Advanced Search

Act 1233 2008

Original Language Title: LEY 1233 de 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

1233 OF 2008

(July 22)

Official Journal No. 47,058 of 22 July 2008

CONGRESS OF THE REPUBLIC

By means of which the structural elements of social security contributions are needed, the special contributions of the Associate Work Cooperatives and Precooperativas are created for the purpose of the National Learning Service, Sena, Colombian Family Welfare Institute, ICBF, and Family Compensation Boxes, concurrent control is strengthened and other provisions are dictated.

Effective Case-law

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. SPECIAL CONTRIBUTIONS. Create special contributions from the Associate Work Cooperatives and Task Force, to the National Learning Service, Sena, the Colombian Family Welfare Institute, ICBF, and Cajas de Family compensation to be chosen. "

Effective Case-law
Ir al inicio

ARTICLE 2o. ESSENTIAL ELEMENTS OF THE SPECIAL CONTRIBUTIONS. The activity of the work performed by the partners will give rise to the special contributions, in charge of the Cooperatios and Precooperativas de Trabajo Associate and to the National Learning Service, Sena, Colombian Family Welfare Institute, ICBF, and Family Compensation Boxes.

For all intents and purposes, the base income for the settlement of the special contributions to the National Learning Service, Sena, and the Colombian Family Welfare Institute, ICBF, will be the ordinary compensation. the monthly compensation scheme established in the compensation scheme, and for the Family Compensation Boxes shall be the sum of the ordinary and extraordinary monthly compensation payable.

The rate will be equal to nine percent (9 percent) and will be distributed as follows: three percent (3 percent) for the Colombian Family Welfare Institute, ICBF, two percent (2 percent) for the National Learning Service, Sena, and four percent (4 percent) for the Compensation Box. In no case will the contributions of this law be assumed by the worker or associate.

PARAGRAFO 1o. The payment of contributions to the National Learning Service, Sena, the Colombian Family Welfare Institute, ICBF, and the Family Compensation Boxes must be made from the first (1o) January of two thousand nine (2009).

PARAGRAFO 2o. Associate Work Cooperatives and Precooperatives will have a representative on the Sena Board of Directors and a representative on the ICBF Board of Directors, who will be appointed by the confederations. (s) to be remitted.

Effective Case-law
Ir al inicio

ARTICLE 3o. UNRENOUNTABLE MINIMUM RIGHTS. The Associated Work Cooperatives and Workers shall establish in their respective regime the monthly ordinary compensation in accordance with the type of work performed, the performance and the amount of work provided by the associated worker, which shall in no case be less than one (1) monthly statutory minimum wage, unless the activity is carried out at a lower time, in which case it shall be proportional to the work performed, the quantity and the quality, as set out in the corresponding internal system.

The Associate Work Cooperatives and Cooperatives will comply with the current legal provisions regarding the protection of the adolescent worker and the protection of maternity. "

Matches
Ir al inicio

ARTICLE 4. CONTROL. The National Government making use of the resources provided by the cooperative sector to the Superintendency of the Solidarity Economy, will appropriate the necessary budget items, taking into account the legal norms in force, so that This institution shall carry out the effective monitoring and surveillance of the entities under its supervision.

In accordance with the principle of self-control set out in Law 454 of 1998, confederations that have Associate Work Cooperatives and Precooperative will have the function of producing the methodologies and self-control procedures for organizations affiliated with them, which must have a system of union control and special inscriptions to the sector, which will be reviewed by the Ministry of Social Protection and the Superintendence of the Solidarity Economy in the face of the procedures that the organizations they do not comply with the rules in force and in particular the provisions relating to control, inspection and surveillance.

Cooperatives and cooperatives that do not comply with current regulations, and in particular the provisions concerning control, inspection and surveillance, will be subject to the sanctions that can be reached in accordance with the procedures. until the cancellation of legal status.

With this same purpose, the Superintendence of the Solidarity Economy that will henceforth assume the registration of the acts of the Cooperative and Cooperative Work of Labor will charge the same rights and rates authorized to the Chambers of Trade in relation to the acts of non-profit entities as set out in Decree 393 of 2002 and other rules that clarify, modify and reform. The above in relation to the acts of registration, registration and certification that are required by these solidarity organizations.

PARAGRAFO. A transition regime equal to six (6) months, counted from the enactment of this law, will be established for the Associated Work Cooperatives and Precooperatives, which have been created with Prior to this law, they adjust their regimes and statutes to the legal provisions in force for registration and registration with the Ministry of Social Protection and the respective Superintendence. After these six (6) months of transition, those Co-operatives and Work-operatives of the Associated Work who have not complied with this provision of legality shall not be able to develop their social object and shall be incurred as a result of dissolution and settlement ".

Ir al inicio

ARTICLE 5o. RESPONSIBILITY. To the Cooperatios and Precooperativas de Trabajo Asociación, all the legal provisions in force established in the field of payments to the National Learning Service, Sena, will be applicable to the Colombian Institute of Family Welfare, ICBF, and Family Compensation Boxes.

Such contributions will be assumed and paid in full by the Working Cooperatives and Work-operatives Associated with the base established in this law. "

PARAGRAFO. The Associated Work Cooperatives and Precooperatives will have responsibilities for the apprentice fee only on the dependent workers they have.

Effective Case-law
Ir al inicio

ARTICLE 6o. MEMBERSHIP OF THE SOCIAL SECURITY SYSTEM. The Associated Work Cooperatives and Workers will be responsible for the process of affiliation and payment of the contributions of the workers associated with the System of Integral Social Security (health, pension and occupational risks). For such purposes, all existing legal provisions on the subject for dependent workers shall apply to them.

To list health, pension, professional risks, the basic contribution of contribution will be the sum of the ordinary and extraordinary monthly compensation that the associated worker receives, and the proportion for his payment will be that established in the law for the dependent work regime.

Effective Case-law
Ir al inicio

ARTICLE 7o. BANS.

1. The Associated Work Cooperatives and Cooperatives will not be able to act as a labor broker, nor will they have the work of the associates to supply temporary labor to third parties or refer them as workers on mission. In no case shall the contractor be able to intervene directly or indirectly in the internal decisions of the cooperative and in particular in the selection of the associated worker.

2. The Associated Work Cooperatives and Cooperatives may not act as associations or agremations for the collective affiliation of independent workers to the Social Security System or as mutual associations for the same purposes.

3. Where there is a check on the employment practices or activities of the temporary service undertakings, the third contracting party and the cooperatives or the associated pre-cooperatives, they shall be jointly and severally liable for the obligations to be caused in favor of the associated worker and the Associated Work Cooperatives and Precooperative shall be incurred in the cause of dissolution and liquidation provided for in the law, without prejudice to due process, and shall be cancelled legal status.

4. Both the regulatory and disciplinary powers will be exercised only by the cooperative or cooperative working partner. In no case shall such powers be exercised by the third party. If this is to happen, a contract of work will be automatically set up and, moreover, the contractor must bear the expected effects in the previous number, without prejudice to other legal consequences. "

Matches
Ir al inicio

ARTICLE 8o. The cooperative associated working regime shall be regulated in accordance with the ILO's postulates, principles and guidelines relating to decent and decent working relationships, cooperative matters, and the universal principles and values promulgated by the International Cooperative Alliance, ACI ".

Ir al inicio

ARTICLE 9o. Workers who provide their services in the associated cooperative or work-cooperatives shall be associated with them, except under the following conditions.

1. For occasional or accidental work related to tasks other than the normal and permanent activities of the cooperative.

2. To temporarily replace the associate who, according to the statutes or the associated working regime, is unable to provide his service, provided that the work is indispensable for the fulfillment of the social object of the cooperative.

3. To link specialized technical personnel, which is indispensable for the fulfillment of a project or program within the social object of the cooperative, which does not exist among the associated workers and which does not wish to be linked as associate to the cooperative.

Ir al inicio

ARTICLE 10. EXCEPTIONS TO THE PAYMENT OF THE SPECIAL CONTRIBUTIONS. The Associated Work Cooperatives and the associated precooperatives, whose annual turnover does not exceed 435 legal minimum wages in force will be exempt from the payment of the parafiscal contributions to this law.

Matches
Ir al inicio

ARTICLE 11. Natural persons who aspire to have the status of an associate worker, in addition to complying with the general requirements laid down in Law 79 of 1988, other applicable rules and statutes, must be certified in a basic solidarity economy course, with an intensity of not less than twenty (20) hours.

The accredited entity that gives you the course must present a valid resolution issued by Dansocial, which demonstrates an emphasis or endorsement on associated work.

The cooperative education course may be completed before the associate's entry and no later than three (3) months after that entry.

Ir al inicio

ARTICLE 12. SOCIAL OBJECT OF COOPERATIVES AND CO-OPERATIVES OF ASSOCIATED WORK. The social object of these solidarity organizations is to generate and maintain work for the associates in a self-managing manner, with autonomy, self-determination and self-government. The statutes must specify the economic activity that they will develop in order to comply with their nature in terms of the generation of a job, in the terms that determine the national and international bodies on the material.

PARAGRAFO. The Associated Work Cooperatives whose activity is the provision of service to the health, transportation, surveillance, and private security sectors, and education, shall be specialized in the respective branch of the activity; consequently, the cooperatives that currently provide these services in concurrency with another or others must disassemble them, specialize and register in the respective superintendence or entity that regulates the activity.

Ir al inicio

ARTICLE 13. CONDITIONS FOR CONTRACTING WITH THIRD PARTIES. The Associated Work Cooperatives and Precooperative may contract with third parties the production of goods, the execution of works and the provision of services provided that they respond to the execution of a total process in favour of other cooperatives or third parties in general, the final purpose of which is a specific result. Processes may also be contracted in part or by sub-processes, corresponding to the different stages of the production chain, always tied to the final result.

Ir al inicio

ARTICLE 14. VALIDITY AND REPEAL. This law governs from its sanction and promulgation and repeals other legal provisions that are contrary to it.

The President of the honorable Senate of the Republic,

NANCY PATRICIA GUTIERREZ CASTANEDA.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

OSCAR GROVE PALACIO.

The Secretary General (E.) of the honourable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on July 22, 2008.

ALVARO URIBE VELEZ

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

Ir al inicio