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Service Employment (National). Creation-

Original Language Title: Servicio Empleo (Nacional). Creacion.-

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Legislative Power/ Eastern Republic of Uruguay
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Law 14.312


NATIONAL EMPLOYMENT SERVICE


CREATING AND DETERMINING THEIR ROLES AND ROLES


The State Council approved the following


LAW PROJECT


CHAPTER 1


From labor and employment policy.


Article 1 °.
The Executive Branch, through the Ministry of Labour and Social Security, will establish the labor and employment policy on a permanent basis and will implement the administrative action that will be necessary for those purposes.

CHAPTER Il

From the National Employment Service and Unemployment Compensation

Article 2 °.
(Creation and Tasks). -Believe in the Ministry of Labor and Social Security, in Program 02, the National Employment Service, which will be designated with the acronym SENADEMP.
This Service will have the following functions and tasks:

A) Intermediation in the labour market, for job placement throughout the national territory, coordinating the occupational supply and demand of paid services.

(B) The programming and possible implementation of special placement plans for young people, older workers, disabled physical and physical trainees and disabled by occupational accidents and occupational diseases and those who require retraining or professional reclassification.

c) To promote the development of policies and programs of stability in the employment and creation of work sources.

D) Control of total or partial unemployment; underemployment, seeking adequate placement for inactive workers, through the operation of a job service for private activity, under the free labor contract


E) Develop a program of information about the workforce intervening in the surveys, research and studies related to the labor force and job market.

F) To provide the advice requested by the Executive Branch in the matter of its competence, as well as the advice requested by other national and departmental public bodies and international or local organizations interested.

G) Collaborate with public and private entities in charge of professional orientation, training and rehabilitation, maintaining with the same permanent relationships for the purposes of job placement and related problems.

H) To advise on the programming and implementation of the necessary migrant workers ' plans, in accordance with the situation in the labour market and the balance of employment in the territorial aspect.

I) Cooperate in studies and projects concerning national, regional, departmental and local plans for social and economic development in relation to the use of human resources.

Article 3 °.
(Administrative Organization). -The Ministry of Labor and Social Security will organize at national, departmental or local level the structures that the SENADEMP manages.

Article 4 °.
(Transfer of functions and services). -All the functions of subsidies, insurance or compensation for unemployment, of legal or conventional nature and systems of placements, registers of workers and existing Bags of Work to the date of validity are transferred to the SENADEMP of this law. The Executive Branch, with the prior advice of SENADEMP, will determine the conditions to be taken into account for the respective transfers, as well as the date of their effectiveness.

Such transfers shall be programmed on the basis of a prior unification and coordination of all the services and services provided by the various bodies covered by this law.

Those benefits that do not relate to unemployment are excluded from the transfer to SENADEMP. Those established by the laws in force will continue to lend themselves in the manner prescribed by the regulations which, to the effect, dictate the Executive Branch.

The transfers of functions to SENADEMP that are provided by this law will be carried out in an order that does not compromise the effectiveness of the benefits.

Until transfers are made effective, each body will continue to provide services and exercise the powers assigned to it. The SENADEMP shall assume the powers assigned to those bodies by the laws in force in so far as the transfers of functions make it necessary. The Executive Branch will send the bills to the abolition of the respective entities in a timely manner.

All the provisions of the laws that are referred to the agencies that fulfill the functions listed in the first paragraph of this article, should be understood as referring to the SENADEMP to whom the services are transferred, by this law corresponding.

Article 5 °.
(Officials). -The officials belonging to the services that are transferred according to the previous article will become part of the budget plan of the Ministry of Labor and Social Security, Section 13, Program 02.

Such officials shall retain all their functional rights including that of economic advancement and benefits. The Executive Branch will make the escalation adjustments in the Accountability for each transfer.

Officials currently serving in the Paro Insurance Department of the Social Security Bank are excluded from the aforementioned transfer.

The officials belonging to services that are unified in the SENADEMP that fulfill tasks for benefits that are not transferred to the SENADEMP will be redistributed in their opportunity, according to what the Executive Branch determines in the same conditions provided for in the second paragraph of this Article.

The officials of the bodies covered by this law, to the date of their enactment, whatever the nature of the functional relationship, will be incorporated into the SENADEMP, in the form that the regulations establish, not apply to them these incompatibility by income, which they perceive to date, from other public or private activity or passivity.

Article 6 °.
(National Unemployment Insurance Fund). For the purpose of fulfilling the tasks assigned to SENADEMP, and without prejudice to the provisions of Article 4 °, create the National Unemployment Insurance Fund, which will be administered by SENADEMP and which will be integrated with the following resources:

(A) The contributions or contributions of the persons required.

B) The taxes in force in the respective laws of compensations, subsidies and insurance of unemployment and unemployment, or of other nature, that are applicable to them applicable to the date of enactment of this law.

C) The contributions to be made by the State coupé its contribution to the financing of the risks covered by the system or with the aim of establishing the appropriate means of income.

D) The amount of donations and legacies in favor of SENADEMP.

E) State subsidies to be entered in the General Budget of Wages and Expenses.

F) The fees to be charged by SENADEMP for the performance of the various services, provided to private companies.
The worker will be exempt from any contribution for tax compliance.

G) Fines and surcharges to apply to taxpayers, intractors and delinquent.

H) The assets affected and the funds belonging to the date of the enactment of this law, to the services covered by the respective laws in force of compensation, unemployment and unemployment insurance or other
I) The fruits, incomes and interests and any other products of their property.

Article 7 °.
(Operating and Comptroller of the National Unemployment Insurance Fund). -The Executive Branch shall establish the conditions, requirements and deadlines for the submission of the Accounts of the Accounts, the Fund referred to in the previous Article, as well as the setting of preventive or other appropriate mechanisms that I shall consider required.

Article 8 °.
(The amount, duration, and condition of the capabilities). -The Ejective Power shall periodically fix, giving the Legislative Body, the amount, duration and conditions of the unemployment insurance and the ancillary services that may correspond, referring to the benefit established in this law, In the light of the various economic and financial aspects of the various economic activities and occupational categories, all this, on the basis of providing the unemployed with an income that meets the needs of the minimum family group.
Until a new one is made determination, workers shall continue to receive unemployment insurance in the amounts set forth in the applicable laws applicable to the date of enactment of this law and in accordance with the conditions of this law.

Article 9 °.
(Conditions for entitlement to benefits). -The conditions for entitlement to unemployment benefits will be:

A) Admission:

a) Having the minimum age set in the law to work.

b) Meet the minimum qualification period, as provided by the respective regulations.

B) Compensation:

a) Voluntary unemployment.
b) Physical aptitude for work.
c) Will to work.
d) Enrollment as an applicant for employment.

The unemployed worker, with the enabling causal to obtain retirement, shall be entitled to unemployment benefits, as laid down in this Chapter, until he is declared retired.

Article 10.
(From incompatibility with income and accumulability to unemployment benefits). -For the purposes of fixing the amount of unemployment benefits and in consideration of the provisions of Article 8 °, the Executive Branch shall project and transmit to the Legislative Power the incompatibility and accumulation of income which I will consider convenient.

Article 11.
(National Worker Registry). -Create the National Register of Workers of the entire economically active population of the Republic, on the basis of the self-generated number, and commit the SENADEMP to the administration of the same.

The Social Security Bank will provide the data it has and are necessary for the effective functioning of the Referenced Register.

Every worker, to perform activities in any of the sectors established in this law, is the public, private or professional, must be written in the National Register of Workers. The regulations will provide for exceptions to this obligation.

Article 12.
(Worker's Document). -All workers in the country must have the registration document issued by SENADEMP.
Employers, whether public or private, must require the worker to submit the document prior to their entry into an activity. except in cases other than those covered by the regulation. Also when a new worker is hired, he/she must communicate it to SENADEMP.

All applicants for unemployment benefits must provide a sworn statement of the data requested in relation to their employment status, be notified under signature, and comply with all the resolutions or instructions that are required. establish to obtain an efficient administration of the system that is created in this law.

Article 13.
(From service delivery). -The workers covered by this law are obliged to provide services by paying normally in the tasks for which they are called and will not be able to refuse without justified cause, which will be established by the Executive Branch with
when the worker does not comply with the calls or his tasks normally, he will be sanctioned by the SENADEMP. The Executive Branch, after consulting the SENADEMP, will regulate the graduation of penalties applicable to the workers, considering that the maximum will be, for the case of recidivism, the loss of the dprecho to unemployment insurance for the period that, set the rules.

In case of suspension or dismissal of the registered worker, the Ministry of Labour and Social Security prior to the advice of SENADEMP and in consideration of the existing causes and probative results, will resolve the suspension or loss of the right to compensation for corresmteeth.

Article 14.
(Occupation in different category). -The call for workers will be made taking into account their category of work, within the economic branch to which it belongs. In their absence, they may be called to an occupation other than that which corresponds to it, or in different activity, in both cases by technical-professional selection criteria. The worker must accept the proposals, subject to the penalties provided for in the above article, except in the case of duly justified impossibility.

The circumstance of performing a task other than your regular activity will not result in the loss of your right to it.

Article 15.
(From job training and exonerations). The Executive Branch will be able to propose tax relief and reduction of social security contributions to propose to the development of learning, to the employment of graduates of the agencies belonging to the National Council of Education and Physical and physical disabilities and the opening of work sources in certain parts of the country.

Article 16.
(From private job placement). Undertakings or persons engaged in the selection of workers on the labour market for the purposes of job placement of workers, irrespective of the nature of the occupational or occupational category of workers, whether or not they are not for profit, must register with SENADEMP and operate in accordance with the regulations established by the Executive Branch.

Article 17.
(From the inspecting faculty). SENADEMP is hereby authorised to carry out the inspection tasks of any nature it deems necessary for the purposes of the comptroller of compliance with the provisions laid down in this chapter and to coordinate those functions with the made by other agencies and dependencies.

The Executive Branch may regulate the effects of participation in carrying out the above mentioned tasks. the form and mode of intervention jointly with the official or officials acting, representatives of employers and trade union organisations.

Article 18.
(For violations and penalties). The failure of the undertakings or employers to comply with this law and in the regulations that are established or other legal provisions applicable shall be sanctioned in accordance with the provisions of the Articles

These sanctions will be applied by the SENADEMP according to the regulations. to be set.

Article 19.
Declare, as applicable, Articles 51, 52, and 70 of the Tax Code and other consistent and complementary provisions.

Article 20.
Declare articles 87, 88, 89, 90, 91. 93, 94. 102 and 110 of the Tax Code and other consistent and complementary rules, as appropriate.

Article 21.
Without the prosecution of the above articles, fraud or concealment of Personnel is considered to be fraud, either in units or at work time of such personnel, as well as any action or omission by the eniprey or the employer resulting in a loss of contributions or other tax. The Intent of defraud is presumed unless it proves otherwise, when one of the following circumstances occurs:

A) Non-inclusion of workers in the records required By this law.
B) Inclusion in the required records of workers With less pay than the one set for the relevant category or Office.
C) Inclusion of the workers (a) records in the form of workers, of persons who do not otherwise, generate the right to the benefits of the system set out in this law.

Article 22.
(Monto of the fines). The violation of Article 95 of the Tax Code will be sanctioned with a fine of up to $100,000 (one hundred thousand pesos) in the first fraction of up to $500,000 (five hundred thousand pesos) in the second violation.

For the following violations in each new recidivism will be applied duplicate the penalty imposed by the previous one. The amounts of the fines shall be adjusted according to the provisions of Articles 331 to 338 of Law 13,835of 7 January 1970.

Article 23.
(For information remission). Companies are required to present all the documentation determined by the SENADEMP in the conditions and forms that the regulations establish.

Article 24.
(From the appearance regime). The Executive Branch shall determine the personal appearance of workers for the purpose of controlling forced unemployment.

CHAPTER III

From Temporary Employment Seivio

Article 25.
(Temporary Employment Service). For the purposes of the occupation of the registered office of the National Register of Workers who were inactive are created, without prejudice to the specific competencies of the respective organism and with the centralization, coordination and comptroller of this, the Temporary Employment Services.

Article 26.
(From the Services, Temporary Employment). Temporary Employment Services will operate in public and private activities when the production or service needs require it and will be organized in accordance with the regulations established by the Executive Branch on the base of:

A) The general and technical direction of the body or entity
acted.

B) The limited duration and operation of
needs that determine the job plan to be performed.

Article 27.
(Structures for Temporary Employment Services). The bodies or undertakings required by the Temporary Employment Services shall structure the work plans to be carried out, determining:

A) The estimated time-to-work volume estimate

B) The professional qualifications required.

C) The duration time.

D) The financing and economic resources required for its implementation.

The work plans will be submitted to the SENADEMP approval.

Article 28.
(Workers selection). The necessary workers will be provided by the SENADEMP to a technical-professional selection criterion, seeking to employ the unemployed according to the professional category assigned in the National Register of Workers or in his defect, in the alternative occupational category that provides the best way, his future professional rehabilitation, the best use and use of his work callings and his home,

Article 29.
Remuneration in Temporary Employment Services.) The remuneration of workers in a Temporary Employment Service shall be equal to the salary for the employment and occupation to be paid and not less than the unemployment benefit.
When the service operates in the State or public activity, the difference between the amount of unemployment benefit and the current salary will be charged to the body that uses the service.
Private sector companies using workers from the National Register of Workers, beneficiaries of unemployment benefits, will be in charge of the payment of the corresponding salaries, being exempt from all the employer's contributions for social security that will respond to these workers, who will be in charge of the National Unemployment Insurance Fund.

Where the worker is required to perform an activity other than that of his or her professional qualification, he/she shall receive remuneration, which corresponds to the task he/she carries out in the new activity and in accordance with the conditions of productivity to be laid down in the rules. The remuneration may not be lower than the unemployment benefit. Where the amount of unemployment compensation is greater than that of the activity salary, the worker shall receive the difference between the two of the Fund provided for in Article 6.

Article 30.
(Rules and Productivity Controller). -The Executive Branch will regulate the rules of comptroller to verify an adequate productivity of the workers included in the Temporary Employment Service.

CHAPTER IV

Selective employment

Article 31.
(Application field). -They shall be entitled to benefit from the selective employment benefits set out in the following Article:

A) Workers who have been declared with a
permanent, partial or total disability for their usual
profession and with no reasonable chance of recovery.

B) Permanent invalids to any degree, which after having received the recovery benefits or, where appropriate, the specialized rehabilitation and adaptation treatments, with, inuen affected by a permanent, partial disability or total, for his/her usual profession, for not having modified his/her initial incapacity. or by virtue of. review case.

The Ministry of Labour and Social Security will be able to extend the right to selective employment, to workers who have retired by reason, as permanent and total Invalids for their usual profession.

Absolute invalids and large invalids may, where appropriate, benefit exclusively from their admission to the special pilot centres referred to in the following Article.

Article 32.
(Invalid Record). -In the SENADEMP, a Register of Invalids recovered by the Social Security System will be organized.
For the purposes of the registration, the regulation will regulate the selective use of those who are registered in the registry. to this end, among other measures to establish the reservation, with absolute preference, of certain jobs; to point out the conditions of readmission by the companies of its own workers once the corresponding processes of rehabilitation and rehabilitation; setting the quotas for readjustment and rehabilitation they will have to occupy the same in proportion to their respective plans.

Protected workshops will be established for the employment of those who have benefited from rehabilitation and rehabilitation processes and would not be able to enter competitive employment.

The Executive Branch will take appropriate measures to make the right to the employment of the recovered workers effective.

Article 33.
(Complementary Benefits). -In the rules of this law, the necessary means shall be established to supplement the protection afforded to the invalid who have been beneficiaries of the recovery benefits. This protection may include media and attention in order to facilitate or safeguard the performance of their tasks, participation in the costs arising from the preparation of the posts, work they occupy, promotion or contribution measures direct to the organization of sheltered workshops, payment or exemption of the contributions to the Social Security System that determines the law, credits for establishment as an independent worker and preference for the enjoyment of others benefits of social legislation

CHAPTER V

From professional promotion and training

Article 34.
(Professional Training Agreement). The Executive Branch, through the Ministries of Labor and Social Security and Education and Culture, will be able to agree with the National Council of Education or other public and private bodies, the holding of special training courses and of technical expertise for young people, needed to comply with development programmes, contributing to the extent necessary for their funding.

Article 35.
(From the Professional Training and Promotion Scheme). -All workers with unemployment insurance, allowances or compensation for unemployment or unemployment, in force at the date of enactment of this law, fall under the scheme of promotion and vocational training, as provided for in the Article 38.

Item 36.
(Organization). -The Executive Branch, through the Ministry of Labor and Social Security, will organize the system mentioned in the previous article, celebrating the relevant agreements and agreements with individuals, companies institutions and national agencies, public or private, and international.

Article 37.
(Programs). -The promotion and vocational training programmes shall be established and implemented taking into account the development plans and the situation of the labour market and may also be extended to workers.

Such programmes shall take into account the forecasts and needs of future labour and applications for training in certain occupational categories, which were submitted by the workers, undertakings or bodies concerned.

It will be mandatory, the provision of information that is necessary to determine the corresponding priorities.

Article 38.
(For the selection of workers). -The workers will be selected for vocational training, taking into account economic activities, occupational categories, age, gender, family situation, domicile, skills, vocational and other interests technical criteria appropriate to the fulfilment of the purpose of this law.

Article 39.
(Of the worker's obligations). -The selected worker must comply in a regular and efficient manner with the obligations of the instruction given to him.

The specific obligations of the scheme to which the worker belongs are also in force, subject to the conditions laid down in Article 4 ° and other concordant provisions, with the exception of those which are incompatible with the system created in this law.

Article 40.
(From the coordination of activities). -The Executive Branch shall regulate the coordination of the activities of the services involved and of the agencies from which the workers receiving the training are beneficiaries, for the purposes of the application of the system that is created. />
Article 41.
(From data provision and collaboration). The bodies to which the workers covered by Article 35 belong are obliged to supply the data, to carry out any consideration, and to provide any other type of cooperation necessary for the purposes of the application of the scheme. In the form and conditions that are regulated by the Executive Branch on the proposal of SENADEMP.

Item 42.
(Of rights maintenance). -The worker, during the period of his training, shall maintain in full the rights established in the scheme to which he is employed as unemployed, and shall receive the means necessary to obtain such training, according to set the rules.

Article 43.
(Of the default penalties). -Failure, without justified cause, of the obligations laid down in Article 39, shall cause the worker to lose his or her rights and the benefits which he is receiving, according to the arrangements to which he belongs.

Article 44.
(Of the sanctions). -Companies which do not comply with the obligation to supply the data which were established by the rules of this law, or which provide them with incomplete or erroneous form, shall be sanctioned according to the provisions of the Article 18, below and concordant.

CHAPTER VI

General Provisions

Article 45.
All legal provisions that object to this law are hereby repealed.

Article 46.
The Executive Branch will regulate this law.

Article 47.
Commune, etc.


Session of the Council of State, in Montevideo on December 5, 1974.

ALBERTO DEMICHELI
President
Andres M. Mata
Manuel Maria de la Bandera
Secretaries


    Ministry of Labour and Social Security.

Montevideo, 10 December 1974.



Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.

EMBROIDERY
JOSE E. ETCHEVERRY STIRLING



línea del pie de página
Montevideo, April 1998. Legislative Power.