Amends Act No. 17.322, The Code Of Labour And D.l. N⺠3,500 Of 1980

Original Language Title: MODIFICA LA LEY Nº 17.322, EL CODIGO DEL TRABAJO Y EL D.L. Nº 3.500, DE 1980

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"Article 1.-Introducense the following modifications in the law No. 17.322."

1) replaced its heading by the following "rules for the judicial collection of contributions, contributions and fines of social security institutions".
(2) replace the article 1st by the following: "article 1.-the rules laid down in this law shall apply to the collection of the social security contributions owed by employers to the institutions of this character, that the judicial collection thereof, or the worker to initiate it.
Whenever this Act or related legislation relating to institution or institutions of social welfare, or institution or social security institutions, means that its provisions apply, either to any of them or to all of them, as the case may be. Equal effects will have, with respect to the contributions, the use of the terms "social security" or "social security".

3) modifying article 2 in the following way: to) in the first paragraph: i) replaced the initial paragraph by the following: "the head of service, the National Director or General Manager of the respective institution of social security, in resolution founded and as appropriate, shall:".

(ii) in the No. 1, replace the word "imposed" by "quotes".

(b) in the subsection second, reemplazanse the expressions "The Director-General, the Executive Vice President or Chief Superior" by "The head of service, the National Director or General Manager".

(c) add the following third paragraph: "the resolutions referred to in this article, shall have executive merit.".

(d) add the following fourth subparagraph: "the trials to which they give origin shall be conducted according to the procedure laid down in the special provisions of this law, and in the title I of Book III of the code of Civil procedure, insofar as they are compatible with them.".

(e) add as a final paragraph, the following: "collection of social security debts concerned resolutions may be signed in mechanized or electronic form advanced by procedures which are authorised in the regulation that it will issue to the effect, in the cases and with the formalities that are established. For all legal purposes, mechanically stamped signature shall be signed by the person whose header has been reproduced. In the case of the electronic signature shall apply the provisions of articles 3, 4 and 5 of the law No. 19.799. "."

((4) amended article 3 of the following form: a) in the first subparagraph, reemplazanse expressions "impositions" and "forecast institutions" by "quotes" and "social security institutions", respectively.

(b) replace the third subparagraph by the following: "resolutions that dictate the head of service, the National Director on the matters referred to in article 2 or the General Manager of the social security institution, will require the identification of the respective workers. In addition, must be indicated, or operations, works, industries, businesses or farms to which they refer, periods which include unpaid contributions and the amounts of compensation for which is has been debiting quotes. "."

(5) replace the article 4th by the following: "article 4.-the worker or trade union or trade association that is affiliated, at the request of the former, can claim the exercise of actions of collection of dues from welfare or social security by the respective institutions, without prejudice to any other legal or judicial actions that correspond.
Worker or the Trade Union or trade association who appear to deduct the claim referred to in the preceding paragraph, shall not require sponsorship of lawyer, and must prove to the Court, any of the following titles: 1st proceedings, signed by the parties and approved by the labour inspectors, to give evidence of agreements produced by these or containing the recognition of a work obligation or social security contributions , or its certified by the respective copies of the Labour Inspectorate.
2nd handed down judgment in a labour judgment ordering the payment of social security contributions.
3rd payment of remunerations paid stating the withholding of contributions and certificate of the corresponding pension institution established its not timely payment for the same period.
4 ° any other title to the laws give force Executive.

Once deducted claim in accordance with the provisions by the preceding paragraph, the judge shall order notify the institution of welfare or social security pointed to by the worker, who shall, within a period of 30 days, as plaintiff and continue the executive actions laid down in the present law, under penalty of being punished in accordance with article 4 bis. Presented the demand by the welfare or social security institution, the Court will order within 15 days notify the requirement of payment and writ of execution and seizure to the employer. If the institution does not dedujere the demand in due time, the Court shall notify the worker or the Trade Union or association which has made the claim. "."

(6) add the following article 4 bis, new: "article 4 bis.-after deduction of the action, the Court will proceed in all stages of the process, in order to allow the continuity of the various proceedings, without the impetus of the parties.
Welcomed the action, and filed in the Court, not may claim for any of the parties the abandonment of the procedure.
However when the judge finds and qualify as incidental, in the same process and founded resolution, that the institution of welfare or social security acted negligently in the judicial collection of social security contributions or social security and this situation has caused pension prejudice direct workers, ordered that he learned in the respective fund, the total amount of debt that was left to collect with the readjustments and interests associated with it, without prejudice to the powers of the institution of welfare or social security to repeat against the employer debtor.
Means that there is negligence of the institution of welfare or social security when:-No files Executive lawsuit within the limitation period, trying to be declared and unpaid contributions, or not continues of executive actions by the employee within the time specified in the preceding article.
-Does not request the injunction referred to in article 25 bis of this law and this generates direct injury to the worker, which will be qualified by the judge.
-Not relevant legal resources that crosses the law and this arises injury pension direct to the worker filed. "."

7) amending article 5 in the following way: to) in the first paragraph: i) replaced the phrase "is formulated in these trials," with the following: "formule that performed in this procedure".

(ii) in the No. 2, be replaced with the expression "impositions" "quotes".

(iii) replace the No. 4 by the following: "4 º compensation in compliance with article 30 of the decree with force of law No. 150 of 1981, the Ministry of labour and Social Welfare, and".

(b) to be added as third, new, the following paragraph: "the opposition should be founded and provide evidence within the five days since the order for payment. Any other exception will be rejected flat. "."

((c) in the third subparagraph, which passes to be subsection fourth, introducense the following modifications: i) the expression "in these trials" be replaced by "In this procedure";
((ii) added between the expressions "articles" and "473", the figure "467" followed by a comma (,), and iii) disposed of after the word "Civil", the phrase "and test exceptions will correspond to which claims them".

(8) Insert the following article 5 bis, new: "article 5 bis.-in this procedure, required payment the debtor in accordance with article 6, the performer institution can expand demand, including resolutions of collection handed down with respect to the same executed that are subsequent to that or those which gave rise to the execution, as well as resolutions also founded in no. 2 of the previous article. In this case, the new order for payment shall be notified by ID or other designated by the parties.
The opposition which is formulated in this case will be processed by separate rope, without that suspension notebook of enforcement with respect to those resolutions in which exceptions were not opposed or they were rejected. "."

((9) amending article 6, in the following way: to) replace, in the first paragraph, the phrase "by the rules laid down in book V of the labour code", with the following: "by the rules laid down in book I of the code of Civil procedure".
(b) Insert the following new second subsection: "In any case, if a party so requests and the court access, notifications in your connection may be made by electronic means, or someone else designated by the part.".
((c) move the current second paragraph, as fourth, with the following amendments: i) replaced the expression ", in addition," that figure after the word "carried out" by the phrase "exceptionally and only in rural areas where there is difficult access to employee of the Court, or a receiver".
(ii) add the following final paragraph: "Will also be place to carry out the order for payment, any home that the employer has registered in the social security institution.".

(d) removed in the third paragraph, the word "institution".
(e) add a final subsection, read as follows: "In any case, no employee of the same court may practice notices, requirements of payment and other proceedings at the request of welfare or social security institutions, unless the judge assigned by resolution founded or that the performer is the worker.".

(10) in article 7, replaced the expression "impositions" with "quotes".

((11) amending article 8 of the following form: a) replaced first subparagraph by the following: 'article 8.-the procedure referred to in this law, appeal only will proceed against the final judgment of first instance resolution declaring negligence in the collection designated in article 4 bis, and resolution that to rule on the measure precautionary measures article 25 bis. If the appellant is the defendant or welfare or social security institution, must be previously given the total sum that judgment ordered to pay, according to the provisions of the preceding article. "."

(b) replacements, in the second paragraph, the opening words "The Court", with the phrase "If the appeal is deduced by the debtor, the Court"; and the words "to the performing institution", the phrase "to the institution of welfare or social security".

(c) add, then in the second paragraph, the following new paragraph: "the appeal will be known account unless the parties by common agreement request allegations.".

(12) replace article 9 th in the following way: "article 9.-shall have jurisdiction to hear this procedure the Court of collection work and social security of the domicile of the defendant or of the place where provision or services, have given to the choice of the actor."
However, knowledge of the matters referred to in the preceding paragraph, will only correspond to the courts of letters of work in those jurisdictional territories in which there are no courts of collection work and pension.
In communities or groups of communities that do not be jurisdictional territory of the labour courts of letters, know letters courts with jurisdiction in Civil matters.
In trials of collection of social security contributions, the accumulation of car rules contained in Title X of book I of the code of Civil procedure shall apply and it will Decree exclusively at the request of the claimant social security institution, in the case of the payment of social security contributions owed to one or more workers for a same employer , corresponding to accumulate the newer trials to oldest. "."

(13) in article 10, replace the term "social welfare institutions" by"social security".

(14) incorporate the following 10 bis, new article: "article 10 bis.-in this procedure, the proceedings may be made by electronic means that permit a proper reception, registration and control of them.".

((15) amending article 11 of the following way: to) replace paragraph first expression "welfare institutions" by"social security".

(b) replace the second sentence of the first paragraph, the expression "the articles 102 et seq. of law No. 4.558" by "articles 131 et seq. of law No. 18.175".

(c) in subsection Reemplazanse second the following expressions "institutions forecast" by"social security"; and the word "seized" by the expression "lock embargo on them".

(16) replace, in the sixth paragraph of article 12, the word "impositions" by "quotes".

(17) added, in article 14 after the word "private" the expression "or public".

((18) amending article 18 as follows: to) Reemplazanse in first paragraph the expression "autonomous State enterprises" and "social security institutions" by "utilities, agencies centralized or decentralized State, quasi-fiscal institutions or other legal persons of public law" and "social security institutions", respectively.

(b) add, in its paragraph first, between the word "designations" and the comma (,) that happens, the phrase "or in the address for service of each other".

(c) Reemplazanse in the third paragraph, the sentence: "four to twenty salary vital in the Metropolitan Region of Santiago", by the expression "one to eighteen unidades de fomento", and the expression "institution of forecast" and "forecast institutions" by "institution of social security" and "social security institutions", respectively.

(d) replaced in the final paragraph the expression "documentary" with "with documentary evidence".

((19) amending article 19 of the following way: to) Reemplazanse in the first paragraph the expressions "impositions" and "forecast" by "quotes" and "social security", respectively.

(b) in subsection Reemplazanse second expressions "of the forecast institutes or", and "impositions" by "from or of the respective social security institutions" and "quotes", respectively.

((20) amending article 20 of the following way: to) in subsection first, insert, after the word "improvements", the following sentence: "and in other contracts on tasks or services entered into with contractors or subcontractors", and replaced the expression "pension" with "social security".
(b) in the second paragraph, replace the expression "pension" by "social security"; be inserted between the words "work" and "through", preceded by a comma (,), the expression "company or slaughter", and replace the word "forecast" by "social security".
(c) in the third subparagraph, insert between the words "work" and "respond", the expression "company or slaughter,", preceded by a comma (,); replaced the expression "pension" by "social security", and following the final dot (.) that is replaced by a comma (,), insert the expression "company or slaughter.".

((21) Introducense following amendments to article 22: to) replacements in the first paragraph the expressions "impositions" and "institutions of foresight", "quotes" and "social security institutions", respectively.

(b) Reemplazanse in its paragraphs fourth and fifth, the expressions: "twenty percent" by "fifty percent".

22) amending article 22 a) as follows: to) replace the first sentence of the first paragraph, the expression "middle Unidad de Fomento" by "0.75 unidades de fomento".

(b) replace, in its second paragraph, the phrase "Chief Superior of the respective institution's forecast" for "Chief of service, National Director or General Manager of the respective welfare or social security institution"; and the phrase "before the judge of the corresponding crime", by the following: "before the public prosecutor or judge corresponding crime, where appropriate".

(c) replace in the third subparagraph, the expression "forecast" by "social security".

23) replacements in subparagraphs first and second of article 22 b) the word "contributions" for "quotes".

24) amended article 22 c) in the following way: to) replace paragraph first the word "impositions" by "quotes".
(b) Insert the following second paragraph again, passing current subparagraphs second and third to be third and fourth, respectively: "when workers are many, should be distributed among them in proportion to their respective claims, charges that apply to everyone, to the oldest months paid or in the way they that is more favorable.".

(25) incorporate the following 25 bis, new article: "article 25 bis.-filed the demand for legal collection of social security contributions, and at the request of the worker or of the institution of welfare or social security that corresponds, the Court will order to the General Treasury of the Republic which withhold the refund of income taxes that corresponds you annually to employers who adeudasen social security contributions , the amounts that are found defaults according to what point the Executive title that serves as basis for the demand. This measure will have the character of precautionary measures.
The Court ex officio or upon request of a party, if appropriate, will order the General Treasury of the Republic attributed the payment of pension debt and turn in favor of the lending institution, the amounts withheld in accordance with the preceding paragraph.
If the amount of the tax refund is less than the amount owed, will remain the obligation of the debtor in the unpaid balance. "."

(26) incorporated into article 29, after the expression "The Superintendent of Social Security", the phrase "and the Superintendent of pension funds", and added the phrase "and article 300 of the code of procedure criminal." after the final dot (.) which happens to be comma (,).

(27) replaced article 31 with the following:
"Article 31.-Contributions and other contributions, as also their legal fees, matching perceive social security institutions, shall enjoy the privilege set out in no. 5 of the 2472 article of the Civil Code, maintaining this privilege by pledge rights and other guarantees provided for in special laws.".

(28) Insert the following article 31 bis, new: "article 31 bis.-the prescription extinguishing actions for the collection of contributions from social security, fines, readjustments and interests, shall be five years and shall run from the end of the respective services.".

(29) Reemplazanse, in article 35, the expressions "forecast" and "contributions" for "security" and "quotes", respectively.