Machine Translation of "By Establishing Rules To Support Employment And Extend Social Protection And Some Articles Of The Labour Code Modified" (Colombia)

Matches

CHAPTER II.

EMPLOYMENT SUBSIDY SCHEME.

ARTICLE 2o. EMPLOYMENT ALLOWANCE FOR SMALL AND MEDIUM-SIZED ENTERPRISES. As an intervention mechanism in the economy to seek full employment, create the temporary employment allowance administered by the Ministry of Labour and Social Security as a mechanism countercyclical and the strengthening of the labour market aimed at small and medium-sized enterprises, which generate jobs for unemployed heads of household. This benefit will only be granted to the company by the additional workers who earn a statutory minimum wage, up to the ceiling per company defined by the National Government.

The National Government, after the Conpes concept, will define the implementation of this program, taking into account the economic cycles, and will identify the regions and sectors to which this subsidy should be granted, as well as the requirements to be met. comply with the Small and Medium Enterprises that are paying all the social security contributions of their workers and the additional workers to access the program, including the percentage of those that the company contracts covered by the subsidy, the instruments for the recovery of the resources where the requirements for access the allowance, and the duration of the allowance, taking into account in any case the resources available and those allocated in Law 715 of 2001 for these purposes.

In no case will the granting of this subsidy generate liability in charge of the State against the workers for the timely payment of salaries, social benefits and contributions, which are in any case the responsibility of the respective workers. employers.

PARAGRAFO. Rural areas will be given priority in allocating resources, especially those that present problems of displacement and peasant conflict.

ARTICLE 3o. FAMILY ALLOWANCE SCHEME IN MONEY. whose monthly, fixed or variable remuneration does not exceed the four (4) monthly minimum statutory wages in force, smlmv, are entitled to the family allowance in money, provided that work at least 96 hours per month; and add your income with those of your spouse or partner (a), do not exceed six (6) monthly minimum legal wages in force, smlmv.

When the worker provides his/her services to more than one employer, the time worked for all of them will be taken into account for the purposes of the previous computation and will be paid by the Family Compensation Fund to which the employer is affiliated. Workers receive higher monthly remuneration. If the remuneration is equal, the worker shall have the option of choosing the Compensation Fund. In any case, the worker will not be able to receive double subsidies.

The beneficiary worker shall be entitled to receive the family allowance in money during the annual leave period and on days of rest or paid leave of law, conventional or contractual; periods of incapacity for reasons of non-professional illness, maternity, accidents at work and occupational disease.

PARAGRAFO 1o. They will be entitled to the family allowance in money for the persons in charge of the beneficiary workers listed below:

1. Children who do not exceed the age of 18 years, legitimate, natural, adopted and stepchildren. After the age of 12 years, the education in a duly approved teaching establishment must be accredited.

2. Siblings who do not exceed the age of 18 years, orphans of parents, who live and depend economically on the worker and who comply with the certificate of education of the numeral 1.

3. The parents of the beneficiary worker over 60 years of age, provided neither of them receives any salary, income or pension. They may not charge this allowance at the same time more than one of the working children and who are economically dependent on the worker.

4. Parents, orphaned siblings of parents and children, who are invalid or of diminished physical capacity that prevents them from working, will cause double family allowance, without limitation because of their age. The beneficiary worker must demonstrate that the persons are in his position and live with him.

5. In the event of the death of a person in charge for which the worker is receiving family allowance, an extraordinary allowance shall be paid for the month in which the allowance is paid, equivalent to 12 monthly allowances for the allowance in question for the deceased.

6. In the event of the death of a beneficiary worker, the Family Compensation Fund will continue to pay for 12 months the amount of the allowance for persons in charge, to the person who credits the holding, support or care of them. The employer shall give immediate notice of the death of a worker affiliated with the Compensation Fund.

7. The family allowance may be paid at the same time by the father and the mother for the same children, whose total remuneration does not exceed four (4) monthly minimum legal wages in force, smlmv.

PARAGRAFO 2o. They will be entitled to Family Allowance in kind and services for all other social services workers whose monthly fixed or variable remuneration does not exceed four (4) legal minimum wages (a) a monthly payment of the amount of the amount of the allowance paid by the person concerned; of this article, including the spouse and the worker.

In the case of paragraph 1, the Board of Directors of the Family Compensation Boxes shall set the subsidized rates and amounts that shall be inversely proportional to the accrued salary.

Matches

ARTICLE 4. MONETARY QUOTA. As of 1. July 2003, the Family Allowance in money that Family Compensation Banks must pay, to the workers that the law considers beneficiaries, will be cancelled, according to each of the persons in charge who give the right to receive it, with a monthly sum, which shall be denominated, for the purposes of this Law, Monetary Fee.

PARAGRAFO 1o. For the purposes of this law it is understood by persons in charge that they entitle the beneficiary to receive allowance in money, provided that it has been paid during the respective exercise.

PARAGRAFO 2o. In order to ensure the transparency regime and to provide the appropriate conditions for the development of the provisions of this law in relation to the design and structuring of the Monetary System, in those regions, departments or cities in which there are differential Ordinary Monetary Fees, from the validity of this law and until 30 June 2003, it is forbidden to give them course to the new applications for challenge any employer in the Fund in which you are currently affiliated, to join another Box. If it is to be given, such affiliation will be void, will not take effect and will have to return the employer to the Box where it was affiliated. Except for boxes whose creation is less than two years ago counted backwards from the validity of this law.

The Superintendence of Family Allowance will ensure compliance with this standard. The Superintendence of Family Allowance will declare before January 15, 2003 the Territorial Entities, in which it will be frozen for six (6) months the transfer of companies between Cajas de Compensation, after verification that they existed differences in the ordinary monetary quotas which were applied at 31 December 2002 in the Compensation Boxes created in the respective territorial entity and governed by Law 21 of 1982.

During the freeze period the Boxes may, subject to loyalty, competition and established rules, market and advertise your service portfolio.

Matches

PARAGRAFO 3o. To shorten the differences between quotas in a single department or city, the Superintendence will have the power to limit or decrease the monetary quota of the banks with more High and surplus to the mandatory rate of fifty-five per cent (55%) will be allocated to social investment programmes in the same box.

Matches

ARTICLE 5o. CALCULATION OF THE MONETARY QUOTA. Special powers are granted to the National Government so that, within a maximum of six (6) months, counted from the date of validity of this Law, it shall issue the rules in respect of the terms and conditions to be subject to the Monetary Fee in the Family Compensation System, as well as its system of organization, operation and time of implementation, subject to technical study and the following principles:

SANA COMPETITION. The monetary quota should seek healthy competition in the market, in order to avoid an excess in the granting of subsidies in money, as a priority instrument in the process of affiliation adjusting the system in a healthy balance between services and resources awarded directly in money to beneficiaries.

SOLIDARITY. It is the practice of mutual collaboration and support among the different Family Compensation Boxes, which is concrete in the prohibition of establishing transfers of resources by the Cajas de Compensation with income and/or cuocientes lower than the average in favor of the Compensation Boxes with income and/or those above the average for the payment of subsidy in money or any other concept. In order to achieve this principle, regional, departmental, minimum, maximum or any other mechanism may be established which is considered to be appropriate with this principle.

EQUITY. It is concrete as a mechanism of redistribution and regional or departmental compensation, which is developed in the prohibition of forcing Cajas located in regions of lesser socioeconomic development to turn resources for any concept to Cajas that is find operating in regions with higher socioeconomic development rates, without prejudice to establishing, respecting the above parameter, financial transfers between Boxes to achieve equitable monetary cost within each department or Region, within the principles described in this Article. It is also specific, in the need to assess the total available income of the Fund, when transfers to other banks are examined or determined. For the purpose of the assessment of transfers, the leverage capacity of the Fund should be examined in its own resources sources to finance the monetary quota, in line with the amount of subsidies that it has granted.

GRADUALITY. The processes of exchange or adjustment of the monetary quota must be implemented progressively, avoiding a significant deterioration in the conditions of the workers both directly and indirectly in relation to the other services that corresponds to the Boxes.

INTEGRALITY. The monetary quota must be analysed in direct relation to the other forms of the subsidy on services and species.

THE CITY ' S SOLIDARITY WITH THE COUNTRYSIDE. The compensation boxes will pay a fifteen percent (15%) of the farm worker's subsidy to the agricultural worker, for which they will be able to establish mechanisms of graduality of no more than two (2) years.

TRANSIENT TRANSIENT. For the purposes of the exercise of extraordinary powers, it shall be issued, within three (3) months following this law, technical concept by an accidental commission which shall be composed of one (1) representative of Asoboxes, one (1) representative of Fedecajas, one (1) representative of the non-agremitted banks, two (2) representatives for each of the committees VII of the Senate and the Chamber, the Superintendent of the Family Allowance or its delegate, the Minister of Labour or its delegate and a (1) the representative of the workers ' central banks to be designated by them. This technical concept will be considered by the Government as a fundamental instrument of support in the exercise of its powers. The commission established in this law will ensure the full realization of the principles mentioned in the formulas and regulations that project to support the government.

Matches

ARTICLE 6o. RESOURCES FOR THE PROMOTION OF EMPLOYMENT AND PROTECTION OF UNEMPLOYMENT. The Family Compensation Boxes shall administer individually and directly or in association with another or other Boxes a fund to support employment and for the protection of the unemployed. according to items 7o., 10 , and 11 of this law. The Government will determine how these resources will be administered when they cannot be directly managed by the Family Compensation Fund.

The Boxes will appropriate the fund's resources, for each beneficiary of the subsidy programs covered by this law, an amount per capita that will be defined in January of each year by the Superintendence of the Subsidy, according to the benefits to be granted, in accordance with this law. The appropriations of the per capita amount will be made to the extent that the requests for subsidies are produced until the own resources of each Fund are exhausted. However, in order to guarantee solidarity and balance in the face of the different unemployment and resources available among the different banks of the country, the Superintendence will make accounting cuts and order the transfer of The resources between the banks, according to the amount per capita required for the unemployed in a few boxes, in strict order of application, and the surplus resources in others. Same procedure shall be applied for support to the unbound unemployed prior to the Compensation Boxes according to the percentage provided for such effect in this law.

Matches

The following sources of resources are:

(a) The sum resulting from the application of the 55% percentage that was applied in 2002 to the persons in charge who were over the age of 18 years. This percentage will be deducted every year from the 55% mandatory for the subsidy in money as a mentioned source of resources from the fund;

b) The non-executed percentage corresponding to the four percent (4%) of the income of the Boxes to support the Super-trend of the Family Allowance in the following annual period;

c) The percentage in which the administrative expenses of the Family Compensation Boxes are reduced, according to this law. This decrease will be progressive, for the year 2003 the expenditure will be of maximum 9% and from 2004 will be maximum of 8%;

(d) 1% of 100% of the tax collected for household subsidies of less than 80% of the national quota; 2% of the retreads of the boxes with cuocients between 80% and 100% of the national quota; and 3% of the -raise of the boxes with quocers of more than 100% of the national quota. These resources will be appropriate from the housing component of the FOVIS of each box, which deals with item 7 of article 16 of this Act;

e) The Fund's financial returns.

PARAGRAFO 1o. These resources will be allocated up to five percent (5%) to absorb the fund's management costs.

PARAGRAFO 2o. Compensation Boxes participating in a credit institution monitored by the Banking Superintendency as shareholders, pursuant to this law, shall allocate the resources provided for in this fund for microcredit, as capital resources of those institutions for their operation.

PARAGRAFO 3o. 1 of Law 920 of 2004. The new text is as follows: > Once the transfers of resources of the unemployed, without discrimination with or without connection before the boxes, the balances not executed during the respective fiscal validity, of all the resources of the fund to support the employment and protection of the unemployed, will be used for the compulsory fund for the family housing allowance of social interest of the boxes, FOVIS, in accordance with the regulation on the matter.

ARTICLE 7o. MICROCREDIT PROGRAMS. 48 of Law 1636 of 2013 >

CHAPTER III.

UNEMPLOYED PROTECTION REGIME.

ARTICLE 8o. UNEMPLOYMENT ALLOWANCE. 48 of Law 1636 of 2013 >

ARTICLE 9o. SERVICES FOR UNEMPLOYED PERSONS WITH LINKS PRIOR TO FAMILY COMPENSATION CASES. Under the own resources of the Boxes, the unemployed persons with prior links to these entities shall be entitled to the education programmes, training, recreation and social tourism, under the same conditions as you had as an affiliate at the time of your retirement, for 1 year from your accreditation as an unemployed person and in the last box you were affiliated with.

PARAGRAFO 1o. People in charge or beneficiaries will also enjoy these rights for the same time.

PARAGRAFO 2o. Workers who have accredited twenty-five or more years to the Family Compensation Boxes System and are pensioners will be entitled to training, recreation and tourism programs social at the lowest rates of each Compensation Box.

Matches

PARAGRAFO 3o. The workers who lost their job prior to the current law will be able to access the programs of this article as long as their disengagement has been within the last year.

ARTICLE 10. SUPPORT SCHEME FOR UNEMPLOYED PERSONS WITH PRIOR LINKAGE TO FAMILY COMPENSATION BOXES. 48 of Law 1636 of 2013 >

ARTICLE 11. SUPPORT SCHEME FOR UNEMPLOYED PERSONS WITHOUT PRIOR LINKAGE TO FAMILY COMPENSATION BOXES. 48 of Law 1636 of 2013 >

ARTICLE 12. TRAINING FOR JOB INSERTION. 40 of Law 1636 of 2013. The new text is as follows: > From the parafiscal contributions to the National Learning Service, twenty-five percent (25%) of the resources it receives for the contributions of the number 2 of the Article 11 and Article 12 (2) of Law 21 of 1982, for the training of unemployed people, in the terms and conditions determined by the Ministry of Labor for the administration of these resources, as well as for the contents which will have these programmes. For the purpose of building and operating the Integrated Unemployment Information System, in the terms and conditions set out in the regulation, the Sena will appropriate a zero point one percent (0.1%) of the parafiscal raise as long as necessary.

Matches

CHAPTER IV.

SPECIAL CONTRIBUTION REGIME FOR EMPLOYMENT PROMOTION.

ARTICLE 13. SPECIAL SCHEME FOR CONTRIBUTIONS TO THE COLOMBIAN FAMILY WELFARE INSTITUTE, THE NATIONAL APPRENTICESHIP SERVICE AND FAMILY COMPENSATION CASES. They will be excluded from the payment of the corresponding contributions to the Family Allowance Scheme. National Learning Service, SENA, and Colombian Family Welfare Institute, ICBF, employers who link additional workers to those they had on average in 2002, with the following characteristics or conditions, provided that These do not accrue more than three (3) current monthly legal minimum wages:

1. Persons who have been linked in order to provide a service to undertakings from the places where they are deprived of their freedom or are linked, by contract of employment without a continuity solution, after having recovered their freedom.

2. Persons with a reduction in their working capacity of more than 25% (25%) duly qualified by the competent institution.

3. Reinserted of groups outside the law, duly certified by the competent entity.

4. People between the ages of 16 and 25 and workers over the age of 50.

5. Heads of household according to the definition of what this law deals with.

PARAGRAFO 1o. Companies that intend to contract under this provision must credit the following conditions:

(a) The value of the contributions to the SENA, ICBF and Cajas de Compensation at the moment and throughout the performance of the contract must be equal to or greater than the sum contributed during the period immediately preceding the contract, adjusted by the CPI certified by the DANE.

The average of the last twelve (12) months caused prior to hiring is understood as the hiring period;

b) That they have no outstanding debts compared to previous periods for parafiscal contributions to pensions, health, professional risks, Colombian Institute of Family Welfare, National Learning Service and Compensation Boxes Family.

PARAGRAFO 2o. The value of the exempt contributions will not be able to represent more than ten percent (10%) of the contributions that the company must make in an ordinary way in relation to each of the parafiscal contributions temporary exemption. Companies between five and ten workers will be entitled to the exemption of contributions by an additional worker.

PARAGRAFO 3o. The Government may define additional periods of stay of the workers who are beneficiaries of the exemption, as the duration of the benefit in favour of the employer. In the additional periods, in accordance with the rules that the Government defines for its implementation, there will be a full payment of contributions.

PARAGRAFO 4o. The exemption provided for in this Article shall apply provided that the rate of unemployment certified by the DANE is greater than twelve (12%) as long as the situation in the respective region in which the DANE is operating persists. The system of Boxes and maximum shall be valid for 4 years from the date on which the present law enters into force.

PARAGRAFO 5o. For the purpose of this law, the head of the unemployed household is considered to be the person who proves that he was previously affiliated (as a listing and not as a beneficiary) to an EPS or a Caja de Compensation, with persons in charge and who at the time of receipt of the allowance is not affiliated as an employee or an EPS, or a Compensation Fund, neither as a listed person nor as a beneficiary.

This condition must be declared under oath by the head of household to the company that contracts it and that it requests any of the subsidies that this law treats, in form that the government will have to issue.

PARAGRAFO 6o. For the purposes of this article, additional workers are considered to exceed the sum of the contracts directly and registered in accordance with the 2002 average of the Family compensation plus those hired indirectly or on mission, through temporary companies, cooperatives, surveillance companies or the like. To this end, these intermediary companies will report to the Compensation Boxes the number of workers they had on mission for each employer in 2002.

Editor Notes

Matches

ARTICLE 14. SPECIAL SCHEME FOR STUDENT CONTRIBUTIONS. Students under 25 years of age and over 16 years of age with a day of study not less than four (4) hours, who in turn work in days up to four (4) hours a day or days Flexible twenty-four (24) hours per week, without exceeding the daily day of six (6) hours, shall be governed by the following rules:

a) Be excluded from contributions to ICBF, SENA and Family Compensation Boxes, provided they do not represent more than ten (10%) percent of the respective company's payroll value;

(b) Your employers must make contributions to pensions, health and professional risks, in the proportions and percentages set out in the laws governing the Social Security System, and your contribution base shall be at least one (1) current legal minimum monthly salary, smmlv.

Editor Notes

ARTICLE 15. SYSTEM OF CONTRIBUTIONS TO THE HEALTH SYSTEM FOR INDEPENDENT WORKERS. It will be the power of the National Government to design a stimulus scheme for independent workers, in order to promote their affiliation to the Security System. Social in Health, respecting the principle of financial equilibrium between the benefits granted and the resources collected and the Constitutional norms in the field of fundamental rights, without prejudice to the application of the rules on control to the evasion.

Matches

CHAPTER V.

ARRANGEMENTS FOR ORGANIZATION AND OPERATION OF BOXES

FAMILY COMPENSATION.

ARTICLE 16. FUNCTIONS OF THE COMPENSATION BOXES. Article 41 of Law 21 of 1982 is added, with the following functions:

1. Execute activities related to its services, protection and social security directly, or through strategic alliances with other Clearing Boxes or through public or private specialized entities, in accordance with the provisions which regulate the matter.

2. Invest in health systems, occupational risks and pensions, in accordance with the rules and terms of the Organic Statute of the Financial Sector and other provisions governing matters.

Compensation Boxes that are enabled to perform health insurance and service provision and, in general, to develop activities related to this field in accordance with current, individual or legal provisions together, they shall continue to be entitled to the effect, individually and/or jointly, in an optional manner for the Box.

Family Compensation Boxes that do not directly manage the resources of the subsidized regime that is dealt with in Article 217 of Act 100 of 1993 or through third parties in which they participate as partners, they must be rotated in accordance with the regulations to be issued by the National Government for this purpose, taking into account the following priorities:

a) For the Boxes that within the same department manage resources of the Subsidized Regime in the terms of the Act 100 of 1993;

b) To the Solidarity and Guarantees Fund.

Compensation Boxes that carry out social marketing activities directly, without prejudice to the concessions agreements, will continue to be entitled to the effect, provided that the corresponding activities are developed to the the date of validity of this law, except as provided for in the tenth number of this article.

3. Participate, associate and invest in the financial system through banks, financial cooperatives, commercial financing companies and non-governmental organizations whose main activity of the respective institution is the operation of microcredit, in accordance with the rules of the Financial Sector Organic Statute and other special rules in accordance with the class of entity.

When it comes to buying state shares, the Compensation Boxes are understood to be included within the solidarity sector.

The government will regulate the basic principles that will guide the activity of microcredit for this kind of establishment, without prejudice to the functions of the Banking Superintendency in the matter.

Boxes in the case of loans for the acquisition of housing may invest, participate or be associated for the creation of different credit establishment companies, whenever such entities acquire the permission of the Banking superintendence for the realization of mutual mortgage operations.

For the purpose of stimulating savings and developing their social objectives, the Family Compensation Boxes may constitute and participate in mutual savings and loan associations, financial institutions of a cooperative nature, financial cooperatives or savings and credit cooperatives, with voluntary contributions from affiliated workers and grant them loans for the same purposes.

4. They may associate, invest or constitute legal persons for the performance of any activity, which develops their social object, in which the affiliated workers may also be linked.

5. Administer, through the programs they correspond to, the activities of subsidy in money; social recreation, sports, tourism, recreational and leisure centers; culture, museums, libraries and theaters; housing of social interest; credits, social gardens or comprehensive care programs for children from 0 to 6 years; complementary school day programs; education and training; third age care and maternal and child nutrition programs; and, in general, programs who are authorised to issue this law, for which they may continue operating with the offer subsidy system.

6. Administer social gardens of comprehensive care for children aged 0 to 6 years referred to in the previous number, owned by public or private territorial entities. In the allocation of these resources, the boxes may serve children whose families are not affiliated with the respective Fund.

The Colombian Family Welfare Institute will define in a general way the quality standards that the infrastructure of the social gardens must meet for the comprehensive care of children so that the entity can be enabled.

In the case of gardens owned by territorial entities, the way in which each program of these gardens is hired will be defined by a tripartite agreement between the respective Family Compensation Fund, the Colombian Institute of Family welfare and the executive of the territorial entity.

7. 29 of Law 1430 of 2010. The new text is the following: > Maintain for the Housing Fund of Social Interest, the same percentages defined for the year 2002 by the Superintendence of Family Allowance, based on Law 633 of the year 2000 in accordance with the calculation of the ratio laid down in Law 49 of 1990. Discounted percentages one per cent (1 per cent), two per cent (2 per cent) and three per cent (3 per cent) provided for in Article 6d) or this law for employment promotion.

8. Create the Fund for Integral Care for Children and a complementary school day. As resources of this fund, the Cajas will allocate the maximum percentage authorized for this purpose by Law 633 of 2000 and will maintain for administrative expenses the same percentage provided for in this standard for Fovis.

9. Develop a historical database in which it will keep a record of the workers who have been beneficiaries of each and every program that the Caja must develop in terms and conditions that for the effect determine the Superintendence of Allowance.

10. To develop a system of information for the beneficiaries of benefits under the unemployment programme of their beneficiary workers and within the programme to be set up for the non-profit-making population of the Compensation Funds, in accordance with this law, in terms and conditions determined by the National Government through the Ministry of Labour and the Superintendence of Family Allowance.

11. To administer directly or through strategic agreements or alliances the microcredit program for small and medium-sized enterprises and micro-enterprise, in charge of the resources provided for in this law, in terms and conditions that are set out in the regulation for the administration of these resources and in accordance with the provisions of this law and without prejudice to the provisions set out in the numeral 3 of this article. Such activities shall be subject to the general income tax regime.

12. Conduct marketing activities, including the administration of pharmacies. The Boxes that perform different activities in the field of social marketing will be able to carry out always that they credit for the effect accounting, financial and operating independence, without that they can compromise with their operation the expansion or maintenance resources from parafiscal contributions or from any other unit or business of the Family Compensation Fund.

13. The National Government will determine the events in which the Family Compensation Funds will be able to constitute and invest in venture capital funds, as well as any other financial instrument for the microcredit enterprise, with resources, those intended for the purposes of this numeral.

The Boxes may be associated with each other or with third parties for the purposes of this provision, as well as to link workers affiliated to the compensation system as shareholders.

14. 1 of Law 920 of 2004. The new text is as follows: > General authorization. The Family Compensation Boxes may advance the financial activity with their companies, workers, pensioners, independents and unemployed persons affiliated with the terms and conditions that the National Government will govern for the effect.

In accordance with the provisions of Article 335 of the Political Constitution, the authorization, inspection and surveillance of the specialized section of savings and credit of the Cajas de Family Compensation will be exercised by the Banking Superintendency.

In order to comply with the supervision and control activities that under this law should exercise, the Banking Superintendency will require the specialized savings and credit sections of the Family Compensation Banks. contributions, which will consist of tariffs that will be calculated according to the technical criteria that the National Government points out taking into account, among others, the parameters that to the effect the article establishes href="organic_system_financial_system_pr012.html#337"> 337 of the System Organic Statute Financial.

PARAGRAFO 1o. The Banking Superintendence must permanently verify the character, responsibility and suitability of the persons involved in the management and administration of the specialized savings and savings sections. Credit for the Family Compensation Funds to which the section may be authorized to set up. Similarly, it must verify the solvency of the autonomous patrimony of the specialized section of savings and credit in accordance with the appropriate capital rules applicable to the credit institutions as well as to verify, at the moment of the establishment of each section, the minimum capital not being lower than that required for the creation of financial cooperatives.

Family Compensation Boxes whose capital contribution capacity is lower than that established for financial cooperatives, may ask the Banking Superintendency for authorization for the creation of the specialized section savings and credit. In no case shall the required capital be less than 50% (50%) required for financial cooperatives.

PARAGRAFO 2o. The operations of the specialized savings and credit sections whose creation is authorized by this law, as well as their assets, liabilities and assets, must be completely separate and differentiated. of the operations, assets, liabilities and assets of the respective Family Compensation Fund.

For the purpose the specialized section of savings and credit will have the nature of an autonomous patrimony whose assets, including those that represent the contributions made to the capital of the same, will support exclusively the obligations contracted with depositors and others who are engaged in the development of authorized transactions, and may not be persecuted by other creditors of the respective Family Compensation Fund.

The administrators of the specialized savings and credit sections of the Family Compensation Banks will be dedicated employees designated by the respective Family Compensation Fund, for which the effect will be taken into account. the provisions of Article 22 of Law 222 of 1995 and shall comply with the requirements of the legal representatives of financial institutions, including their possession before the Banking Superintendence.

PARAGRAFO 3o. For the purposes of this law, the financial activity shall be understood as the collection in legal currency by the specialized savings and credit sections of the Family Compensation Funds. in term deposits, scheduled savings and contractual savings of its employees, pensioners, independent and unemployed members to place them again and exclusively among them through credits. As for affiliated companies, the financial activity shall comprise only the collection of resources in any of the above modalities.

14.1 Bans: To the Family Compensation Boxes and to the specialized savings and credit sections it is forbidden to them:

1. Obligate the affiliates, in any way, to make the savings in the respective box.

2. To force the members, directly or indirectly, to save the Monetary Fee of the Family Allowance, which will continue to be freely used by them.

3. Delegate, subcontract or deliver in administration with a third party the operation of its savings and credit sections, but in the development of the numerals 3 and 4 of article 16 of Law 789 of 2002 Family compensation that does not have specialized savings and credit sections may establish agreements and agreements with the boxes that have them, to the effect that the first ones act as decentralized agencies of the latter and through them to advance the financial activity with workers and employers of the Convention or Agreement Box. The National Government will regulate the matter.

4. Make capital investments with the resources captured.

5. The use of the resources deposited in the specialized section of savings and credit for carrying out operations with the same Family Compensation Fund or other entities in respect of which it exercises direct or indirect control, with its directors or administrators, the Fiscal Reviewer or officials or employees of the same Fund whose salary is greater than three (3) current statutory minimum wages, the spouses or relatives of those within the second grade of consanguinity or affinity, or single civilian.

6. Conduct insurance operations on property or persons, directly or indirectly, without prejudice to the ability to invest in insurance sector entities under their legal regime.

7. Condition the approval and disbursement of the social interest housing credit to the acquisition on their own projects.

8. To constitute charges or limitations to the domain of any class on the assets of the specialized section for savings and credit, or to assign them to operations other than those authorized to those sections, except that the taxes or limitations are constitute to ensure the payment of the price of a property acquired for the development of its business from the section's estate, or are intended to satisfy the general requirements imposed by a public authority on the development of a measure of support for the specialised section for savings and credit or for financial institutions Rediscounting to perform operations with such sections, nor will they be able to transfer the assets of the developing section of finance lease contracts, in the read-back mode.

9. The performance of the operations referred to in subparagraphs (c) and (d) of Article 10 of the Organic Statute of the Financial System.

14.2 Authorized Operations to the Specialty Savings and Credit Sections of the Family Compensation Boxes

1. Capture scheduled savings, contractual savings, or through term deposits.

2. To acquire and negotiate with its liquidity surpluses representative securities issued by entities governed by public law of any order and securities offered by public offering by entities monitored by the Superintendency Banking.

3. Apply the system of savings for the saving and/or payment of credits, when the affiliated workers accept it voluntarily and expressly; mechanisms in which the respective employers will have to collaborate, without involving for the latter economic responsibility.

4. Grant credits only to workers, pensioners, independents and unemployed persons affiliated with the family compensation box, as determined by the National Government. 70% for social interest housing types 1 and 2 and 30% for Education and Free investment, except for the acquisition of bonds or any other type of public debt securities.

5. In the case of credits for the acquisition of housing granted by the Family Compensation Banks and by the entities to which the provisions of Law 546 of 1999, the family patrimony are applicable constituted under the terms of the 9th of 1989, 546 of 1999 and 861 of 2003 will be embargable only by the entity that financed the acquisition, construction or improvement of the housing, or whoever happens to it in their rights.

6. Under the constitutional principle of the democratization of credit, 80% of the total value of the credits granted will be allocated for those persons who earn up to three (3) current statutory minimum wages (smlv). Also, in order to facilitate the conditions for the financing of social housing, they will be able to transfer their scheduled savings accounts from other financial institutions to the respective Caja, respecting the benefits and rights. acquired from those accounts for this purpose.

7. Other than authorised by the National Government

14.3. Regulation of the activity of the Family Compensation Boxes with specialized section of savings and credit. The National Government, subject to the rules of this law, as well as the objectives and criteria laid down in Article 46 of the Organic Statute of the Financial System, may exercise the powers of intervention provided for in article 48 , in order to regulate the activity of the specialized sections of savings and credit of the Family Compensation.

14.4 Remission to the rules of the Organic Statute of the Financial System. As provided for in this law or in the rules governing or developing it, the provisions laid down in the Organic Statute of the System shall apply to the specialized sections of savings and credit of the Family Compensation Funds. Financial for credit institutions, as soon as they are compatible with the special nature of such sections and do not object to the special rules of this law.

14.5 Liquidity Funds. Family Compensation Boxes with a specialized section on savings and credit must permanently maintain an amount equal to at least ten percent (10%) of the total of their fetches in the following entities:

1. Credit institutions and cooperative bodies of a financial nature monitored by the Banking Superintendency. For the purpose, the resources must be kept in savings accounts, Certificates of Deposit to Term, Certificates of Savings to Term or Ordinary Bonds, issued by the entity.

2. In ordinary common funds managed by trust companies monitored by the Banking Superintendency, or in open securities funds managed by stock exchange companies or open investment funds managed by investment management companies subject to the supervision of the Superintendency of Securities.

The investments that are made with the liquidity fund resources of the specialized savings and credit sections of the Family Compensation Banks shall meet security and liquidity conditions in accordance with their purpose, and comply with the requirements to be determined by the National Government.

The amount of the fund shall be established by taking into account the effect, the balance of the deposit account and the demand or the amount that it makes, recorded in the financial statements of the month in which the report is reported, verified by the tax reviewer.

14.6 Taking possession of the savings and credit section of the Family Compensation Boxes. The possession of the goods, assets and business of the specialized section of savings and credit of a Family Compensation Fund may be available when any of the intended take-over causes are configured. in literals (a), (b), (c), (d), (e), (f), (h), (j) and (1) of Article 114 of the Organic Statute of the Financial System, where the measure is in the judgment of the Banking Superintendent necessary, without prejudice to the possibility for the latter to take any of the measures referred to in Article 113 of the same statute. In addition to the above mentioned causes, the takeover measure may also be imposed where the assets of the specialised section for savings and credit are reduced below 50% (50%) of the minimum capital required for the purposes of the its creation, and where it does not meet the minimum requirements for adequate capital required for such sections.

The rules provided for in Articles 115; 116; 117, with the exception of literals a) and d) of numeral 1; 291, with the exception of numeral 2; 293; 294; 295; 297; 298; 299, numeral 1; 300, numerals 1, 3, and 4; and 301, with the exception of numerals 4 and 5, all of the Organic Statute of the Financial System, be applicable in the case of the administrative forced liquidation of the specialised sections of savings and credit of the Family Compensation Boxes.

The takeover measure will be aimed at protecting the savings of workers, retirees or pensioners and the affiliated depositors, in order to enable savers to obtain payment.

For the purposes of applying these rules of the Organic Statute of the Financial System to the liquidation of the specialized sections of savings and credit of the Family Compensation Banks, the references that are made to the institution supervised or intervened shall be understood as predicates of the section of savings and credit object of liquidation. Also, the references made in those provisions to the Financial Institutions Guarantees Fund shall be construed as being made by the Cooperative Entity Guarantees Fund.

The liquidation of the specialized savings and credit sections of the Family Compensation Banks shall be exclusively related to the autonomous patrimony constituted in accordance with paragraph 2 of paragraph 14 of this article.

14.7. Deposit insurance. The National Government will be able to determine the mechanism through which the specialized savings and credit sections of the Family Compensation Banks will secure the deposits of their affiliates. For the purpose, the National Government may authorise the Cooperative Entity Guarantees Fund, Fogacoop, to grant such insurance, without prejudice to the requirements and terms required by that Fund to secure the deposits.

14.8 Sanctioning regime. The sanctioning regime applicable to the specialized sections of the Family Compensation Boxes, as well as its directors, administrators, legal representatives, tax reviewers and employees, will be the same regime applicable to the entities monitored by the Banking Superintendence.

ARTICLE 19. VOLUNTARY MEMBERSHIP SCHEME FOR EXPANSION OF SOCIAL SERVICE COVERAGE.

ARTICLE 17. SETTLEMENT OF THE FAMILY COMPENSATION BOXES. The liquidation shall be ordered by administrative act of the Superintendence exercising its control, for whose expedition the due process established to intervene shall be respected administratively to these entities or to penalize their officials, which is the content in Articles 90 of Decree 341 of 1988, 35 and 36 of Decree 2150 of 1992 and rules that modify or add them. A period of up to six months shall be given in the administrative act to ensure compliance with the statutory rules, provided that the time limit is considered by the supervisory authority. If the Caja fails to demonstrate compliance, it shall initiate the settlement ordered by the control body within three (3) months of the expiry of the period to be fixed by the supervisory authority. Otherwise, the administrative intervention of the same will proceed, to execute the measure.

For the event in which the Compensation Fund is the only one that works in the respective territorial entity, it will not proceed to its liquidation, but to its administrative intervention, until the respective causal is overcome.

ARTICLE 18. ADMINISTRATIVE EXPENDITURE AND CONTRIBUTIONS FOR SUPERVISION. The cost of administration of the Boxes will be reduced from the date of this law, for the year 2003 will be maximum of nine percent (9%) of the ingre sos of 4%, starting For the year 2004, the revenue shall be eight per cent (8%) of the revenue referred to above.

51 of Law 1111 of 2006. The text with the new term is as follows: > There will be a contribution to the Family Compensation Boxes of 0.6% on a basis of 1 UVT, without that sum granting rights for the payment of subsidies, limiting the benefit to the activities of recreation, training and social tourism on an equal footing with other members of the Fund, when any of the following cases are present, without prejudice to the periods of protection provided for in this law by fidelity:

(a) When employers who are not required to list Family Compensation Boxes in respect of workers who are beneficiaries of the special contributions scheme referred to in Article 13 of this Act, decide to make the contribution mentioned, by the worker who is a beneficiary of the special contributions scheme;

(b) Independent workers who decide to join a Family Compensation Fund, in accordance with the principle of freedom of choice to be respected by the respective Caja. In order for an independent worker to become a member, with his family group, and to maintain his/her relationship with a Caja, his prior affiliation to the health system is required, the income base being the same as the contribution base to the Cajas system. that exists for the health system and in any case not less than that used within the pension system;

(c) Persons who are linked to a Family Compensation Fund shall lose their employment and decide to continue to be linked to the institution in the terms laid down in this standard as unemployed, after their term of office has expired. protection.

d) 267 of Act 1753 of 2015 >

PARAGRAFO 1o. 51 of Law 1111 of 2006. The text with the new term is as follows: > When the unemployed contribute one hundred percent (100%) of the two percent contribution (2%) on the basis of 41 UVT, it will have all the same rights as the other affiliates except to the monetary subsidy. This same rule will apply to the self-employed worker who contributes two percent (2%) on their income, according to the system of assumptions established within the health system. In any case, the boxes will be able to verify the quality of the information about the affiliate's income to comply with the provisions of this law, or to make it comply with the general rules and contributions.

PARAGRAFO 2o. The voluntary contributions to the Family Compensation Boxes, under the exception regime, will be governed by the tax rules laid down for compulsory income tax contributions.

ARTICLE 20. INSPECTION AND SURVEILLANCE REGIME. The authorisations to be issued to the inspection, surveillance and control authority shall be defined on the principles of speed, transparency and timeliness. In the case of activities or programs that require the authorization of public authorities, the responsibility of the respective Caja or entity through which the operation is carried out shall be understood as the achievement of the permits, licenses or authorisations, being the function of the supervisory authority, to verify compliance with the percentages of the law. The authorisations to the Boxes shall be regulated in accordance with the general or specific authorisation schemes to be issued for that purpose. The Control shall be carried out at a later stage without prejudice to the inspection and surveillance functions.

Corresponds to the Superintendence of Family Allowance, in the face of the resources administered by the Family Compensation Banks and the National Superintendency of Health in the face of the resources administered by the health-promoting entities. inspection, surveillance and control. The entities mentioned, in order to respect the correct allocation of social security resources, as provided for in article 48 of the National Constitution will not be forced to cancel contributions to the Comptroller's Office.

PARAGRAFO 1o. Natural persons who are designated by the Subsidy and Health Superintendents for the intervention processes shall be understood to be bound by the term in which their work lasts or by the term duration of the designation. When the contract of employment is considered, it shall be understood as a fixed term contract. For the intervention processes, the instrument of trust management can be used through the entities empowered to do so. The Control shall be exercised as a general rule in a subsequent manner, except in those Boxes in which the Superintendence of Family Allowance by means of a reasoned decision so provides.

PARAGRAFO 2o. It will be the power of the National Government, to define the cases in which the voluntary liquidation of the branches of activity of the Cajas de Compensation or Health Promoter Entities will be appropriate.

PARAGRAFO 3o. The inspection, surveillance, and control of the credit operations provided for in item 11 of article 16 of this law shall be exercised by the Superintendence of Subsidy Family members giving application to the regulations that dictate, in a general way for credit institutions, the banking superintendence for the administration of credit risk, especially in the issues related to the registration, accounting and provision of credit portfolio provisions.

Matches

ARTICLE 21. TRANSPARENCY REGIME. The Family Compensation Boxes shall refrain from carrying out the following activities or conduct, with the imposition of personal sanctions on directors or administrators who violate the present provision for more of the institutional sanctions as provided for in this Act:

1. Policies of discrimination or adverse selection in the membership process of membership or grant of benefits, on the basis that all Family Compensation Boxes must be fully open to the different business sectors. It is sufficient for the application and peace and save for membership to proceed.

2. Non-representative transactions with related entities, as defined in the definitions set out in the Regulation.

3. Agreements to distribute the market.

4. Remuneration or perks to employers or employees of the company other than the services of the Fund. Public servants who apply for this class of benefits to themselves or their entity will incur a cause of misconduct.

5. Refund, refund or any type of compensation for contributions in favor of a company with services or benefits that are not granted to all affiliated companies or special agreements or operations that are carried out under conditions of privilege in the face of some of the affiliated companies, not knowing the principle of compensation and therefore the value of equality.

6. To include as an object of promotion the provision of services in relation to third-party goods against which the affiliates do not derive benefit.

7. In the case of the administration of public goods, the Family Compensation Boxes shall refrain from submitting them without due reference to their nature, specifying that they are not the goods of the Box.

8. To offer or grant gifts or perks in connection with the services of the Fund to non-affiliated business personnel, except for actions that are intended to present their facilities, programs or services.

9. Offer services that are not effectively in their portfolio of operations against their affiliates, having failed the planning stage.

10. Delay the issue of peace unjustifiably and save the companies which have taken the decision to challenge themselves subject to the legal procedures. For the purpose of the issue of peace and unless a period of not more than 60 days from the application is made.

11. To exercise against employers any undue pressure in order to obtain membership of the Box or to prevent their challenge.

12. Exercise actions involving abuse of a dominant position, conduct of restrictive business practices, or unfair competition in the Family Compensation Boxes market.

13. Behaviors that are qualified as non-authorized or insecure practice by the Family Allowance Superintendence.

14. Advance discrimination policies in the remuneration of their marketing networks. For this purpose, equal fees or remuneration must be paid, irrespective of whether they are compensated or decompensed.

15. Failure to comply with mandatory legal appropriations for health programs, housing of social interest, education, complementary school day, comprehensive care for children and protection of the unemployed

16. Non-compliance with the money allowance in money, within the time limits set for this purpose.

17. Exceeding the authorized percentage for administration and operating expenses during two consecutive accounting years, starting with the current law. To this end, they shall be regarded as administrative, installation and operating expenses, which are determined in accordance with the legal provisions. In any case, it should be a uniform method of calculating administrative expenditure, specifying the form of distribution of indirect costs to be applied to the various services, in proportion to the expenditure which each of them represents on the total discharges of the respective Box.

18. To apply criteria of challenge under conditions of inequality in relation to employers, contrary to the legal provisions and the violation of the regulations as to the term in which the challenge of the company must proceed and the suspension of services as a result of arrears in payment of contributions.

19. Condition the marketing of products in the areas of marketing or subsidiary companies, to the condition that the employer must affiliate or remain affiliated with the respective Compensation Fund.

PARAGRAFO 1o. The Family Allowance Superintendence will sanction adverse selection practices, as well as marketing processes that do not focus on affiliation to different business levels by the the different Boxes. The National Government through the Ministry of Labor and Social Security will be able to define mechanisms of affiliation through which one can choose the Compensation Fund by companies that have not been the subject of the promotion process. The insurance company is required to formalise its membership. Workers with a majority of more than 70% may stipulate periods of up to four (4) years in the face of a stay in a Compensation Box, a period which will be reduced only when demonstrates failure in services fully accredited by the monitoring entity.

PARAGRAFO 2o. Family Compensation Boxes shall construct a Good Governance Code within six (6) months of the current law. This code of good governance should be known to all employees of the respective box.

PARAGRAFO 3o. When you check the shipment or retention of employers by violation of any of the existing rules; in addition to the personal penalty to the legal representative, which will be proportional to the amount of the contributions, the Superintendence will order that the affiliation return to the previous membership box with the return of the contributions minus the subsidies paid.

PARAGRAFO 4o. When a Caja is required to challenge a company or affiliate, for two (2) months in payment of their contributions or inaccuracy in them, it must first give it a chance to update or correct the inconsistencies, for which it will grant a term of 1 month counted from the receipt of the written settlement of the due. After the term, it will be challenged, but it will have to return to the affiliation if requested, after cancellation of the due, plus the contributions corresponding to the time of the challenge.

The settlement made by the head of the Fund's contributions, with an appeal to the legal representative of the Fund, will be the executive title for the collection of the contributions due.

PARAGRAFO 5o. The Family Compensation Boxes will be subject to the inspection, surveillance and control of the Superintendence of Industry and Commerce in matters of competition and consumer protection. Surveillance will be brought forward as provided for in Acts 155 of 1959 and 256 of 1996 and Decree-Law 2153 of 1992 and other rules that regulate or modify them.

PARAGRAFO 6o. The directors and deputy directors of the Family Compensation Boxes, may not be elected to any corporation or popular election position, up to one year after they have left office in the respective box.

Matches

ARTICLE 22. Article 52 of Law 21 of 1982, as amended by Article 3o. of Law 31 of 1984, will be thus:

Article 52. Boards Of Directors. The representatives of the beneficiary workers shall be chosen by the Ministry of Labour of lists to be presented by the workers ' headquarters with recognized Legal Persons and the lists sent by the Compensation Boxes of all the non-unionized beneficiary workers.

Modify the item number 2 of item 1o. of Law 31 of 1984, in the sense that they may belong to the Boards of Directors of Family Compensation, representing workers and employers, all members of the family without salary limit.

ARTICLE 23. MANAGEMENT OF CONFLICTS OF INTEREST. To ensure the correct application of the system resources, it is the duty of the legal representative of the Caja or its related entities, to inform the Board of Directors or the highest administrative body, those cases in which he or an administrator, member of the Board of Directors, partner or associate, Fiscal Revisors has kinship up to the fourth degree of consanguinity; first of affinity or only civil, with the persons listed below:

1. Partners, associates or legal persons who are part of the network of services contracted directly or indirectly by the entity or entities linked by reason of capital investments.

2. Natural persons contractors and the partners or associates of legal persons with whom the entity or its related entities conclude any type of contract or agreement within the framework of the operation of the scheme.

3. The partners, associates or legal persons receiving the capital resources of the entity or related entities, as their social object permits.

In such cases, the legal representative or the person who has one of the links above must refrain from participating in the selection, contracting or audit processes and the entity must celebrate them as long as these proposers are find themselves on an equal footing with other offers or be the best option on the market. Violation of this provision, including an inability to perform this class of charges for a term of 10 years, shall be the cause of removal from the Board of Directors or administrative body.

PARAGRAFO 1o. It is the duty of the legal representative of the entity to inform the employees of the entity or entities related to the content of this provision and to adopt the appropriate measures ensure the periodicity of this information. In particular, this should be a clause in the different contracts concluded by the entity or related entities, in order to ensure the provision of the information by third parties.

PARAGRAFO 2o. It is the duty of the Family Compensation Boxes to establish mechanisms that are characterized by total transparency regarding the procedures to be used by suppliers to be included in the registry corresponding.

ARTICLE 24. DUTIES AND POWERS OF THE FAMILY ALLOWANCE SUPERINTENDENCE. They are functions and powers of the Superintendence of Family Allowance to more than those laid down in the legal provisions:

1. Monitor compliance with the constitutional and legal provisions related to the organization and operation of the Family Compensation Funds; the other collecting and paying agencies for the family allowance, in respect of compliance of this service and the entities that constitute or administer one or more of the entities subject to its supervision, provided that they commit funds from the family allowance.

2. Recognize, suspend or cancel the legal status of entities subject to their supervision.

3. Ensure compliance with the standards related to the efficiency and management control of the Family Compensation Boxes or entities that constitute or manage or participate as shareholders.

4. Instruct the supervised entities on the manner in which the provisions governing their activity are to be complied with, as soon as they are subject to supervision, to establish the technical and legal criteria to facilitate compliance with the rules applicable to them; point out the procedures for their application.

5. Ensure that there are no conflicts of interest between the entities subject to their control and supervision and third parties and ensure compliance with the system of incompatibilities and inabilities for the exercise of managerial functions and of choice within the organisation of the entities under its supervision.

6. Issue the necessary orders to immediately suspend illegal or unauthorized practices or unsafe practices that are qualified by the supervisory authority and to take appropriate corrective and remedial measures.

7. To fix, subject to generally accepted accounting principles and standards in Colombia, the accounting mechanisms and procedures to be adopted by the Family Compensation Boxes.

8. Hire specialist services to provide advice in specific areas of the activities of the Superintendence.

9. Ensure adequate financing and application of the resources administered by the Family Compensation Funds in accordance with the different operations authorized to do so directly or through third parties.

10. To ensure that no evasion and avoidance of contributions by members of the System of Compensation Banks is present; in this sense, it may request the necessary information from the entities governing the general pension system, to the Directorate (a) national taxes and customs duties, territorial collecting entities and other entities receiving contributions on the payroll.

11. To give possession to the Tax Reviewer and Legal Representative of the Family Compensation Boxes, when it is determined about the character, the suitability and the experience of the petitioner and, to issue the corresponding act of possession. Possession shall not require personal presentation.

12. Ensure that the monitored entities provide the users with the necessary information to achieve the greatest transparency in the operations they perform, so that they can, through clear and objective elements of judgment, choose the better market options.

13. Publish or order the publication of the financial statements and management indicators of the entities subject to their control, in which the situation of each of the entities and the sector as a whole is demonstrated.

14. Practice inspection visits to supervised entities in order to obtain an integral knowledge of their financial situation, business management, or special aspects that are required, for which statements may be received, make documents and use the other legally accepted means of evidence and advance the investigations to be carried out.

15. To provide the instructions that you deem necessary on how the tax reviewers, internal auditors, and accountants of the inspection and surveillance subjects should exercise their role of collaboration with the Superintendency.

16. To impose on the institutions in respect of which they have inspection and surveillance functions, the administrators, employees or the tax reviewer of the same, prior to due process, successive fines of up to two thousand (2,000) legal minimum wages The present day of the sanction in favor of the Fund for the Promotion of Employment and Protection of the Unemployment provided for in this law, when they disobey the instructions or orders that the Superintendence of the Superintendence on statutory violations or statutory. These penalties will be cancelled from the percentage of administrative costs foreseen in this law of the four per cent (4%) income, in the case of institutional sanctions.

17. To impose on the development of their functions, the following sanctions for violations of laws, regulations or statutes, and not for administrative criteria such as respect for autonomy:

a) Written assembly;

(b) successive fines graduated according to the seriousness of the fault, to the legal representatives and other officials of the supervised entities, between 100 (100) and 1,000 (1,000) minimum daily legal salaries in force on the date of issue of the Sanctions resolution. The proceeds of these fines will be in favour of the Fund for the Promotion of Employment and Unemployment Protection provided for in this Law, and

c. Successive fines for the supervised entities up to a sum equivalent to ten thousand (10,000) minimum daily legal salaries in force on the date of issue of the sanction resolution, which will be cancelled from the costs of administration and whose product will be in favour of the Fund for the Promotion of Employment and Unemployment Protection provided for in this Law

18. Penalize with successive fines up to 1,000 (1,000) minimum monthly legal salaries in force in favor of the Fund for the Promotion of Employment and Protection of Unemployment provided for in this Law, to employers who incur any of the following behaviors: do not enroll in a Family Compensation Fund to all persons with whom you have a job relationship, provided that there is an obligation; do not pay the contributions of the Boxes in good time and do not turn the contributions in a timely manner; contributions to the Family Compensation Fund in accordance with the legal provisions; do not report the new work for your workers in front of the Boxes.

19. To regulate the disposal of assets, liabilities and contracts and other forms of institutional reorganization, as an instrument for the liquidation or management of a Family Compensation Fund; as well as any kind of negotiation of real estate property. However, the Family Compensation Boxes may not, except for the payment of the family allowance or under the express authorization of the law, facilitate, give in, give on loan or give in a free title or at subsidized prices, goods or services to any natural or legal person. The statutes of the Boxes shall clearly provide for the manner of disposal of their assets in the event of dissolution, once the liabilities have been satisfied, in such a way that their use is provided in the same way as that of the corporation dissolved through Family Compensation Boxes.

20. Guarantee that those public entities that directly administer the family allowance resources by express authorization of the law, comply with the percentage allocation to the programs of subsidized health care, Fovis, school day complementary, comprehensive care for the nine z, formal education, subsidy on money and unemployment support programs in accordance with the current rules.

21. To issue the regulation to which the supervised entities should be subject in relation to their advertising programs with the purpose of adjusting them to the current norms, to the legal and economic reality of the promoted service and to prevent the propaganda Trade which tends to establish unfair competition.

22. The other parties which, in accordance with the provisions laid down by law, may develop and in particular those provided for in Article 1. and 2o. of Decree 2150 of 1992 and those referred to in numerals 5, 7, 8, 12, 13, 17, 20, 21 and 22 of the Article of Decree 2150 of 1992.

23. To intervene in the Clearing Boxes, in the case of its liquidation, in accordance with the rules laid down for health-promoting entities.

24. To establish the general criteria for the elaboration, control and monitoring of the budgets of the Compensation Boxes as a guide for their good administration. Budgets shall not be limited or compulsory for the management and shall respect the principle of the autonomy of the Boxes.

Matches

CHAPTER VI.

LABOR RELATIONSHIP UPGRADE AND LEARNING RELATIONSHIP.

ARTICLE 25. ORDINARY AND NIGHT WORK. Article 160 of the Substantive Labor Code will be as follows:

Article 160. Ordinary and Night Work:

1. Ordinary work is performed between six hours (6:00 a.m.) and twenty-two hours (10:00 p.m.).

2. Night work is between the twenty-two hours (10:00 p.m.) and the six hours (6:00 a.m.).

ARTICLE 26. SUNDAY AND FESTIVE WORK. Article 179 of the Substantive Labor Code, subrogated by Article 29 of Law 50 of 1990, will remain so:

1. Work on Sundays and public holidays will be remunerated with a surcharge of seventy-five per cent (75%) on the ordinary salary in proportion to the hours worked.

2. If with the Sunday another day of rest paid the worker will be entitled only, if he works, to the surcharge established in the previous numeral.

3. The case of the day of thirty-six (36) hours per week provided for in Article 20 (c) of Law 50 of 1990 is excepted.

PARAGRAFO 1o. The worker may agree with the employer on his mandatory rest day on Saturday or Sunday, which will be recognized in all its aspects as an institutionalized mandatory Sunday rest.

Interpret the Sunday expression contained in the labor regime in this sense exclusively for the effect of the mandatory rest.

The provisions contained in Articles 25 and 26 will be deferred in their application to contracts entered into before the current law until 1o. of April 2003.

PARAGRAFO 2o. It is understood that Sunday work is occasional when the worker works until two Sundays during the calendar month. It is understood that Sunday work is common when the worker works three or more Sundays during the calendar month.