It Obligation Of Payment Of Contributions Pension Arrears As Prerequisite To The End Of The Employment Relationship By The Employer

Original Language Title: IMPONE OBLIGACION DE PAGO DE COTIZACIONES PREVISIONALES ATRASADAS COMO REQUISITO PREVIO AL TERMINO DE LA RELACION LABORAL POR PARTE DEL EMPLEADOR

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(("Sole article.-Introducense the following amendments to the labour code: 1) amending article 162 of the following way: to) added in its first subparagraph before the words"5 or 6", the figure"4"followed by a comma (,).
(b) delete in your paragraph first the phrase end "and state that the pension contributions", and replace the comma (,) that follows the word "given" by "and".
(c) as subparagraphs Intercalanse fifth, sixth and seventh, the following, passing the current subsection fifth to eighth: "to proceed with the dismissal of a worker on any of the grounds referred to in the preceding subparagraphs or the preceding article, the employer must inform you in writing the State of payment of social security contributions payable until the last day of the month prior to the dismissal of enclosing supporting documents justifying it. If the employer has not paid the complete of these pension contributions at the time of the dismissal, this will not produce the effect of termination of the employment contract.
However, the employer may validate dismissal by paying the delinquent taxes of the worker which shall notify this by registered letter accompanied by documentation issued by the corresponding social security institutions, evidencing the receipt of such payment.
Without limiting the foregoing, the employer must pay the worker remunerations and other benefits contained in the contract of employment during the period between the date of dismissal and the date of shipment or delivery of the aforementioned communication worker. ".

(d) replace the current final paragraph, which becomes eighth subparagraph by the following: "errors or omissions incurred on the occasion of these communications that do not relate to the obligation of full payment of the pension contributions, not invalidate the termination of the contract, without prejudice to penalties as referred to in Article 477 of the code.".
(e) add the following new final paragraph: "the Labour Inspectorate, ex officio or upon request of a party, is specially empowered to require the employer accreditation of payment of social security contributions at the time of the dismissal, in the cases referred to in the preceding subparagraphs. It is also empowered to demand the payment of contributions payable during the period referred to in the seventh paragraph. Violations of this subsection will be sanctioned with a fine of 2 to 20 UTM. ".
((2) amended article 480 of the following way: to) be inserted following paragraph third, new, becoming current subparagraphs third to fifth, fourth subparagraph to sixth: "Also, the action to demand the annulment of the dismissal, by application of the provisions of article 162, barred also within the period of six months from the suspension of services.".
(b) replace, in the final paragraph, the phrase "and third", with "third and fourth".