LAW NO. 19,759 AMENDS THE CODE OF WORK AS REGARDS THE NEW FORMS OF EMPLOYMENT, THE RIGHT TO ORGANISE, THE FUNDAMENTAL RIGHTS OF THE WORKER AND OTHER MATTERS INDICATING, bearing in mind that the H. National Congress has given its approval to the following Bill: " Single article.-Please introduce the following amendments to the Labour Code: 1. Add in Article 1, the following final point: "Workers who provide services in the trades of notary, archivist or conservative shall be governed by the rules of this Code." 2. Replaced the second and third of the Article 2, by the following second, third, fourth, fifth and sixth points, passing the current fourth indent to be seventh: " Acts of discrimination are contrary to the principles of the labour laws. Acts of discrimination are the distinctions, exclusions or preferences based on race, colour, sex, age, marital status, union, religion, political opinion, nationality, national ancestry or social origin, which have as their object to annul or alter the equality of opportunities or treatment in employment and occupation. However, distinctions, exclusions or preferences based on qualifications required for a given job will not be considered discrimination. Therefore, and without prejudice to other provisions of this Code, acts of discrimination are the job offers made by an employer, directly or through third parties and by any means, which they indicate as a requirement to apply to them any of the conditions referred to in the third subparagraph. The provisions of the second and third subparagraphs of this Article and the obligations conferred upon them by employers shall be construed as being incorporated in the employment contracts to be concluded. " 3. The following new final indent is added to the last paragraph of Article 3: " Violations of the rules governing the entities referred to in this Article shall be punishable in accordance with the provisions of Article 478 of this Article. Code. '. 4. Incorporate in Article 5, the following first, new point, passing the current points first and second to be second and third, respectively: " Article 5.-The exercise of the powers that the law recognizes the employer, has as a limit to the respect for the constitutional guarantees of workers, in particular when they may affect the privacy, private life or honour of the workers. " 5. Repeal the fourth indent of Article 8. 6. Add to the first paragraph number 3 of Article 10, replacing the semicolon (;) with a followed point (.), the following final sentence: "The contract may indicate two or more specific functions, whether these are alternatives or complementary;". 7. Amend Article 22 as follows: (a) Replace the words "forty-eight" with "forty-five" in the first indent, and (b) Add the following final, new paragraph: " Likewise, they are excluded from the limitation of working time, workers employed to provide services preferably outside the place or place of operation of the undertaking, by means of the use of computer or telecommunications equipment. '. 8. Replace in the first and third points of Article 23, the words 'ten hours' for 'twelve hours'. 9. Amend Article 25, as follows: (a) In its first indent, '192' shall be replaced by '180' and all the text following the point followed (.) by the following: ' In the case of drivers and auxiliaries of locomotion intercity collective and inter-city passenger services, the time of the breaks on board or on the ground and the waits for them to meet between working shifts without doing work, shall not be imputable to the day and its remuneration or compensation shall be in accordance with the agreement of the parties. In the case of drivers of inter-urban land-load vehicles, the aforementioned rest period shall not be imputable to the day and its remuneration or compensation shall be adjusted in the same way. However, in the case of the latter, the waiting times will be imputed to the day. "b) In its final point, add, following the word" bus "the expression" or truck ", and replace the singular" that "by the plural" those ". 10. Replace Article 27 by the following: " Article 27.-The provisions of the first paragraph of Article 22 are not applicable to staff working in hotels, restaurants or clubs-except administrative staff, laundry, lingerie and kitchen-when, in all these cases, the daily movement is notoriously scarce, and the workers must be kept, constantly at the disposal of the public. The performance of the day set out in this article can only be distributed up to a maximum of five days a week. However, the workers referred to in this Article may not be allowed to stay for more than 12 hours a day at the place of work and shall, within this day, have a rest not less than one hour, attributable to that day. In the event of doubt and at the request of the person concerned, the Director of Labour shall decide whether a particular task or activity is in any of the situations described in this article. The decision may be taken before the competent judge within the fifth day of the notification, who shall decide in a single instance, without trial, hearing the parties. " 11. Replace the first paragraph of Article 32, as follows: " Article 32.-Extraordinary hours may be agreed only to meet the needs or temporary situations of the undertaking. Such covenants shall be in writing and shall have a transitional period of not more than three months and may be renewed by agreement of the parties. " 12.-Amend Article 38 as follows: (a) Replace in the first part of its paragraph The words "one" for "two" and "shall" for "shall" be the fourth. (b) Remove its fifth indent. (c) Substitute its final indent by the following: " In qualified cases, the Director of the Work may authorize, after agreement of the workers concerned, if any, and by means of settled resolution, the establishment of systems exceptional distribution of working days and breaks, where the provisions of this Article cannot be applied, addressed to the special characteristics of the provision of services and, by means of audit, have been established, Hygiene and safety conditions are compatible with this system. The validity of the resolution shall be for the period of four years. However, the Director of the Work may renew it if it is verified that the requirements justifying his/her granting are maintained. In the case of works or work, the duration of the decision shall not exceed the time limit for the execution of the decision, with a maximum of four years. " 13. In Chapter IV of Title I of Book I, after Article 40, the following paragraph 5, new: " Paragraph 5-Part 5-Article 40a.-Work contracts may be agreed with part-time working time, taking into account the nature of the rules in this paragraph, where a working day of not more than two thirds of the ordinary day referred to in Article 22 has been agreed. Article 40a A-In the case of part-time contracts, the overtime pact shall be permitted. The daily routine shall be continuous and shall not exceed 10 hours, and may be interrupted for a period of not less than half an hour and not more than one hour for colation. Article 40a B.-Part-time workers shall enjoy all other rights provided for in this Code for full-time workers. However, the maximum limit for legal gratification provided for in Article 50 may be reduced in proportion, in accordance with the ratio between the number of hours agreed in the part-time contract and that of the ordinary working day of the work. Article 40a-The parties may agree to alternative day-to-day distribution. In this case, the employer, with a minimum of one week's notice, shall be entitled to determine between one of the agreed alternatives, which shall be governed by the following week or period. Article 40a-For the purposes of calculating the compensation to be paid to the worker at the time of termination of his services, the average of the remuneration received by the worker shall be understood as the last remuneration during the term of his contract or the last eleven years of his contract. For this purpose, each remuneration covering the calculation period shall be adjusted for the variation experienced by the consumer price index between the month preceding the payment of the respective remuneration and the month preceding the month preceding the date of payment. contract term. However, if the compensation paid to him pursuant to Article 163 is higher, the latter shall apply to it. " 14. The following Article 92 (a) is inserted as follows: " Article 92a.-Persons who are employed as intermediaries of agricultural workers and those who provide services in commercial or commercial enterprises Agroindustrial products derived from agriculture, wood exploitation or other related industries, must be registered in a special register which shall be carried out by the Inspection of the respective Work for those purposes. " 15. Interleave in the final article 95, between the word "article" and the voice "no", the expression "are of the cost of the employer and". 16. Article 95, the following Article 95a, new: " Article 95a.-In order to comply with the obligation laid down in Article 203, employers whose premises or packaging are within the scope of Article 95 of the Treaty the same commune, may enable and maintain during the respective season one or more common services of living room. ". 17. Replace in the final paragraph of Article 106 the guitarianism "48" by the expression "forty-five". 18. Amend Article 153 as follows: (a) The words 'twenty-five' for 'ten', and the phrase 'Industrial or commercial undertakings', by 'undertakings, establishments, businesses or economic units' shall be amended as follows: (b) Add in the final paragraph, after the separate point (.) to be followed, the following new sentence: "They may also require the incorporation of the provisions which are binding on it in accordance with the following article." 19. Add in Article 154, the following final indent: " The obligations and prohibitions referred to in Article 154, and, in general, any measure of control, may only be carried out by means suitable and consistent with the nature of the employment relationship and, in any event, its application must be general, guaranteeing the impersonality of the measure, in order to respect the dignity of the worker. " 20. The following Article 154 bis is inserted after Article 154: "Article 154 bis.-The employer shall maintain the reservation of all the information and private data of the worker to whom he has access on the occasion of the employment relationship." 21. Replace in Article 155 the words "of the previous article" by "article 154". 22. Replace in the final paragraph of Article 156, the phrase "the text of the internal rules of the company" by the following: "in a text the rules of procedure of the company and the regulation referred to in law No. 16,744". 23. Replace Article 160 (1) by the following: " 1.-Some of the misconduct of a serious nature, duly substantiated, as follows: (a) Lack of probity of the worker in the performance of his duties; made by the worker against the employer or any worker who is employed in the same undertaking; (c) Injures offered by the worker to the employer, and (d) immoral conduct of the worker affecting the undertaking in which he or she is 24. Amend the first paragraph of Article 161, as follows: (a) the expression "and the worker's lack of employment or technical adequacy", and the comma (,) which precedes it. (b) The following sentence shall be inserted after the separate point (.): "The eventual challenge of the causal causes shall be governed by the provisions of Article 168." 25.-Intercalase, following Article 161, the following Article 161a, new: " Article 161a.-Invalidity, in whole or in part, is not just cause for the term of the contract of employment. A worker who is separated from his duties for that purpose shall be entitled to the allowance provided for in the first or second subparagraphs of Article 163, as appropriate, with the increase referred to in Article 168 (b). '; 26. Replace Article 168 by the following: " Article 168.-The worker whose contract terminates by application of one or more of the causes laid down in Articles 159, 160 and 161 and which considers that such application is unjustified, undue or (a) the competent court may, within a period of 60 working days, be referred to the competent court for the purpose of declaring it. In this case, the judge shall order the payment of the compensation referred to in the fourth indent of Article 162 and the first or second points of Article 163, as appropriate, the latter in accordance with the following rules: (a) 30%, if the term has been terminated by application of Article 161; (b) by 50%, if the grounds of Article 159 have been terminated by unjustified application or no application has been made; (c) At 80%, if the case has been terminated on the grounds of the grounds of Article 160, it shall be terminated. If the employer has invoked the grounds referred to in Article 160 (1), (5) and (6) and the dismissal is further declared to be devoid of a plausible plea by the court, the compensation laid down in the first or second points of the Article 163, as appropriate, will be increased by one hundred per cent. If the judge finds that the application of one or more of the contract termination grounds provided for in Articles 159 and 160 has not been accredited, in accordance with the provisions of this Article, the term of the contract shall be understood to be has produced by one of the causes referred to in Article 161, on the date on which the causal was invoked, and there shall be the right to the legal increases corresponding to the provisions of the preceding points. The period referred to in the first subparagraph shall be suspended where, within the period, the worker makes a claim for any of the causes indicated before the respective Labour Inspectorate. That time limit shall continue to be completed after the inspection has been completed. Notwithstanding the foregoing, in no case may the court be heard after 90 working days since the worker's separation. " 27. Replace point (a) of Article 169, by the following: " (a) The communication which the employer directs to the worker in accordance with Article 162 (4) shall constitute an irrevocable offer of payment of the compensation for years of service and of the prior notice of replacement, if the latter has not been given, provided for in Articles 162, 4 and 163, first or second, as appropriate. The employer shall be obliged to pay the compensation referred to in the preceding paragraph in a single act at the time of the extension. Without prejudice to the provisions of the foregoing paragraph, the parties may agree to split the payment of the allowances; in this case, the fees shall state the interest and the adjustment of the period. Such a pact must be ratified before the Labour Inspectorate. The mere non-compliance with the pact will immediately make the total of the debt payable and will be punished with administrative fine. If such compensation is not paid to the worker, the worker may have recourse to the same court referred to in the preceding article, within the same period indicated therein, in order to be ordered and to comply with that payment, and the judge may in this case increase them to 150%, and ". 28. Replace in Article 170, in its final sentence, the words "Article 168 (2)" by "final article 168". 29.-Replace in Article 171, in its first paragraph, the expressions "twenty" for "fifty" and "fifty" for "eighty". 30. The following Article 183 (a), new: " Article 183 a.-In cases where the employer provides training to the worker under the age of 24 may, with the worker's consent, be imputed, the direct cost of the contract to the term of the contract which may correspond to it, with a limit of 30 days ' compensation. The annuity of the respective contract is fulfilled, and within the next sixty days, the employer will proceed to liquidate, for the purpose of determining the number of days of compensation that are imputed, the cost of the training provided, which deliver the worker to his/her knowledge. The omission of this obligation at the indicated opportunity will make this cost unattributable to the compensation that will eventually correspond to the worker. The hours that the worker goes to these training activities, will be considered as part of the working day and will be imputable to this one for the purposes of their computation and payment. The training referred to in this article must be duly authorized by the National Training and Employment Service. This form will be limited to thirty per cent of the employees of the company every year, if 50 or fewer workers are employed in the enterprise, 20% if they work two hundred and forty-nine or less; and ten per cent. 1. in those in which two hundred and fifty or more workers are employed. " 31. Replace the heading of Article 216, as follows: " Article 216.-The trade union organisations shall be constituted and shall be referred to as the workers they affiliate. They may, inter alia, constitute the following: ". 32. Replace Article 217 by the following: " Article 217.-Officials of State-owned enterprises of the Ministry of National Defense or related to the Government through the Ministry of National Defense may constitute organizations union in accordance with the provisions of this Book, without prejudice to the rules on collective bargaining contained in the following Book. " 33. Replace Article 218, by the following: " Article 218.-For the purposes of this Book III shall be ministers of faith, in addition to the inspectors of the work, the public notaries, the officers of the Civil Registry and the officials of the State administration to be designated as such by the Labour Directorate. With regard to the act of constitution of the union, the workers must decide who will be the minister of faith, choosing one of those mentioned in the previous paragraph. In other cases in which the law requires a minister of faith generically, they shall have such quality as those mentioned in the first paragraph, and if there is nothing in dispute, they shall be ministers of faith who shall determine the status of the union. " 34. Modify Article 220, as follows: a) Consider your current No. 1 as No. 2 and the latter, No. 2, as No. 1, and b) In the current No. 2, which becomes No. 1, elimin (i) the phrase 'at the level of the undertaking, and also, where, after agreement of the parties, the negotiation involves more than one undertaking'; replace the point followed (.) by a comma (,), and enter the word 'Subscribe' with a lower case. 35. In Article 221, the following third, fourth and fifth, new points are added: " Workers who are in the form of a trade union, a business union or an intercompany trade union are entitled to employment. from the ten days prior to the holding of the respective constituent assembly and up to thirty days of realized. This fuel may not exceed 40 days. Workers who constitute a union of transient or casual workers, enjoy the jurisdiction referred to in the preceding paragraph, until the day after the constitutive assembly and shall be applied in their respect, the provisions of the final of Article 243. This fuel shall not exceed 15 days. It shall apply to the provisions of the preceding two subparagraphs, the provisions of Article 238 (3). ' 36. The following new sentence shall be inserted in the first paragraph of Article 224, between the words "trade union" and "gozaran": "referred to in the third indent of Article 235". 37. Interleave in the first paragraph of Article 225, between the expression "of the directory" and the comma (,) that follows, the expression "and those within it enjoy", and replace the expression "the next working business day" by " within the three the following working working days. ' 38. Article 227, as follows: ' Article 227.-The formation of a trade union in a company with more than 50 employees shall require a minimum of 25 workers representing at least 10% of the total total of those who provide services. Notwithstanding the foregoing, in order to constitute such a trade union organization in those undertakings in which there is no existing trade union, at least eight workers shall be required, and the quorum required in the preceding paragraph shall be completed within the time limit. a maximum of one year, after which his legal personality, by the sole ministry of law, expires at the event of not being met with that requirement. If the company has fifty workers or less, they will be able to form union eight of them. If the undertaking has more than one establishment, the workers of each of them may also be the trade union, with a minimum of 25 workers representing at least 30% of the employees of the establishment. Without prejudice to the foregoing, whatever percentage they represent, two hundred and fifty or more workers of the same undertaking may be union. '. 39. Replace Article 228, as follows: "Article 228.-To constitute a trade union other than those referred to in the preceding article, it shall be required for a minimum of twenty-five workers to enter into the competition." 40. Add at the end of Article 229, replacing the endpoint (.) with a semicolon (;), the following: " if you force twenty-five or more workers, you will elect three union delegates. However, if 25 or more workers were to be employed, and two or one of them was elected as a trade union director, one or two trade union delegates may be elected respectively. The trade union delegates shall enjoy the jurisdiction referred to in Article 243. '; 41. Replace Article 231, as follows: " Article 231.-The status of the union shall include the membership requirements, the challenge and the rights and obligations of its members, the requirements to be elected as a union leader, the mechanisms for amending the statute or merger of the union, the internal disciplinary system and the class and denomination of the union identifying it, which may not suggest the single or exclusive character. The partners ' assemblies will be ordinary and extraordinary. The ordinary assemblies shall be held with the frequency and the opportunity laid down in the statutes, and shall be cited by the president or by the statutes. The extraordinary assemblies will be convened by the president or by twenty percent of the partners. The statute should provide for the members to be able to exercise their freedom of opinion and their right to vote. It may also contain rules for the weighting of votes, when it is for non-permanent workers. The trade union organisation shall keep an updated register of its members. " 42. Article 232 is replaced by the following: " Article 232.-The statutes shall determine the bodies responsible for verifying the electoral procedures and the acts to be carried out in which the collective will is expressed, without prejudice to the those acts in which the law or the statutes themselves require the presence of a minister of faith referred to in Article 218. The statutes shall also lay down the number of votes to which each member is entitled, with the right of minorities to be protected. The statutes shall be public. The statute will regulate the control and annual account mechanisms that the union directory will have to give to the assembly of members. The annual account, in respect of the financial and accounting administration, shall have the report of the committee reviewing accounts. It must also expressly provide for the guarantee measures of the members of access to information and trade union documentation. " 43. Following Article 233, the following Article 233 a, new: " Article 23a.-The assembly of workers may agree to the merger with another trade union organisation, in accordance with the rules of this Article. In such cases, once the merger and the new statute for each of them have been approved, the choice of the directory of the new organization will be made within ten days of the last assembly to be held. The assets and obligations of the merging organizations will be passed in full to the new organization. The minutes of the assemblies in which the merger is agreed, duly authorized to the Minister of Faith, shall serve as the title for the transfer of the goods. " 44. Article 235 is replaced by the following: " Article 235.-The trade unions which are affiliated to less than twenty-five workers shall be led by a Director, who shall act as President and shall enjoy employment. In other cases, the directory shall be composed of the number of directors established by the statute. Without prejudice to the provisions of the foregoing paragraph, they shall only enjoy the jurisdiction laid down in Article 243 and the permits and licences laid down in Articles 249, 250 and 251, the highest relative majorities set out below, those who shall elect the President, the Secretary and the Treasurer among themselves: a) If the union brings together twenty-two hundred and forty-nine workers, three directors; (b) If the union groups between two hundred and fifty-nine hundred and ninety-nine workers, five directors; (c) If the trade union takes a thousand and two thousand nine hundred and ninety-nine workers, seven directors, and d) If the union is made up of three thousand or more workers, nine directors. In the case of trade unions which have a presence in two or more regions, the number of directors shall be increased by two, when the number of directors is in the case of point (d). The trade union mandate shall last no less than two years, no more than four years and the directors may be re-elected. The statute will determine how to replace the director who stops having such quality for any cause. If the number of directors-in-office referred to in the third subparagraph of this Article decreases to such an amount, which shall prevent the working of the directory, a new election shall be required. The statutes of trade unions established by workers on board or seafarers may empower each trade union director to appoint a delegate to replace him when he is on board, to which the rules on jurisdiction will not apply. union. By way of derogation from the third subparagraph of this Article, the directors referred to in that provision may give in all or part of the permits granted to them in Article 249, to the elected directors who do not enjoy such permits. Such transfer shall be notified to the employer at least three working days in advance of the day on which the use of the permit referred to in the transfer is made effective. " 45. Replace Article 236, by the following: " Article 236.-To be elected or to act as a union director or union delegate in accordance with Article 229, it is necessary to comply with the requirements of the respective statutes. '. 46. Replace Article 237, as follows: " Article 237.-For the first directory election, all workers who attend the constituent assembly and who meet the requirements to be a union director shall be candidates. In the following elections of a union directory, candidates must be presented in the form, opportunity and with the publicity that they indicate in the statutes. If they do not speak, the nominations must be submitted in writing to the secretary of the directory no earlier than 15 days after two days prior to the date of the election. In this case, the secretary must communicate in writing or by registered letter the circumstance of having submitted a candidacy to the Inspection of the respective Work, within two working days following its formalization. Those who obtain the highest relative majorities will be elected. In the cases where there is a level of equality of votes, it will be The statute and if nothing will be said, it will proceed only with respect to those who are in such a situation, to a new election. " 47. Article 238, as follows: ' Article 238.-Workers of the trade unions, the establishment of undertakings, the intercompany and of temporary or temporary workers, who are candidates in the form prescribed in the Article 243 (1) of the Treaty shall apply to the Member State in which the person concerned is entitled to the right of the employer or the employer and to the Inspection of the Work concerned, the date on which the application is made. the respective choice and up to the latter. Such communication shall be carried out at an advance not exceeding 15 days from the date of the election. If the election is postponed, the jurisdiction shall cease on the date on which the election was held. This rule will also apply in the elections to be practiced in order to partially renew the directory. In the same undertaking, workers may enjoy the jurisdiction referred to in this Article, only twice during each calendar year. " 48. Add in Article 239, the following second paragraph, new: "The statute shall establish the seniority requirements for the vote of election and censorship of the trade union directory." 49. Repeal Article 240. 50. Repeal Article 241. 51. Article 242 should be repealed. 52. Delete in the first paragraph of Article 243 the sentence " In the same way the jurisdiction shall not remain in the case of dissolution of the trade union, where the union takes place by application of points (c) and (e) of Article 295, or of the causals provided for in its (a) the laws of the Member States of the European Parliament and of the Council of the European Union. Repeal Article 245. 54. Replace Article 246, by the following: " Article 246.-All directory elections, votes of no confidence and votes of the same, shall be carried out simultaneously in the form that the statutes determine. If they do not say, they will be subject to the rules determined by the Directorate of Labour. " 55. Repeal Article 248. 56. Article 253 should be repealed. 57. Article 254 should be repealed. 58. Replace, in the fifth indent of Article 255, the phrases "in which the captain, as minister of faith," shall, for the following: "in which, as minister of faith, who or who determines the statutes,". 59. The second paragraph of Article 257 is replaced by the following: "The disposal of real estate must be dealt with in an assembly referred to in the directive." 60. Replace, in the first paragraph of article 258, the words "To the directory" by the expression "To the directors". 61. Replace, in the third indent of Article 261, the final point (.) by a comma (,), and then add the following: " for which you must be sent a copy of the respective act. Copies of such minutes shall have executive merit where they are authorised by a notary public or by a Labour inspector. It is presumed that the employer has practised the discounts, for the sole reason that the worker's remuneration has been paid. " 62. Article 264 should be repealed. 63. Article 265 should be repealed. 64. Article 266 is replaced by the following: "Article 266.-The union of three or more trade unions, and by confederation, the union of three or more federations or of twenty or more trade unions." 65. Add in Article 267, the following second indent, new: " The trade union federations may establish in their statutes, that they become the quality of beneficiaries of the actions that the organization develops in solidarity, formation employment and for the period of time to be established, workers who cease to have such quality and who have been partners to the date of termination of the services, of one of their basic organizations. " 66. Delete in the first paragraph of Article 268, the words "or confederation". 67. Add, in the final paragraph of article 269, after the words "article 223", the expression "with the exception of its first indent", preceded by a comma (,). 68. Article 271 was repealed. 69. Repeal Article 275. 70. Delete, in Article 284 (2), the expression "as for example:" and the seven paragraphs that follow, replacing the comma (,) that precedes that expression by an end point (.). 71. Repeal Article 285. 72. Add in Article 286, the following second indent, new, passing the current second indent to be third indent: " The contributions to the trade unions will be deducted and they will find directly to them, in the terms provided for in the article 261. ' 73. Article 287 is replaced by the following: "Article 287.-The trade unions shall be dissolved by the same grounds established in respect of the trade union organisations." 74. Replace Article 288, by the following: " Article 288.-In all that is not contrary to the special rules governing them, it shall apply to the federations, confederations and central, the rules established with respect to the trade unions, contained in this Book III. " 75. Amend Article 289 as follows: (a) in point (a) above, the sentence: "or provide them with the information necessary for the fulfilment of their obligations"; (b) Intercalase the following point (b), new, passing the current letters (b), (c), (d), (e) and (f), (c), (d), (e), (f) and (g); respectively: "(b) The refusal to provide the leaders of the trade union or the basic trade unions with the information referred to in Article 315 (5) and (6); (c) Substitute (f), which becomes point (g), by the following:" g) He who applies the stipulations of a contract or collective agreement to the workers referred to in the Article 346, without making the discount or the delivery to the union of the discounted according to the said norm. " 76. Make the following amendments to Article 292: (a) Substitute in its first subparagraph the expression "a monthly tax unit to ten annual tax units", by the expression "ten to one hundred and fifty monthly tax units"; (b) Substitute in its third subparagraph, the comma (,) located at continuation of the expression "Courts of Letters of Work" by an end point (.), by deleting the following text; and (c) Re-place the fourth, fifth and sixth points, for the following: " The Labour Inspectorate shall report to the court competent, the facts which it considers to constitute anti-trade or unfair practices of which Take cognizance of, and accompany this complaint, the relevant audit report. The facts established that account of this report will constitute a legal presumption of veracity, according to the final article 23 of the decree with force of law Nº2, of 1967, of the Ministry of Labor and Social Welfare. The Inspectorate may also take part in the judgment which is therefore to be found in this case. Without prejudice to the foregoing, any interested party may report anti-union or unfair conduct and be a party to the proceedings. The parties may appear personally, without the need for sponsorship of a lawyer. Upon receipt of the complaint, the judge will cite the defendant, ordering him to accompany all the records he deems necessary to resolve. It shall also give the same hearing to the complainant and to the alleged persons concerned, to expose what they consider to be appropriate in respect of the facts complained of. The summons shall be issued by registered letter, addressed to the addresses contained in the audit report and shall be understood as being practised within the period referred to in Article 478a. The hearing must be held on a date not earlier than the fifth or after the tenth day following the date of the summons. With the merit of the audit report, as set out by the aforementioned and the other evidence accompanied by the process, which will be appreciated by the judge, the judge will deliver a sentence at the same hearing or in the third day. If the anti-union practice has involved the dismissal of a worker in respect of who has been accredited as being covered by the jurisdiction provided for in Articles 221, 224, 229, 238, 243 and 309, the Judge shall, in his first decision, have, or at the request of a party, the immediate reinstatement of the worker to his or her duties, without prejudice to the provisions of Article 174 (2), as appropriate. If the judgment gives an established anti-union or unfair practice, it will also have the acts that constitute such practice subsated or amended; the payment of the fine referred to in this article, fixing its amount, and rejoining in immediate form for workers who are subject to employment in a separate way, if this has not been done before. Copy of this judgment must be sent to the Directorate of Labour for registration. " 77. Replace Article 294, as follows: " Article 294.-If one or more of the anti-union or unfair practices set out in this Book or in Title VIII of Book IV have involved the dismissal of workers not covered by employment, This will not produce any effect. The worker shall try the appropriate action within the time limit referred to in Article 168. The worker may choose between the reinstatement decreed by the court or the right to compensation provided for in Article 163, with the corresponding surcharge and, in addition, compensation to be fixed by the judge of the case, which does not may be less than three months and not more than 11 months after the last monthly remuneration. If you choose the compensation referred to in the previous paragraph, it will be determined by the court you know of the cause. The judge of the cause, in these processes, the audit report referred to in Article 292 (4) shall be required. '; 78. The following Article 294 (a), new: " Article 294 a.-The Directorate of Labour shall keep a record of the sentences for anti-union or unfair practices, and shall publish semestrally the payroll of companies and trade union organizations. For this purpose, the court will send the Work Directorate copies of the respective rulings. " 79. Replace Article 295, as follows: " Article 295.-Trade union organizations shall not be subject to dissolution or administrative suspension. The dissolution of a trade union organization shall not affect the obligations and rights arising from its members, under contracts or collective agreements entered into by it or by arbitral rulings applicable to it. ". 80. Replace Article 296, by the following: " Article 296.-The dissolution of a trade union organization shall proceed by the agreement of the absolute majority of its members, held in extraordinary assembly and cited with the anticipation established in their status. Such an agreement shall be recorded in the Labour Inspectorate concerned. '. 81. Replace the first paragraph of Article 297, as follows: " Article 297.-The dissolution of a trade union organisation shall also proceed, due to a serious breach of the obligations imposed on it by the law or the failure to comply with the obligations of the trade unions. the conditions necessary for its establishment, declared by the Court of Work of the Court of Work of the jurisdiction in which the respective organization has its domicile, at the request of the Directorate of Labour or any of its partners. " 82. Chapter XI of Title I of Book III. 83. Replace Article 309, by the following: " Article 309.-Workers engaged in collective bargaining shall enjoy the jurisdiction established in the legislation in force, from 10 days prior to the submission of a draft contract. collective up to 30 days after the latter's subscription, or the date of notification to the parties to the arbitral judgment which has been given. However, it will not be required to apply for the immunity of those workers who are subject to a fixed term, when that period shall expire within the period referred to in the preceding paragraph. " 84. Replace Article 313, by the following: " Article 313.-For the purposes set out in this Book IV, the labour inspectors, the public notaries, the Civil Registry officers and the officials of the Administration shall be the ministers of faith. of the State which are designated as such by the Directorate of Labour. " 85. Replace Article 314, as follows: " Article 314.-Without prejudice to the collective bargaining procedure, at any time and without restrictions of any nature, may be initiated between one or more employers and one or more trade union organisations, direct negotiations and without any rules of procedure to agree on common working conditions and remuneration for a certain period of time. The trade unions of temporary or temporary workers may agree with one or more employers, common working conditions and remuneration for certain transitional or seasonal works or activities. " 86. After Article 314, the following new articles shall be inserted: " Article 314 a.-Without prejudice to the provisions of the previous Article, in the case of groups of workers joining in to negotiate, the following rules shall be observed: Minimum procedural requirements: (a) Groups of eight or more workers shall be involved. (b) The workers shall be represented by a special negotiating body, no less than three members and no more than five, elected by those involved in a secret ballot held before a Labour inspector. (c) The employer shall be obliged to respond to the presentation made by the workers within a period of 15 days. If it does not, the fine provided for in Article 477 shall apply; (d) The approval of the final proposal of the employer shall be provided by the workers involved in a secret ballot held before a Labour inspector. If an instrument is signed without these minimum procedural rules, it shall have the nature of an individual contract of employment and shall not produce the effect of a collective agreement. However, if a collective agreement has been concluded in a company, this will not prevent the remaining workers from submitting collective contract projects, in accordance with Article 317. Article 314 A-The trade union grouping agricultural workers of the season shall have the right to submit to it or to the respective employers a draft collective agreement to which they shall respond within 15 days from the date of the receipt of the respective draft convention. If the answer above is not verified, the Labour Inspectorate at the union's request may be entitled to it within 5 days of the date of this request, so that the reply is delivered, under the warning of the sanction. provided for in Article 477. The negative response from the employer, only enables the union to present a new project in the following season. The direct negotiation must be completed, at an advance not less than 30 days before the start of the seasonal agricultural work. Article 314 bis B.-The negotiation referred to in the previous Article, common rules of work and remuneration, including, in particular, those relating to the prevention of risks, hygiene and safety, may be agreed; distribution of the working day; rules on feeding, transfer, room and cots. It will also be the subject of this negotiation: a) Agreed to minimum remuneration rules, which will govern for workers affiliated to the union, and b) Pactar the forms and modalities under which the working conditions will be fulfilled and Agreed employment. It may also, if agreed by the parties, agree on the future recruitment of a number or percentage of the workers involved in the negotiation. The stipulations of these agreements shall be as an integral part of the individual contracts to be concluded during their term with those affiliated to the union and shall have the period of duration to be fixed by the parties, which shall not be may be less than the respective season. Article 314 bis (c)-The negotiations on Articles 314, 314 bis, 314 bis A and 314 bis B shall not be subject to the procedural rules laid down for collective bargaining, nor shall they give rise to rights, prerogatives and obligations. which is indicated in this Code. Collective instruments to be signed shall be referred to as collective agreements and shall have the same effect as collective agreements, without prejudice to the special rules referred to in Article 351. '; 87. Add to Article 315, the following fifth and sixth, new points: " Any trade union or company negotiating group may apply from the employer within three months prior to the date of expiry of the collective contract in force. essential background for the preparation of the draft collective contract. For the employer it shall be compulsory to deliver at least the balance sheets of the two years immediately preceding, unless the undertaking has a minor existence, in which case the obligation shall be reduced to the time of its existence; The financial resources required for the preparation of the project referred to in the months of the year and the overall labour costs of the same period. The employer will also provide the relevant information that has an impact on the company's future investment policy, provided that it is not considered confidential. If in the company there is no collective contract in force, such records may be requested at any time. " 88. Amend the first paragraph of Article 320 as follows: (a) Replace the phrase "If the employer communicates" by "The employer shall communicate", and the comma (,) following the word "collective" by the conjunction "and", and (b) word "Book" and the end point (.), the following: "or adhere to the submitted project". 89. Add to Article 327, the following second and third points, new: " In the negotiations in which the labor bargaining commission is the directives of one or more trade unions, you will be able to attend as an advisor to you, and in your own right, a leader of the federation or confederation to which they are attached, without their participation being computed for the purposes of the limit set forth in the preceding paragraph. In the case of a negotiating group of workers belonging to an inter-company trade union, he will be able to attend the negotiations as an adviser to those, and in his own right, a union leader, also without his participation being computable. for the limit laid down in the first subparagraph of this Article. ' 90. Amend Article 329 as follows: (a) Intercalase, in its first indent, between the word "invoke" and the final point (.), the following: ", it being compulsory at least to attach a copy of the documents referred to in the fifth indent of the Article 315, where such antecedents have not previously been delivered, and (b) Substitute your second indent by the following: " The employer shall respond to the draft collective agreement within 15 days of its submission. The parties may, by mutual agreement, extend this period by the term they deem necessary. " 91. Delete in the last paragraph of article 331 the following final sentence: " Neither shall be mate In this case, the differences in the content of the basis for the employer's response and the quality of the background accompanying it. " 92. The following new articles are inserted after Article 334, Chapter II of Title II of Book IV: " Article 334 a.-By way of derogation from the second indent of Article 303, the intercompany trade union may present a the draft collective contract of employment, representing its members and the employees who join it, to employers who occupy workers who are members of such a trade union, which shall, where appropriate, be entitled to subscribe to them. respective collective contracts. To carry out this presentation, it will be required to do so on behalf of a minimum of four employees of each company. Article 334 A-For the employer it will be voluntary or optional to negotiate with the intercompany union. Its negative decision must be expressly stated within ten working days after notification. If their decision is negative, the workers of the company affiliated to the intercompany union will be able to submit draft collective agreements in accordance with the general rules of this Book IV. In this case, workers must appoint a special negotiating body in accordance with Article 326. In any case, the trade union delegates existing in the company will, in their own right, integrate the labor bargaining commission. Article 334 bis B.-If the employers to whom the draft collective agreement was submitted express their intention to negotiate jointly, within the time limit laid down in the first indent of the previous article, they must integrate a joint negotiating commission, which shall be composed of a representative of each undertaking. If they are more than five, they may delegate such representation to a committee of up to five members, which shall be extended to the Minister of Faith. In the case provided for in the preceding paragraph, the labour bargaining committee shall be integrated by the trade union directive or by the number of its members. Where the provisions applicable to a particular undertaking are to be discussed, it shall also be integrated by the respective trade union delegates and, if not, by a delegate elected by the employees of the undertaking. involved. The joint negotiating committee shall provide a common response to the draft, which may contain general provisions for all undertakings as separate for each of them. The reply must be given within 25 days of the expiry of the ten-day period laid down in the first indent of Article 334 a. Article 33a (c)-The submission and processing of the draft collective contracts referred to in Articles 334 a A and 334 bis B, as not provided for in these provisions, shall be in accordance with the provisions of Chapter I of Title II of Book IV and, as appropriate, the other special rules of this Chapter II. ' 93. Replace Article 346 by the following: " Article 346.-Workers to whom the employer extends the benefits stipulated in the respective collective instrument, for those who hold office or perform duties They shall provide the trade union which has obtained such benefits, seventy-five per cent of the ordinary monthly contribution, for the entire duration of the contract and the modified covenants thereof, to be counted on the date on which it is apply to them. If they have obtained them more than one trade union, the contribution shall be to the one the worker indicates; if he does not do so, it shall be understood that he opts for the most representative organisation. The amount of the contribution referred to in the preceding paragraph must be deducted by the employer and given to the respective union in the same manner as provided for by the law for the ordinary union dues and shall be readjusted in the same manner as these. The worker who is challenged by the trade union organization, will be obliged to quote in favor of this the seventy five percent of the ordinary monthly contribution, during the entire duration of the collective contract and the modified compacts of the same. The provisions of this Article shall also apply to workers who, having been employed in the undertaking after the subscription of the collective instrument, agree on the benefits to which they were referred. " 94. Add in the first paragraph of Article 347, after the word "years", the following: "not more than four years". 95. Add the following article 374 bis: " Article 374 bis.-Within the next forty-eight hours of the strike, without recourse to voluntary mediation or arbitration, either party may request the Inspector of Competent work is the interposition of their good offices, in order to facilitate the agreement between them. In the performance of its tasks, the Labour Inspector may cite the parties, either jointly or separately, as many times as it deems necessary, in order to bring positions closer and facilitate the establishment of bases of agreement for the subscription. of the collective contract. After five working days after the request has been made, without the parties having reached an agreement, the Labour Inspector shall terminate his or her work and the strike shall be effective at the beginning of the following working day. Without prejudice to the foregoing, the parties may agree that the Inspector of Labour shall continue to develop its management for up to five days, extending by that fact the date on which the strike must be effective. Minutes signed by the comparenments and the official concerned shall be lifted from the hearings to be held before the Labour Inspector. " 96. Amend Article 378 as follows: (a) Repeal the second subparagraph, and (b) Intercalase, in the third indent, between the expression 'absolute majority' and the separate point (.), the following: 'of those involved in the negotiation'. 97. Replace in the first paragraph of Article 379, the expression "absolute majority of them", by the following: "absolute majority of those involved in the negotiation". 98. Amend Article 381 as follows: (a) Replace the heading of its first indent, by the following: " Article 381.-The replacement of striking workers shall be prohibited, unless the last offer made in the form and with the advance referred to in Article 372 (3), provide at least: "(b) Replace in point (a) of the first subparagraph, the final expression", and " by a semicolon (;). (c) Substitute in point (b) of the first subparagraph the final point (.) by a semicolon (;). (d) Add after point (b), the following point (c), new: " (c) A replacement voucher, which shall be equal to four units of promotion for each worker employed as a replacement. The total sum to which the said bonus amounts shall be paid equally to the workers involved in the strike, within 5 days of the date on which the strike is completed. " (e) Add after point (c), new, the following second, new, passing the current second, third, fourth, fifth, sixth, seventh and eighth, to the third, fourth, fifth, sixth, seventh, eighth and ninth, respectively: " In this case, the employer may hire the workers deemed necessary for the performance of the functions of those involved in the strike, from the first day of having been made is effective. "(f) Intercalase in the current third indent, which becomes a fourth indent, between the expression" of the strike effective "and the point followed (.), preceded by a comma (,), the following:" always and when offering the bonus referred to in point (c) of the first subparagraph of this Article ", and (g) Add in the sixth subparagraph, which becomes the seventh indent, following the end point (.) which is replaced by a comma (,), the following:" and the bonus to referred to in point (c) of the first indent of this Article. ' 99. Replace Article 477, by the following: " Article 477.-Violations of this Code and its supplementary laws, which do not have a special sanction, shall be punished with a fine of one to twenty monthly tax units, according to the the seriousness of the infringement. In addition, if the employer has employed 50 or more employees, the applicable fines shall be two to 40 monthly tax units. However, if the employer has 200 or more employees, the applicable fines shall be three to sixty monthly tax units. In the case of the special fines provided for in this Code, their rank shall be doubled or tripled, as appropriate, if the conditions laid down in the second and third subparagraphs of this Article are met. Notwithstanding the foregoing, if an employer has employed nine or fewer employees, the respective Labour Inspector may, if it considers it appropriate, authorise, at the request of the person concerned, and only for once in the year, the replacement of the fine imposed by the compulsory assistance to training programmes dictated by the Directorate of Labour, which, in any case, may not be longer than two weeks. If the employer does not comply with its obligation to attend such programs within two months, the application of the fine originally imposed, increased by one hundred percent, will be authorized. Infringements of the trade union rules shall be punishable by a fine for tax purposes, from 14 to 70 monthly tax units. '100.-Substitute Article 478 for the following:' Article 478.-A fine shall be imposed for the benefit of the Fiscal 5 to 100 monthly tax units to the employer to simulate the hiring of workers through third parties, whose claim will be governed by the provisions of Article 474. Without prejudice to the foregoing, the employer and the third parties shall be jointly and severally liable for the employment and pension rights corresponding to the worker. Anyone who uses any subterfuge, concealing, disguising or altering his individualization or patrimony and who has as a result elude the fulfillment of the labor and previsions that the law or the convention establishes, will be a fine for tax purposes of 10 to 150 monthly tax units, increasing on average monthly tax unit for each worker affected by the offence, whose knowledge will be the responsibility of the Labour Court of Letters, subject to the rules laid down in Title I of this Book. They fall within the concept of subterfuge, as referred to in the foregoing paragraph, any alteration made through the establishment of distinct social reasons, the creation of legal identities, the division of the company, or other which means for the workers to decrease or loss of individual or collective labour rights, in particular between the first of the rewards or the compensation for years of service and between the latter the right to unionise or to bargain collectively. The employer will be obliged to pay all the work benefits that correspond to the workers who will be able to sue them, in ordinary judgment of the work, together with the judicial action that they will bring to make effective the the liability referred to in the second subparagraph. The limitation period for the actions and rights referred to in the preceding paragraphs shall be five years after the obligations became due. ' Transitional provisions Article 1.-This law shall enter into force on the first day of the month following that of its publication in the Official Journal. Article 2.-The deadline of two years shall be granted, to count from the date of entry into force of this law, so that the trade union organizations in force at that date proceed to adapt their statutes. Article 3.-The modification of the unique article, |! |number 7, letter a), which the present law introduces to the |! |first paragraph of article 22 of the Labor Code, |! |only will govern from January 1, 2005. From the same date they will govern the |! |modifications introduced by the letter a) of the number |! | 9 to the first paragraph of article 25, only in what is |! |refers to the replacement of the guardom "192" by "180", and by |! |the number 17 to the final point of the Article 106. Article 4.-The modification of the single article, number 9, point (b), which this law incorporates into the final article 25 of the Labor Code, will only be governed by the first of January 2003. Article 5.-The modality of the promotion of the training of young people, as enshrined in Article 183a of the Labour Code, can only be carried out in respect of those contracts of employment that are agreed upon from the entry into force of this law. Article 6.-The Director of the Directorate of Labour, in the exercise of his legal powers, shall adopt the measures and rules that are relevant to improve the supervision of the application of the labour law which is the responsibility of the latter. entity in accordance with its organic law. For this same purpose, the President of the Republic may be empowered to, within a period of one year from the date of publication of this Law, by means of one or more decrees with force of law, issued by the Ministry of the Labor and Social Security, which will also have to carry the signature of the Minister of Finance, create 300 new posts in the Fiscalizers Plant of the Labor Department, set out in article 1 of Law No. 19,240. In the exercise of this power, the President of the Republic shall establish the timetable for the creation of these posts, which shall not exceed 31 December 2004. Prior to the dictation of the aforementioned decrees with force of law, the Minister of Labor and Social Welfare will inform the Labor and Social Welfare Committees of the Senate and Labor and Social Welfare of the Chamber of Deputies about the technical fundamentals and the objectives and goals of the measures and standards referred to in the first indent, the number of charges that are created and their schedule, and all of the annual costs involved. This information should be supported by independent technical studies carried out by external experts selected for their competencies in the area. Article 7.-Notwithstanding the provisions of Article 266 of the Labour Code, in the form modified by this law, trade unions affiliated to union confederations to the date of publication of this law may maintain their affiliation to them. Article 8-Facultate the President of the Republic so that, within a period of one year, by means of a decree with force of law of the Ministry of Labor and Social Welfare, the recast, coordinated and systematized text of the Code of the And as I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 27 September 2001.-RICARDO LAGOS ESCOBAR, President of the Republic.-Ricardo Solari Saavedra, Minister of Labour and Social Welfare.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Yerko Ljubetic Godoy, Assistant Secretary of Labor.