this period is not |! | less than three months.
The mentioned system will define the methodology of |! | the calculations referred to in the preceding subparagraphs. "."
"(25) replaced in article 46, the expression |! |" the municipality that labour information office |! | appropriate or is closest to his home"|! | the expression "to the national employment exchange to be |! |" regarding title III of this law. "."
(26) replaced into the last paragraph of the article |! | 48 the number "11" by the number "10".
(27) replace paragraph first item |! | 51, the word "or" by a comma (,) and replaced the |! | final dot (.) by a comma (,) and add the following |! | phrase: "Act of reconciliation or compromise or act of |! |" Appearance before the respective labour inspection, |! | enforceable judicial sentence or letter of resignation |! | ratified by the worker before any of the |! | Ministers of faith that article 177 of the Code establishes |! | work. "."
(28) replaced by subsection first item |! | 52, the final dot (.) by a comma (,) and added the |! | next sentence: "so long as their condition of |! |" earnings. "."
(29) added in article 56 the following subsection |! | new end: "the Commission shall have the right to know and be |! |" informed by the administering entity of bag |! | National employment on the functioning of the |! | aforementioned bag. "."
(30) added in article 58, then of the |! | final dot (.), which happens to be followed, the prayer |! | Next: "in addition, the report should contain a |! |" evaluation of the functioning of the national stock exchange of |! | Employment. Also, the report may contain |! | recommendations on the operation and execution of |! | reinsertion programs funded according to thing |! | established in article 25 bis. "."
(31) add the following paragraph 9 °, e |! | incorporanse the following items 58A to 58K: "paragraph 9 ° of the investment of the funds of |! |" Severance pay and severance pay solidarity article 58A.-resources of the unemployment fund and |! | the unemployment solidarity fund will be invested in the |! | financial instruments, operations and contracts than the |! | Article 45 of Decree Law No. 3,500 of 1980, authorizes |! | for pension funds and contracts of promises |! | subscription and payment of shares of investment funds |! | to which refers the sixth subparagraph of article 48 |! | of the decree law.
Article 58B.-investment resources of the |! | Severance pay funds must conform to the limits |! | maxima established within the Central Bank of Chile, |! | of the ranges listed in the following numbers. |!| The powers conferred by this law to the Bank |! | Central de Chile, shall be exercised by prior |! | report of the Superintendent.
1) the upper limit for the sum of investments |! | (en los instrumentos mencionados en la letra a) of the |! | second paragraph of article 45 of Decree Law No. 3,500, |! | 1980, may not be less than 50% nor greater than 80% |! | the value of the severance pay Fund and 35% to 70% of the Fund |! | Supportive unemployment, respectively.
(2) the upper limit for the sum of investments |! | in foreign securities may not be less than 30% or |! | more than 80% of the value of the unemployment fund and the |! | Unemployment solidarity fund, respectively.
Foreign investment that means |! | (a la que alude el párrafo tercero deel número 2), of the |! | Eighteenth paragraph of article 45 of Decree Law N ° |! | 3,500 of 1980.
(3) the ceiling for investment in coin |! | Foreign without Exchange coverage that can maintain the |! | Society administrator may not be lower than 10% nor |! | more than 15% of the unemployment fund and 25% and 35% of the |! | Unemployment solidarity fund, respectively.
(4) the upper limit for the sum of investments |! | the instruments listed in numbers 1, 2, |! | 3, 4, 6 and 7 of the second paragraph of article 58 of the |! | ((((presente ley y en las letras e), f), g), i) and k) of the |! | second paragraph of article 45 of Decree Law No. 3,500, |! | in 1980, whose issuer is less than three years of |! | operation, there may be less than ten percent or |! | superior to 20% of the value of the Fund of |! | Solidarity severance. In the case of the unemployment fund, the |! | maximum limit for the sum of investments in the |! | instruments previously mentioned, shall not exceed 5% of the |! | value of the Fund. The Superintendency of pensions may |! | exclude from the determination of the maximum percentages of |! | investment referred to in this issue the instruments |! | the second paragraph (de cada tipo señalados en la letra k) |! | Article 45 of Decree Law No. 3,500 of 1980.
The maximum limit for the sum of investments in |! | (los instrumentos señalados en las letras g) and h) and the |! | (instrumentos de las letras j) and k) where are |! | representing capital, designated in subsection |! | second article 45, over the amount of the contributions |! | committed under the contracts referred to in the |! | Article 48, both from the Decree Law No. 3,500 of 1980, |! | It will be a 5% and 30% of the value of severance pay funds |! | and solidarity severance, respectively. Shall be excluded for |! | the calculation of this limit investment in titles |! | representative indices of the instruments of the |! | (letra j), shares investment and funds |! | (mutuos de las letras h) and j), of the article |! | 45, when their investment portfolios are |! | preferably consist of debt securities.
Severance pay funds may purchase securities of |! | (((((las letras b), c), d), e), f), i), and debt securities of |! | (la letra j), mentioned in the second paragraph of the article |! | 45 of Decree Law No. 3,500 of 1980, when count with |! | at least two equal risk classifications or |! | superior to BBB and level N-3, concerning the |! | Article 105 of the aforementioned legal body, elaborated by |! | different private rating agencies; and actions of the |! | (letra g) which comply with the requirements concerning |! | the following subsection. May also purchase shares of |! | investment funds and mutual funds listed in the |! | (letra h), and securities representing capital of the |! | (letra j), approved by the Committee |! | Sorting of risk referred to in article 99 |! | of the aforementioned decree law. In the same way may |! | (adquirir instrumentos de la letra k), authorized by the |! | Superintendency of pension and when this requires, |! | the sorter Commission of risk.
(Las acciones a que se refiere la letra g) of the |! | second paragraph of article 45 of Decree Law No. 3,500, |! | 1980's can be purchased for severance pay funds |! | When the issuer meets the minimum requirements to |! | they will be determined in the investment regime of the |! | Severance pay funds. Those actions that do not comply with |! | the above requirements may be acquired by the |! | Severance pay funds when these are classified in |! | first class by at least two entities sorting |! | risk referred to in law No. 18,045.
Severance pay funds may purchase titles |! | ((((((((de las letras b), c), d), e), f), g), h), i), and j) of the |! | second paragraph of article 45 of Decree Law No. 3,500, |! | 1980s, which comply with the provisions in the regime of |! | Investment, but do not meet the requirements |! | established in third and fourth, subparagraphs |! | above, provided that the investment fits to the |! | Special limits set by the above-mentioned regime for these |! | effects.
Article 58.-without prejudice to the above in the |! | previous article, the investment regime of the |! | Severance pay funds may establish other limits |! | maximum depending on the value of severance pay funds, |! | for instruments, operations and contracts of the |! | second paragraph of article 45 of Decree Law No. 3,500, |! | 1980.
Among others, will correspond to the investment regime |! | establish thresholds with respect to instruments |! | (u operaciones que se señalan en los números 1) to 9) |! | (siguientes: 1) instruments referred to in the letters b), |! | (((((c), d), e), f), i), j) and k), the last two when they |! | in the case of debt, the second paragraph of the |! | Article 45 of Decree Law No. 3,500 of 1980, |! | classified in category BB, B and N-4 level of risk, |! | where appropriate, as referred to in article 105 of |! | said decree-law, with only a |! | risk assessment carried out by a sorter |! | private, which in any case must be equal or |! | exceeding the above-mentioned categories, or to whose |! | classifications have been rejected by the Committee |! | Classifying risk;
2) instruments referred to in the letters b) |! | (((((c), d), e), f), i), j) and k), the last two when they |! | in the case of debt, the second paragraph of the |! | Article 45 of Decree Law No. 3,500 of 1980, which |! | have less than B and N-4 level classification, according to |! | applicable and those that do not meet classification |! | risk;
3) actions referred to in the letter g) of subsection |! | second article 45 of Decree Law No. 3,500 of |! | 1980, that do not comply with the requirements laid down in |! | the fourth subparagraph of article 58B and funds of |! | investment and mutual funds referred to in the |! | (letra h) of the cited article 45, unapproved by the |! | Sorting of risk Committee;
4) actions referred to in the letter g) of subsection |! | second article 45 of Decree Law No. 3,500 of |! | 1980, that are of low liquidity; further contributions of funds of |! | (inversión a que se refiere la letra h) of the aforementioned |! | Article, plus any amount of committed contributions |! | the contracts referred to in the sixth subparagraph |! | Article 48 of the Decree Law No. 3,500 of 1980, |! | When are these instruments of low liquidity;
(5) contributions committed through contracts of |! | promise and subscription payment of funds of |! | investment;
(6) shares, mutual funds shares and quotas |! | subsection (de fondos mutuos a que se refiere la letra j) |! | second article 45 of Decree Law No. 3,500 of |! | 1980, not approved by the sorter Commission de |! | Risk;
7) each type of instrument of public offering to |! | (que se refiere la letra k) of the second paragraph of the |! | Article 45 of Decree Law No. 3,500 of 1980;
(8) operations with derivative instruments to be |! | the second paragraph of article 45 (refiere la letra l) |! | Decree Law No. 3,500 of 1980, observing the |! | provisions on this matter includes this |! | legal body;
(9) operations or contracts that have as object |! | the loan or financial instruments, mutual |! | belonging to severance pay funds, which are |! | (refieren las letras j) and m) of the second paragraph of the |! | Article 45 of Decree Law No. 3,500 of 1980.
Article 58 d-the limits in the |! | Article 47 of Decree Law No. 3,500 of 1980, relating |! | investments by issuer, shall apply in the same |! | terms to investments that funds of |! | Severance pay. However, those limits corresponding |! | fix to the regime of funds investment of |! | Pensions, with respect to severance pay funds, will be |! | established in its investment regime, taking in |! | has the effect, classifications and characteristics |! | referred to in article 47 above.
The regime of investment of the funds of severance |! | You can set the same regulatory rules |! | listed in Decree Law No. 3,500 of 1980, |! | with regard to pension funds.
Article 58E.-the pensions Superintendency |! | It will establish an investment regime by resolution |! | for severance pay funds, the Council's previous report |! | Investment technical regulated in Title XVI of the |! | Decree Law No. 3,500 of 1980. The Superintendent not |! | You can set the content investment scheme |! | that have been rejected by the technical Council of |! | Investments and Moreover, in the above-mentioned resolution |! | You should point out the reasons why it did not consider |! | the recommendations that on this matter there |! | made the referral advice. Such resolution shall be |! | issued prior visa from the Ministry of finance, to |! | through the Undersecretariat of Treasury.
In matters not provided for by the investment regime of |! | severance pay funds, shall apply provisions the |! | Regime of investment of the pension funds. |!| The investment regime will also establish |! | referential investment portfolios for funds of |! | Severance pay, for whose elaboration shall attend to the |! | (siguientes consideraciones: 1) the reference portfolio reflecting |! | investment criteria consistent with the objectives of |! | Insurance protection.
(2) that these portfolios are likely to be |! | replicated.
(3) covering these portfolios criteria of |! | stability of investments.
(4) that the information that underpins the portfolios of |! | reference is publicly accessible and can not be altered |! | or manipulated.
(5) to contemplate diversification criteria in its |! | conformation, with respect at least, issuers, |! | nature of instruments and markets.
The Superintendent may revise the composition of |! | the referential investment portfolios every 36 months and |! | submit it to the consideration of the technical Council of |! | Investments referred to in article 58 H, if the |! | numerals of the previous paragraph undergo variations |! | significant.
Article 58F.-the company administrator must |! | policies of investment and solution of |! | conflicts of interest for severance pay funds |! | Noting the provisions of article 50 of the Decree |! | Law No. 3,500 of 1980.
Article 58 g.-the regime of investment for the |! | Severance pay funds see rules for the |! | Regulation of the investment of the funds of severance in |! | function of measuring the risk of its portfolio of |! | investment.
The Superintendent, through standard of character |! | general, may establish procedures for which the |! | Society administrator perform the risk assessment |! | the portfolio of investment funds of |! | Severance pay. This standard will determine the periodicity with the |! | which shall be risk measurement and shape |! | how the results of the measurements that will be diffused |! | they are carried out.
Article 58 h.-the technical Council of investments |! | for severance pay funds will be the same Council |! | referred to in article 167 of the Decree Law No. 3,500, |! | in 1980, relative to the investment of the funds of |! | Severance pay.
Specifically, the Council will have the following |! | (atribuciones y funciones: 1) opinion on the content of the regime of |! | Investment for severance pay funds concerning |! | Article 58 C of this Act and upon the |! | modifications to the Superintendency of pensions |! | propose to make to it. For these purposes, the |! | Council shall issue a report containing its opinion |! | technique prior to the enactment of the norm of |! | General who approve or modify that scheme;
(2) issue technical opinion in all those |! | matters relating to the investment of the funds of |! | Contained in the investment regime severance for the |! | Severance pay funds, and in particular respect of the |! | structure of investment funds limits of |! | Severance, the composition of investment portfolios |! | referential, risk measurement mechanisms |! | investment and operations portfolios |! | second paragraph of article 45 (señaladas en la letra l) |! | Decree Law No. 3,500 of 1980, making the |! | Severance pay funds;
(3) make proposals and issue reports |! | improvement of the investment regime for the |! | Severance pay funds in those cases in which the Council |! | deems it necessary, or when requests it the |! | Superintendent;
4) to pronounce on the matters related to |! | investment of severance pay funds that are |! | consulted by the ministries of finance and of the |! | Labour and Social Welfare; (y 5) Commission technical studies with |! | relationship to the severance funds investment.
Article 58I.-the members of the technical Council |! | investment will receive an additional diet in pesos |! | equivalent to 17 monthly tax units by |! | each session attending, with a maximum of 34 units |! | tax per month for each calendar month, when the |! | Council should treat in this session, subjects |! | exclusively linked to unemployment funds.
Article 58J.-the company administrator must |! | attend shareholders meetings of societies |! | (señaladas en la letra g), meetings of holders of |! | (bonos de las letras e) and f) and the assemblies of |! | contributors of designated investment funds in the |! | the second paragraph of article 45 of Decree (letra h) |! | Law No. 3,500 of 1980, whose shares, bonds or shares |! | acquired with the Fund's severance |! | respective, represented by agents designated by |! | your directory, applying it to effect society |! | Administrator, all of the provisions which the |! | matter dealt with in Decree Law No. 3,500 of |! | 1980 article 58 K-society administrator must |! | observe the provisions of the fourteenth title called |! | the regulation of conflicts of interests, of Decree |! | Law No. 3,500 of 1980. "."
(32) amend article 59 of this |! | (forma: a) add the following second paragraph, passing the |! | current subsection second to be third: "employers who during the 24 months |! |" immediately preceding the respective application, |! | they have been paid within the period that corresponds the |! | contributions provided for in this law, shall have priority |! | in the granting of resources coming from |! | public institutions, financed from resources |! | tax of productive development. For the purposes of thing |! | earlier, must prove previously, before the |! | institutions that administer instruments |! | referrals, compliance with the designated requirement. "."
(b) replace the second paragraph, which becomes |! | Thirdly, the phrase "to the owner of the work, company or |! |" faena in article 64 bis"by the expression" in the |! | " Article 183C".
(33) replacing, in the heading of title II, the |! | "Final" Word for 'General'.
(34) add the following new title III: "title III of the job information and the national stock exchange system |! |" employment article 61.-believe the information system |! | Labour and the national stock exchange of employment, in charge of the |! | Ministry of labour and Social Welfare, whose |! | objectives will be to increase the employability and facilitate |! | the re-employment of unemployed workers |! | affiliated to the unemployment insurance.
Article 62.-Labor information system |! | It will deliver information on the labour market and |! | It will be managed by the Sub-Secretariat of labour.
Article 63.-The national stock exchange of employment will be a |! | instrument designed to facilitate the search and the |! | offer of vacancies for employment for workers |! | unemployed members of the insurance.
Unemployed workers affiliated to the sure |! | Enroll in the national job market may |! | provide business services and access to |! | database of job vacancies. At the same time, the |! | employers who register in the aforementioned bag |! | they may offer job vacancies and search for workers |! | for these jobs.
The administrator of the national job market |! | It shall communicate the training opportunities and |! | jobs available to the beneficiaries of the Fund of |! | Supportive unemployment and those who stopped perceiving |! | benefits of article 25 are maintained |! | unemployed, according to the order of priority established the |! | index of employability, prepared by the Undersecretariat |! | of the work.
The administrator of the national job market |! | You must maintain a database of workers |! | subject to the insurance, with the necessary records for the |! | operation of the mentioned stock exchange which will include the |! | general record of information of the worker, the |! | rate of employability of the worker mentioned in the |! | preceding paragraph, the registry of employers that |! | offer of job vacancies and others determined |! | the Sub-Secretariat of labour, according to thing |! | established in the bidding rules.
The national service for training and employment, the |! | Offices of labour information from article 73 of the |! | Law No. 19.518, other public services and entities |! | private that run programs designated in the |! | Article 25 bis, be able to access the databases of the |! | Administrator of the national employment exchange for the |! | exercise of their functions.
Article 64.-The management of bag |! | National employment will be awarded by a |! | public tender. The invitation to tender and the award of the |! | service will be carried out by the ministries of labour and |! | Social Welfare and finance.
The administering entity of the national stock exchange of |! | Employment is entitled to a remuneration of the Manager of the |! | Solidarity severance Fund.
Terminated the contract of administration of the |! | National employment exchange for the reasons set forth in |! | the bidding rules, the entity that is |! | paying the service that it provides, shall transfer |! | the Sub-Secretariat of labour or who determines this, |! | such exchange and databases that are part of |! | it, allowing the continuity of the service.
During the period of the contract |! | pointed out in the preceding paragraph or subsequent to it, |! | make use of the information contained in the national stock exchange |! | employment for a purpose other than that provided for in this |! | Article, shall be punished with the penalties which are |! | set out in the sixth paragraph of article 34, without |! | prejudice to any other sanctions established the |! | bases of tender and the respective contract.
The administering entity of the national stock exchange of |! | Employment causing during the transfer of the concession |! | not incidental damage to databases that form |! | part of it, or deny or impede delivery or the |! | grant either incomplete, shall be sentenced for |! | According to the bidding rules which establish |! | and the respective contract.
The supervision, control and audit of the |! | entity that manages the national Bolsa de Empleo |! | It will be up to the national service for training and |! | Employment, without prejudice to the powers of the |! | Superintendency of pensions in relation to the |! | control society administrator regarding |! | the administration of the unemployment solidarity fund.
Article 65. Labour information offices |! | for the performance of the duties laid down in the |! | Article 78 of the law N ° 19.518 shall use the |! | information granting the national employment exchange. "."