ACT 1233 2008
Official Gazette No. 47058 of July 22, 2008
CONGRESS OF THE REPUBLIC Through the structural elements which contributions are required to social security, special contributions in charge of Cooperatives and Pre associated work are created, towards the National Apprenticeship Service, SENA, the Colombian Family Welfare Institute, ICBF, and Family Compensation, concurrent control strengthens and other provisions. Effective Jurisprudence
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. SPECIAL CONTRIBUTIONS. Créase special contributions in charge of Cooperatives and Pre associated work towards the National Apprenticeship Service, Sena, the Colombian Family Welfare Institute, ICBF and Family Compensation is chosen ". Effective Jurisprudence
. ESSENTIAL ELEMENTS OF THE SPECIAL CONTRIBUTIONS. The activity performed work by partners will give rise to special contributions, in charge of Cooperatives and Pre associated work and towards the National Apprenticeship Service, SENA, the Colombian Family Welfare Institute, ICBF and Cajas Family Compensation.
For all purposes, the contribution base for the settlement of the special contributions towards the National Apprenticeship Service, Sena, and the Colombian Family Welfare Institute, ICBF, ordinary income will be established in the monthly compensation scheme compensation, and for the Family compensation is the sum of the ordinary and extraordinary monthly compensation earned.
The rate will be equal to nine percent (9%) and distributed as follows: three percent (3%) for the Colombian Family Welfare Institute, ICBF, two percent (2%) for the National Apprenticeship Service Sena, and four percent (4%) for the Compensation Fund. In any case contributions in this Law shall be assumed by the worker or associate. PARAGRAPH 1.
. Payment of contributions towards the National Apprenticeship Service, SENA, the Colombian Family Welfare Institute, ICBF, and Family Compensation shall be made from the first (1st) of January two thousand and nine (2009). PARAGRAPH 2.
. Cooperatives and Pre associated work will have a representative on the Board of the Seine and a representative on the Board of ICBF, who shall be appointed by the national confederations that the agremien. Effective Jurisprudence
ARTICLE 3. MINIMUM DUTIES INALIENABLE. Cooperatives and Pre Associated Work established in their respective regime ordinary monthly compensation in accordance with the type of work performed, performance and the amount of work provided by the associated worker will not be lower in any case one (1) in effect, unless the activity is performed in less time monthly minimum wage, in which case it is proportional to the work performed, quantity and quality, as established in the corresponding internal rules.
Cooperatives Associated Work and Pre comply with the laws in force in what has to do with adolescent worker protection and maternity protection. "
ARTICLE 4. CONTROL. The national government making use of the resources provided by the cooperative sector to the Superintendency of Solidarity Economy, it appropriated budget allocations necessary, taking into account the legal regulations, so that this institution carries out control and effective monitoring of entities under their supervision.
In accordance with the principle of self-control provisions of Law 454 of 1998, having confederations affiliated to Cooperatives and Pre associated work function will develop methodologies and procedures for self-monitoring organizations affiliated to them, which should have a system of guild control and special registration for the sector, which will be reviewed by the Ministry of Social Protection and the Superintendency of Solidarity Economy compared with procedures that organizations do not comply in relation to regulations and especially the provisions concerning control, inspection and surveillance. Cooperatives and pre
not complying with current regulations and in particular the provisions on control, inspection and surveillance, shall be subject to the sanctions of law in accordance with the procedures can reach the cancellation of legal personality .
For the same purpose, the Superintendency of Solidarity Economy that henceforth assume the registration of acts of Cooperatives and Pre Associated Labor charged the same rights and rates authorized at the Chambers of Commerce in relation to acts of non profit entities as set out in Decree 393 of 2002 and other rules that clarify, modify and reform. This acts regarding registration, registration and certification that demand these solidarity organizations.
PARÁGRAFO. a transitional regime equal to six (6) months from the enactment of this Act for Cooperatives and Pre Associated Work, have been created prior to this law, adjust their regimes and statutes to be established existing legal provisions for registration and registration with the Ministry of Social Protection and the respective Superintendency. After six (6) months of transition, Cooperatives and Pre those associated work that have not complied with this provision of law can not develop its corporate purpose and be causally incursas dissolution and liquidation ".
The 5th ITEM. RESPONSIBILITY. Cooperatives and Pre associated work all current legal provisions on payments towards the National Apprenticeship Service, SENA, the Colombian Family Welfare Institute, ICBF and the Family Compensation will be applicable.
Such contributions will be taken up and paid in full by the Cooperatives and Pre Associated Work with the basis set out in this law. "
PARÁGRAFO. Cooperatives and Pre Associated Work will share responsibilities on learners only dependent workers they have. Effective Jurisprudence
ARTICLE 6o. AFFILIATION TO SOCIAL SECURITY SYSTEM. Cooperatives and Pre Associated Work will be responsible for the process of affiliation and payment of contributions from workers associated with the Comprehensive Social Security System (health, pensions and occupational hazards). For such purposes, we all current legal provisions on the matter shall apply to dependent workers.
To quote health, pension, occupational hazards, the contribution base income is the sum of the ordinary and extraordinary monthly compensation received by the associated worker, and the proportion for payment will be established in the law for the regime dependent work. Effective Jurisprudence
ARTICLE 7. BANS.
1. Cooperatives and Pre Associated Work may not act as labor intermediation businesses or have the work of partners to supply temporary labor to third parties or sending them as workers in mission work. In any case, the contractor may intervene directly or indirectly in the internal decisions of the cooperative and especially in the selection of the associated worker.
2. Cooperatives and Pre Associated Work may not act as associations or guilds for collective affiliation of independent workers to the Social Security System or as mutual associations for the same purpose.
3. When labor practices intermediation or own businesses of temporary services, the contracting third and cooperatives or pre-cooperatives associated work activities are checked, shall be jointly liable for the obligations cause for the worker associated and Cooperatives and Pre of Associate will work incursas the grounds for dissolution and liquidation under the law, subject to due process, and they will be canceled legal status.
4. Both regulatory power as disciplinary only be exercised by the pre-cooperative or cooperative associated labor. In any case, such powers may be exercised by the contracting party. If this cometh to happen automatically be set contract actually work and, moreover, the contractor shall bear the purposes specified in the preceding paragraph, without prejudice to other legal consequences. "
Article 8. The regime of cooperative worker ownership is regulated in accordance with the principles, principles and guidelines of the ILO concerning relations dignified and decent work, cooperative matter, and the universal principles and values promulgated by the International Cooperative Alliance, ICA ".
Article 9. Workers who provide services in cooperatives or pre-cooperatives associated work should be associated thereof, except under the following conditions.
1. For occasional or incidental work related to tasks other than normal and permanent activities of the cooperative.
2. To temporarily replace the associate under the statutes or the regime associated work, you are unable to provide their service, provided that the work is necessary to fulfill the corporate purpose of the cooperative.
3. To link specialized technical staff, which is indispensable for the implementation of a project or program within the corporate purpose of the cooperative, which does not exist between partners and workers do not want linked as associated with the cooperative.
ARTICLE 10. EXCEPTIONS TO THE PAYMENT OF SPECIAL CONTRIBUTIONS. Associated Work Cooperatives and pre-cooperative associated labor, whose annual turnover does not exceed 435 legal minimum wages will be exempt from payroll contributions that treats this law.
ARTICLE 11. Individuals who aspire to have the status of associated worker, in addition to meeting the general requirements established by Law 79 of 1988, other applicable regulations and statutes must be certified in basic course of solidarity economy, with an intensity not less than twenty (20) hours.
The entity accredited to impart to them the course must submit current resolution issued by Dansocial, showing emphasis or guarantee in associated labor.
The cooperative education course may take place before the arrival of associated and no later than three (3) days after such income first few months.
ARTICLE 12. PURPOSE COOPERATIVE SOCIAL WORK ASSOCIATE and pre. The object of these solidarity organizations is to create and maintain jobs for self-managed way associated with autonomy, self-determination and self-government. In its bylaws shall specify develop economic activity aimed at fulfilling its nature as the generation of a job, in the terms that determine national and international organizations on the subject.
PARÁGRAFO. Associated Work Cooperatives whose activity is the provision of service to the sectors of health, transport, private security, and education should be specialized in the respective branch of activity; consequently, cooperatives that currently provide these services in competition with one or more other must unmount, specialize and recorded in the respective superintendency or entity that regulates the activity.
ARTICLE 13. CONDITIONS FOR HIRE WITH THIRD. Cooperatives and Pre Associated Work may contract with third parties the production of goods, execution of works and provision of services which are responsive to the execution of a total process in favor of other cooperatives or third parties in general, whose ultimate purpose is a specific result. The processes can also be contracted partially or threads corresponding to the different stages of the production chain, always tied to the end result.
ARTICLE 14. EFFECTIVE DATE AND REPEAL. This law applies from its approval and enactment and repeal other laws that are contrary.
The President of the honorable Senate, Nancy Patricia Gutiérrez
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives
GROVE OSCAR PALACE.
The Secretary-General (E) of the honorable House of Representatives,
JESUS ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on July 22, 2008.
Alvaro Uribe Minister of Social Protection, Diego Palacio