Modifies Books I, Ii And V Of The Code Work, 2472 Article Of The Civil Code And Other Legal Texts

Original Language Title: MODIFICA LIBROS I, II Y V DEL CODIGO DEL TRABAJO, ARTICULO 2472 DEL CODIGO CIVIL Y OTROS TEXTOS LEGALES

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"Article 1-Introducense the following |! |" amendments to book I of the labour code |! | the final paragraph of article 6, approved by law No. 18.620: 1-be replaced by |! | the following: "is the one held by one or more employers group |! |" with one or more trade unions or |! | workers who come together to bargain collectively, or |! | with ones and others, in order to establish |! | common conditions of work and remuneration by |! | a time of terminated. "."
2. replace the third subparagraph of article 8, |! | by the following: "do not give rise to such contract services |! |" providing a student or graduate from an institution of |! | high school or higher education |! | technical-professional, over a period of time, to |! | order to comply with the requirement of practice |! | Professional. However, the company that perform |! | the practice will provide you with collation and mobilization, |! | or a compensatory allocation of such benefits, |! | agreed in advance and specifically, what not |! | It will constitute remuneration for any legal effect.
Do not presume the existence of contract of |! | work services on a regular basis in the |! | Home of the people who made it or a |! | freely chosen by them, without supervision or |! | immediate direction that hires them. "."
3 Reemplazanse first and second subparagraphs of the |! | Article 9, by the following: "article 9.-the contract of employment is consensual; |! |" It must be written in terms that are |! | concerns the following subsection, and signed by both parties |! | in two copies, being one in possession of each |! | Contracting.
The employer who does not record in writing the |! | contract within a period of fifteen days of built-in |! | the worker, or five days if it's contracts |! | work, work, or specific service or duration |! | less than thirty days, shall be punished with a fine to |! | tax benefit from one to five tax units |! | monthly. "."
4. replace the second paragraph of article 11, |! | by the following: "will not be necessary to modify the contracts for |! |" recorded in writing in them derivatives increases of |! | adjustments of remuneration, whether legal or |! | laid down in contracts or collective agreements of the |! | work or in arbitral decisions. However, even in this |! | case, the remuneration of the worker must appear |! | contracts updated at least once to the |! | year, including the concerned adjustments. "."
5 repealed article 15.
6 article 19, replace by the following: ' article 19.-prohibited to minors of |! | " eighteen all night work in establishments |! | industrial and commercial, that run between the |! | Twenty-two and seven hours, with the exception of those |! | in that only working members of the family, low |! | the authority of one of them.
Exempt from this prohibition to older males |! | Sixteen years in the industries and businesses that |! | determine the rules, in the case of works which, in |! | because of its nature, must necessarily be continued |! | day and night. "."
7 replace the second paragraph of article 23, |! | by the following: "shall be excluded from the limitation of day of |! |" I work workers providing service to |! | different employers, managers, administrators, |! | proxy with powers of administration and all |! | those who work without higher supervision |! | immediately, those hired in accordance with this code |! | to provide services in their own home or in a place |! | freely chosen by them, the agents brokers |! | and insurance, traveling salesmen, collectors and others |! | similar to that they do not exercise their functions in-house of the |! | establishment. "."
8 Add the following article 23-A: "article 23-A.-without prejudice to the above in the |! |" previous article, workers who perform a |! | on board fishing vessels shall be entitled to one or more |! | breaks, which may not be altogether, |! | less than ten hours in every twenty-four |! | hours.
When the needs of operations permitted the |! | breaks must be met on Earth. Where is |! | comply wholly or partly aboard ship, this |! | You must have the necessary accommodations for |! | This is.
When the navigation is prologare by more than fifteen |! | days, workers are entitled to a rest |! | minimum of eight continuous hours each day within |! | calendar, or not less than ten hours within the same |! | period, divided into no more than two times of rest.
In cases where the ship lost by shipwreck u |! | Another cause is secured, will be paid with insurance, of |! | preference to all other debt, amounts owed to |! | the crew for wages, evictions and |! | compensation.
In the case of eviction and compensation, the |! | preference shall be limited to the amount established in the |! | fourth subparagraph of article 60.
Crew members that after the wreck have |! | worked to collect the remains of the ship or thing |! | possible load, will get paid, Furthermore, a |! | reward given to the efforts made and a |! | the risks of arrostrados to get the rescue. "."
9 Article 25, replaced by the following: "article 25.-the ordinary working day of the |! |" staff of chauffeurs and auxiliary of locomotion |! | collective long-distance, Intercity services of |! | transport of passengers, drivers of vehicles of |! | long-distance ground load and which serves to |! | Board of railways, will be 192 hours per month. In |! | the case of the drivers and auxiliary of locomotion |! | collective long-distance, Intercity services of |! | passengers and drivers of terrestrial vehicles |! | long distance, the time of breaks on board or in |! | Earth and waits them corresponding to comply |! | between work shifts without performing work, won't |! | attributable to the day and their remuneration or compensation |! | It will adjust to the agreement of the parties.
All the workers referred to in subsection |! | precedent must have a minimum rest |! | uninterrupted for eight hours within each twenty-four |! | hours.
When the drivers and auxiliary of locomotion |! | collective long-distance and the staff who serves to |! | Railways Board arrive to a terminal, after |! | meet on the road or on the track, respectively, a |! | day of eight or more hours, must have a rest |! | land of eight hours minimum.
In any case the driver of collective locomotion |! | long-distance or of terrestrial vehicles |! | long distance can handle more than five continuous hours, |! | after which you must have a rest which |! | minimum duration is two hours.
The bus must have a bunk bed suitable for the |! | rest, provided that this is done total or |! | partially aboard one. "."
10 Add the following article 25-B: "article 25-B-Si in the transport service |! |" urban collective passenger, parties acodaren |! | meet the ordinary working week, shifts these not |! | they will exceed eight hours of work, with a rest |! | minimum of ten hours between shift and shift. In any case, |! | drivers may not drive more than four hours |! | continuous. "."
11 article 26, replaced by the following: "article 26.-the provisions of the first paragraph of the |! |" Article 23 does not apply to persons who |! | develop staple, intermittent work or |! | require your presence.
Nor its provisions shall apply to staff |! | working in hotels, restaurants or clubs, |! | -except for the administrative staff and the de |! | Laundry, linen or kitchen - in companies of |! | Telegraph, telephone, telex, light, water, theatre and |! | other similar activities, when, in all these |! | cases, the daily movement is notoriously scarce, and |! | workers need to keep constantly to |! | available to the public.
However, workers referred this |! | Article may not remain more than 12 hours a day |! | in the workplace and will have, within this |! | day, a rest not less than one hour, attributable to |! | This day.
If in doubt, and at the request of the person concerned, the |! | Director of labour resolved if a certain work |! | or activity is located in one of the situations |! | described in this article. Its resolution can |! | an appeal to the competent judge within fifth day |! | notified, who will resolve in a single instance, without |! | form of judgment, listening parties. "."
12 repeal of the second paragraph of article 29.
13 replace the third paragraph of article 37, |! | by the following: "excluded companies of Sunday rest |! |" They shall grant one day of rest per week in |! | compensation to the activities on day |! | Sunday, and another for each festive in workers |! | they should provide services, applying the standard of the |! | Article 35. These breaks may be common to |! | all workers, or shift to not paralyze |! | the course of the work. "."
(14.-En el artículo 37: a) Insert the following fourth subparagraph, passing |! | subparagraphs fourth and fifth to be fifth and sixth, |! | respectively:
"However, in establishments which are |! |" concerns the N ° 7 of subsection first, less one of the |! | days of rest in the respective calendar month, shall |! | necessarily granted on Sunday. This standard not |! | shall apply with respect to the workers who are |! | contract for a period of thirty days or less, and |! | those whose ordinary day is not more than twenty |! | hours per week or are contracted exclusively for |! | work day on Saturday, Sunday or holidays. "."
(b) in the fourth subparagraph, which happens to be fifth, |! | "the phrase"the preceding paragraph"shall be replaced by the sentence |! |" the two preceding clauses".
15 repealed the fourth subparagraph of article 43.
16 article 44, replaced by the following: ' article 44.-the paid worker |! | " exclusively per day shall be entitled to remuneration |! | cash for Sundays and public holidays, which |! | shall be equivalent to the average accrual in the respective |! | pay period, which is determined by dividing the |! | total sum of the daily wages earned by |! | the number of days that they had legally work in the |! | week.
Will not be considered for the indicated purposes in the |! | previous paragraph remuneration having character |! | accessory or extraordinary, such as bonuses, |! | bonuses, bonuses, or other.
For the purposes of the provisions of subsection |! | third of article 31, the daily wage of the |! | workers referred to in this article, it will include thing |! | paid by this title on Sundays and public holidays |! | included in the period in which are settled the hours |! | extraordinary.
In the preceding paragraphs shall apply, |! | as soon as matches, the days of rest have |! | excepted workers of the rest to be |! | Article 34 concerns. "."
17 replace the subparagraph first of article 47, |! | by the following: "article 47.-for this purpose shall be deemed |! |" utility resulting from the liquidation practice |! | the IRS for determining service |! | of the income tax, without deducting the losses of |! | previous exercises; and by liquid utility is |! | It means that dispose of such liquidation, deduced the |! | ten percent for the equity interest of the |! | employer. "."
18 replace the final sentence of article 48 by |! | the below listed: "also, should award certifications in the same |! |" to employers, trade unions or |! | delegates of personnel when they require it, within |! | the deadline of thirty days, counted from the |! | time in which the employer has delivered all the |! | background and sufficient for the |! | determination of the utility in accordance with article |! | precedent. "."
19 replaced subparagraph first of article 57, |! | by the following: ' article 57.-the employer shall deduct from the |! | " pay the tax that levied them, the |! | social security contributions, Union dues |! | in accordance with the respective legislation and the |! | obligations with welfare institutions or |! | public bodies. Also, to request written of the |! | worker, the employer shall deduct from the |! | remuneration corresponding to dividends quotas |! | mortgage for purchase of housing and the |! | amounts provided by the worker to be |! | deposited in a housing savings account |! | open to his name in a financial institution or |! | a housing cooperative. The latter may not |! | exceed an amount equivalent to 30% of the |! | total remuneration of the worker. "."
20 Reemplazanse third and fourth subparagraphs of the |! | Article 60, by the following: "for the purposes of the provisions of item 5 of the |! |" 2472 article of the Civil Code, it is understood by |! | remuneration, in addition to those listed in subsection |! | first article 40, compensation in money |! | corresponding do workers for holiday |! | annual or breaks not granted.
The privilege by legal compensation and |! | conventional under number 8 of the article 2472 |! | of the Civil Code, shall not exceed, for each |! | beneficiary of an amount equal to three minimum income |! | per month for each year of service and higher fraction to |! | six months, with a limit of ten years; the balance, if thing |! | any, shall be deemed credit valista. If there is a |! | partial payments, these shall be charged to the fullest |! | referred. "."
21 Article 63, replaced by the following: "article 63.-the owner of the work, company or slaughter |! |" be secondarily liable for obligations |! | labour and social security that affect contractors |! | on behalf of the workers of these. Also |! | they will answer the same obligations that affect to the |! | subcontractors, when it may not be effective the |! | responsibility referred to in the following subparagraph: in the same terms, the contractor will be |! | Subsidiarily responsible for obligations affecting |! | to subcontractors, on behalf of the workers of |! | These.
The worker, to bring the lawsuit against de |! | his direct employer, may also request that this |! | shall be notified to all those who respond |! | subsidiary of their rights, understanding |! | interrupted with respect to them the terms of |! | prescription, if underwent them such notification within |! | the term provided for in the second paragraph of the article |! | 453 of the code.
In the case of construction of buildings by a |! | price single preset, no shall be these |! | subsidiaries responsibilities when you order the |! | work is a natural person. "."
22 replace the heading of Chapter VII of the |! | Title I of book I, by the following: "the annual holiday and permissions.".
23. added, then Article 65, the |! | next article: "article 65-A-in the case of birth and death |! |" a son and the death of the spouse, all |! | workers are entitled to a paid day, |! | In addition to the annual holiday, regardless of the |! | service time. Such permission should be |! | cash within the three days following the fact that |! | originate it. "."
24 Article 66, replaced by the following: ' article 66.-every worker, with ten years of |! | " work, for one or more employers, continuous or not, |! | you will be entitled to an additional day of holiday for every |! | three new years worked, and this excess will be |! | susceptible individual or collective bargaining.
However, only can be enforced until ten years |! | work provided to former employers. "."
25 article 67, replaced by the following: ' article 67.-for the purposes of the holiday, the day |! | " Saturday is always considered unqualified. "."
26 repealed article 68.
27 Add to article 69, the following paragraph: "the employer whose workers have accumulated two |! |" consecutive periods, should in any case award to the |! | least the first of these, before completing the year |! | entitles you to a new period. "."
28 Agreganse to article 70, the following |! | subsections: "If the worker is paid with salary and |! |" variable stipends, full compensation will be |! | constituted by the sum of the one and the average of the |! | remaining.
Without prejudice to the provisions of subparagraphs |! | earlier, during the holiday must be paid also |! | any other remuneration or benefit whose cancellation |! | appropriate during the same and that has not been |! | considered for the calculation of remuneration |! | full. "."
29 added the following epigraph before the |! | Article 86: "paragraph 1° General rules.".
30 Add, then article 91, the following paragraph: "paragraph 2 ° special rules for agricultural workers in seasonal article 91-A-for the purposes of this paragraph, be |! |" seasonal farm workers, all understood |! | those who perform temporary work or |! | season in farming activities, |! | trade or collecting derived from agriculture and |! | sawmills and wood exploitation plants and |! | other related.
Article 91-B-contract workers |! | agricultural season must be notarize in four |! | copies, within five days to the |! | incorporation of the worker.
When the duration of the tasks for which are |! | contract is greater than twenty-eight days, employers |! | They shall send a copy of the contract to the respective |! | Inspection of the work, within the five days |! | following his deed.
Article 91-C-in the contract of the workers |! | transient or seasonal, means always |! | including the obligation of the employer to provide to the |! | worker appropriate and hygienic condition of |! | accommodation, according to the characteristics of the |! | area, climatic and other conditions of slaughter |! | season in question, except that this access or |! | You can have access to your residence or a place of |! | adequate and hygienic accommodation that, attended the |! | distance and media, allow |! | carry out their tasks.
In seasonal work the employer shall |! | provide the workers, the conditions |! | appropriate to allow them to maintain, and hygienic |! | prepare and consume food. In the event, by |! | the distance or the difficulties of transport non |! | can workers to buy their food, the |! | employer shall, in addition, provide them.
In the case that the location of operations and place |! | where the worker staying or can stay in accordance |! | the subsection mediate first of this article, a distance |! | equal or more than three kilometers and not exist |! | means of public transport, the employer must |! | provide media between both points of |! | necessary mobilisation, which meet the requirements of |! | security that determines the regulation.
The obligations established by this article not |! | they will be compensated in money or will constitute in any |! | case remuneration. "."
31 replaced the name of the 1st paragraph of the |! | Chapter III of book I, by the following: "the embarkation of the official contract and |! |" the ships of the merchant marine crewmen |! | National. "."
32 article 92, replaced by the following: "article 92.-means staff on board or |! |" seafarers which, upon signing contract, |! | exercises professions, trades or occupations on board |! | ships or naval artifacts. "."
33 replace the second paragraph of article 93, |! | by the following: "entry into ships and their permanence in them |! |" It will be controlled by the maritime authority, which by |! | reasons of order and security may prevent the access of |! | any person. "."
34 repealed article 96.
35 article 98, replaced by the following: "article 98-only in the event of force majeure, |! |" qualified by the captain of the ship and which should |! | Express record in logbook notebook of |! | This endowment will be obliged to make any other |! | work, apart from those referred to in article 97, without |! | subject to the conditions laid down in article |! | 12. "."
Added in article 103, the following 36 |! | third paragraph: "without prejudice to in the first subparagraph and |! |" only for the purposes of the calculation and payment of the |! | remuneration, the excess of 48 hours per week is |! | you will always pay the surcharge established in subsection |! | third of article 31. "."
37 replaced the second paragraph of article 108, |! | by the following: "the employer shall provide at the end of the period |! |" Bill of lading, a day of rest in compensation to the |! | activities in all Sundays and |! | holidays that workers had given |! | services during the respective period. When is |! | He has accumulated more than one day of rest in a |! | week, shall apply the provisions of the fifth paragraph of the |! | Article 37. "."
38 article 114, replaced by the following: ' article 114-not entitled to remuneration for |! | " overtime hours of overtime than |! | (ordene el capitán en las siguientes circunstancias: a) when in danger the safety of the ship or |! | the people onboard by circumstances of force |! | wholesale.
(b) when it is necessary to save another ship or |! | boat or to prevent the loss of lives |! | human. In these cases the compensation that was |! | perceive is repactiran in accordance to what has been agreed or |! | grant, the international custom.
(c) when it is necessary to instruct staff in |! | zafarranchos of fire, boats lifeguards and others |! | maneuvers and salvage exercises. "."
39. in article 122, between the expressions "to |! |" "the" and "crew that", agreganse words |! | " "officers and".
40 replaced in article 123, number 1 of the second paragraph by the following: "1. the patient will be landed upon reaching port, if the captain, previous medical report, deems necessary and shall account owner costs of disease in land, unless the landing takes place in Chilean port where there are health care services supported by the forecasting systems to the sick is affection." Ticket refund port costs will be for account of the owner. "."
41 article 130, replaced by the following: ' article 130-means worker |! | " port, anyone who performs functions of load and |! | unloading of goods and other own activities of the |! | port activity, both aboard ships and |! | Naval artifacts that are located in the ports of |! | the Republic, as in the port facilities.
The functions and tasks referred to in subsection |! | above may be carried out by workers |! | port permanent for affected workers to a |! | provision of jobs and other Convention |! | casuals.
Port workers, to perform the |! | functions that referred first, should |! | perform a basic course of safety in workplaces |! | purtuarias as a technical implementation agency |! | authorized by the national service of training and |! | Employment, which should be the requirements and duration |! | to set the rules.
The entrance to port precincts and their |! | permanence in them will be controlled by the authority |! | maritime, which, for good reasons and |! | security, may prevent the access of any |! | person. "."
42 adding the following article 130-A: "article 130-A-contract workers |! |" port possible is that the worker celebrates |! | port with an employer, under which that |! | You agree to execute one or more specific tasks and |! | temporary loading and unloading of goods and others |! | tasks of the activity of the port, aboard the |! | ships, craft and port precincts and whose |! | duration is not more than twenty days.
The contract referred to in the preceding subparagraph |! | It may be held in accordance with an agreement on |! | provision of jobs between one or more |! | employers and one or more port workers, or between |! | that or those and one or more unions |! | casual or transitory.
The conventions referred to in the preceding paragraph are |! | will govern by lo dispuesto in article 138 and not have |! | nature of contract of employment for any legal effect, |! | without prejudice to individual contracts of employment to |! | that they give origin. "."
43 Reemplazanse the first and second paragraphs of |! | (letter to) of article 133, by the following: ' a) shall agree in writing with the |! | " notice required by the maritime authority. This |! | anticipation may not be less than eight hours nor |! | greater than 12, counted from the beginning of the turn |! | respective. However, she shall not be required when the |! | contract is concluded in agreement |! | than those specified in the second and third paragraphs of the |! | Article 130 - A.
In case that workers subject to a Convention |! | provision of jobs refuse to be held |! | the contract of employment or to meet the turn |! | appropriate under the conditions laid down in |! | those, the employer may hire others without the |! | advance required, realizing this fact, to the |! | maritime and the labour inspection authority |! | corresponding. "."
44 be added in article 135, and the next |! | paragraph: "However, if the contract had been concluded in |! |" Agreement for provision of jobs of |! | work, the payment will be done with the frequency that this |! | stipulated, that in no case shall exceed |! | month. "."
45 article 138, replaced by the following: ' article 138-provision agreements of |! | " jobs referred to in article 130-A, |! | (se regirán por las siguientes normas: a) shall contain, on the part of the or of the |! | employers who sign it, the guarantee of a number |! | sufficient access to job offerings |! | to ensure at least equivalent to the value of the |! | minimum income of one month in each calendar quarter, |! | for each of the workers who are part of the |! | Convention.
(b) an employer and an employee can sign the |! | agreements for provision of jobs they consider |! | suitable.
(c) if the agreement is signed by two or more |! | employer, these shall be jointly and severally liable for de |! | compliance in regards to offers of |! | access to the job guaranteed by the Convention.
(d) agreements will be signed by all the |! | parties involved. If the workers involved |! | a Convention belonged to one or more trade unions of |! | casual or temporary workers may be |! | signed by the respective directories.
(e) agreements shall contain, at least, the |! | following stipulations: the precise identification of the employers and |! | of the workers who are part of it.
2 pay for shift or day than be |! | agree and the periodicity of their payment.
3. the mechanism for access to the position of workers |! | as the parties may agree and notice system |! | Let the workers have advance knowledge |! | the respective, leaving also offer evidence of |! | this.
4. the way how shall be the liquidation and payment |! | the difference between access to the bids |! | work guaranteed by the Convention and the |! | effectively formulated during the respective period.
(f) agreements will have a duration of one or more |! | periods of three months. You can also subscribe |! | agreements of indefinite duration, which in any case, |! | must contemplate advance term than system |! | the parties agree, which must always be considered |! | the term of the respective quarterly period that was |! | find course.
(g) for the purposes of check the fastening of the |! | individual contracts to the conventions of provision of |! | workplace giving by source, the employees |! | They shall send to the Labour Inspectorate |! | for a copy of the conventions which have agreed |! | and its annexes, if any, with indication of the |! | Parties that have signed, within the twenty-four |! | next to their celebration hours.
These documents shall be public and may |! | be consulted by employers and workers |! | the port sector stakeholders. "." 46-article 139 shall be replaced by the following: ' article 139.-for the purposes of the provisions in |! | " the fourth subparagraph of article 130, the employer must |! | send a copy to the maritime authority of the |! | the article (documentos señalados en la letra g) |! | earlier, within twenty-four hours to |! | its celebration. In the absence of these instruments, should be |! | submit to that authority, with the anticipation that she |! | point, a payroll containing the individualization of |! | workers hired for the execution of a |! | turn, and must leave the maritime authority |! | evidence of the time of reception.
In certain cases, the maritime authority may |! | the employer's payroll advance shipping to exempt a |! | that referred to in the previous paragraph. "."
47 article 145, replaced by the following: ' article 145-the day of workers of |! | " private house that do not live in the home of the employer, |! | shall in no event exceed 12 hours daily and |! | within this Conference, will have a rest not less |! | one hour attributable to it.
When they live in the home of the employer will not be |! | subject to timetables, but that this will be determined by |! | the nature of their work, and must normally have a |! | absolute minimum rest of 12 hours a day. Among the |! | end of the working day and the beginning of the |! | Next, the rest will be uninterrupted and, |! | normally, a minimum of 9 hours. The excess may be |! | split during the day and in it means |! | including the time for meals of the |! | worker. "."
48 article 146, replace by the following: "article 146-weekly rest of the |! |" private house workers who do not live in the House |! | of the employer, shall be governed by the General rules of the |! | paragraph 4, chapter IV, title I, of this book.
Workers who live in the employer's House |! | they are entitled to a full day of rest to the |! | week, which can be split into two means, to |! | the worker's request.
Rest days empower workers to |! | do not restart their work until the beginning of the day |! | daily next. "."
Article 147, the following 49 Agreganse |! | subsections: "all in all, the minimum remuneration in money of the |! |" private house workers will be equivalent to 75% |! | the monthly minimum income.
Workers who do not live in the House of the |! | employer and perform partial days or provide |! | service just a few days a week, have the right |! | to not less than the minimum remuneration in |! | previous subsection proportionally calculated in |! | relationship with the day or the days of work.
Benefits of home room and Board |! | private house workers will not be |! | taxable for social security purposes. "."
50 replaced in article 152, first sub-paragraph |! | the word "fifteen" by the word "thirty" and added, |! | at the end of this same paragraph, the following phrase: "shall also give a copy to the unions, |! |" the delegate of the staff and the joint committees |! | existing enterprise. "."