Introduces Modifications To The Code Work, In Relation To The Powers Of The Labour Directorate

Original Language Title: INTRODUCE MODIFICACIONES AL CODIGO DEL TRABAJO, EN RELACION CON LAS FACULTADES DE LA DIRECCION DEL TRABAJO

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"Article 1-Introducense the following amendments to the labour code, the text of revised, coordinated and streamlined, was set by the decree with force of law N ° 1, 1994, the Ministry of labour and Social Security: 1. following third, new subparagraph be added to article 184:"will correspond to the direction of the work overseeing compliance with standards of health and safety at work " , in the terms laid down in article 191, without prejudice to the powers conferred to other services of the State under the laws that govern them. "."
2. replace article 190, by the following: ' article 190-health services shall in each case the reforms or minimum hygiene and safety measures that advisable due to the work and health of workers. " To this effect they may prescribe that competent officials visit the respective establishments in hours and opportunities that they deem suitable, and shall specify the period within which these reforms or measures must be made. "."
3. replace article 191, by the following: ' article 191.-the provisions of the preceding three articles shall be without prejudice to the powers of oversight in the field corresponding to the direction of the work. "
The direction of work regarding matters dealing with this title, can monitor compliance with legally required basic measures relating to the proper functioning of installations, machines, equipment and tools.
Whenever one of the entitled services to oversee the implementation of standards of hygiene and safety, be constituted in visit inspection in a Center, work or job, other services shall refrain from intervening with respect to the materials that are being controlled, while total term has not given to the respective procedure.
However, in case the Inspector of labour apply fines for breaches of these rules and the affected, without prejudice to its power to apply to the competent court, file a claim founded on reasons of a technical before the Director of labour, this shall request a report to the authority specialized in the matter and solve technically in compliance with the report. ". '
4 modify the article 292, as follows: to) be inserted following paragraph Fourth, new, passing current subparagraphs fourth and fifth to be fifth and sixth, respectively: "the judge would order an audit report to the respective Regional Labour Directorate. Recorded facts that this report, give account shall constitute a legal presumption, pursuant to the final paragraph of article 23 of the decree with force of law N ° 2, 1967, the Ministry of labour and Social Welfare. This report must be drained within the period of thirty days, as told from his office by the Court. Period expires unless the designated report is received, the judge may dispense with it. "."
(b) antepóne is as the opening phrase of the current fourth subparagraph, which happens to be fifth, as follows: "upon receipt of the report referred to in subsection former or expired time to evacuate it", with lowercase the word "Yes", preceded from a comma (,).
5 Add first the following final sentence in the paragraph of article 294: "the parties may appear personally, without sponsorship of lawyer.".
6 Add the following final sentence in the third subparagraph of article 389: "the parties may appear personally, without sponsorship of lawyer.".
7 the following subsection second, new, added to article 476: "public officials shall inform the respective labour inspection, infringements of labour legislation to take knowledge in the exercise of his office.".
8 replace the second paragraph of Article 477, with the following: "all penalties for violation of this code and its supplementary laws can duplicate in case of recidivism within a period not exceeding twelve months. Back to incur an infringement of the same provision within the mentioned term or the circumstances persist once evacuees all administrative and judicial or expired resources terms for such remedies, in the default that gave rise to the previous sanction the employer shall constitute recidivism. "."
9. Add the following article 478 bis, new: "article 478 bis.-notifications that perform the business address may be made by registered letter addressed to the registered parties are fixed in the contract of employment, in the collective instrument or draft instrument in the case of proceedings relating to collective bargaining, to be shown the background of the performance that concerned or which will be recorded in records of the mentioned Direction. Notification shall be practiced to the sixth business day counted from the date of its receipt by the office of the respective post, what must be point in writing. "."
10 Add the following article 483, new: "article 483.-any person that hires the intellectual services or materials from third parties that is subject to the control of the direction of the work, must give account to the inspection of the work within the three working days following that he met or should know of the robbery or theft of instruments determined in article 31 of the decree with force of law N ° 2" 1967, the Ministry of labour and Social Security, the employer is required to keep at the workplace. The employer may only invoke loss of the referred documents if it has complied with the procedure laid down above and had, moreover, made the respective police complaint. "."