Law No. 13,965
BEVERAGE WORKERS
SICKNESS, INVALIDITY AND OTHER MEDICAL AND PHARMACEUTICAL BENEFITS ARE CREATED.
The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
Article 1 °. Create the Health Insurance, Invalidity Assistance, and other medical and pharmaceutical benefits for the beverage workers.
Your beneficiaries will be as follows:
Workers and workers included in the Boards of Salaries and/or Collective Agreements comprised in Group 19, who develop tasks in wineries, beverage factories, liquor and non-alcoholic beverage establishments, factories of Soda, beer factories, sideries, table water producing establishments (minerals or not), vinegars, malting plants, the establishments of which are located in the national territory.
Administration
Article 2 °. This Disease Insurance will be administered and directed by the Central Family Appropriations Council through the Boxes of its dependency. To these effects, the Family Allowance Fund No. 34 in the Department of Montevideo, and the respective Department of Family Departmental Assignments in the Interior of the Republic will be competent.
From the resources raised by the Central Council of Family Assignments, you will be able to spend up to 5% (five percent) for administrative expenses. The Court of Auditors of the Republic, at the request of at least five members of the Central Council of Family Assignments, may, after a report of the General Inspection of Finance, increase by up to 2% (two percent), said percentage for administration expenses.
Article 3 °. Dependent on the Central Council of Family Assignments and the Boxes of their dependency referred to in Article 2 of this Law, shall operate, Joint Councils of Companies, Integrated by a delegate of the workers and a delegate of the employers, in the case of companies that occupy up to fifty workers and two delegates of the workers and two employers ' delegates in which they occupy more than fifty workers.
Workers 'and employers' delegates will act honorably.
The company will communicate the name of its delegates to the Family Assignments Box.
The appointment of the representatives of the staff will be made by direct election and if it is contested within thirty days, a new election will be held under the comptroller of an inspector of the National Labour Institute.
Except clause to the contrary, there will be double number of substitutes and will govern the system of automatic supply.
The staff representatives will last two years in their duties and can be re-elected and will not cease in their posts until the inauguration of their replacements.
The administrative obligations arising from the operation of the Joint Undertaking's Councils will be carried out by the companies.
Article 4 °. The Central Council of Family Assignments and the Boxes of its dependency referred to in Article 2 of this Law shall have the following powers:
A) Administer the resources of the Sickness Insurance, taking care that the expected contributions are discharged punctually.
B) Control the services of medical assistance and certifications contracted according to the norms that establishes the
c) Coordinate their services, if they deem it necessary, with the Insurance of Sickness to protect other sectors of workers.
D) Resolve and arrange for the payment of medical assistance and sickness benefits, once properly checked the same.
E) Those who agree to the law N °
11.618 of 20 October 1950, as regards inspections, endorsements and other similar procedures to be carried out by undertakings for the proper application of this law.
F) Monitoring the operation of the Business Councils and the correct application of this law.
Article 5 °. Compete to the Enterprise Joint Councils:
A) To monitor the discounts made by the company to the workers and their version in conjunction with the employer contributions provided to the Fund for Insurance Resources.
B) Advise the corresponding Family Allowances on the extension of the subsidy in cases that it considers justified within the time limits laid down in this law.
C) To monitor the correct application of this law, denouncing to the Family Allowance Box corresponding to those who violate their text or the rules that are issued.
Article 6 °. The medical services responsible for providing the assistance benefits provided for in this law shall be awarded with the exception of establishments located outside the Department of Montevideo, between the companies referred to in points (A), (b) and (c) of Article 1 of Decree-Law No
10,384,13 February 1943, and those of point (D) where their statutes expressly provide that they do not pursue for profit.
Elaborated the specification of the conditions to be adjusted the services of the members of the sickness insurance scheme for the workers of the drink, the Family Allowance Fund No 34 shall open a register in which it shall register all the entities which fill the required requirements, including
For such purposes, the Board of Directors of the Family Allowance Box No. 34 shall be composed of four designated technical members:
A) One by the Ministry of Public Health.
B) One by the Federation of Mutual Societies of Uruguay.
C) One by the Faculty of Medicine.
D) One by the Central Council of Family Assignments.
The specifications, acceptance or rejection of the proposals submitted or any other matter arising out of the award procedures provided for, must be resolved by the assent of two thirds of the Total of components of the Board of Directors of the Integrated Family Allowance Box 34.
The beneficiaries currently affiliated with some of the medical assistance entities referred to in Article 1 (A), (B), (C) and (D), as the case may be, of Decree-Law No
10,384,13 February 1943, may choose to continue to be affiliated with the entity concerned. In all cases the payment of the membership fees will be served by the Fund of Resources up to the limit established in general by the Board of Directors of the Family Allowance Box 34, integrated. If there is a difference, it must be paid by the affiliate.
The respective departmental family allowance boxes integrated into the form set out in this article, are entitled to hire directly the Medical services, preferably with organized medical care societies, in the various departments of the interior.
Benefits
Article 7 °. The workers covered by this law will receive the following benefits:
A) Comprehensive medical assistance by the institutions referred to in the previous article.
The benefit of the collective membership fee that is appropriate may be extended to your immediate family members (father, mother, spouse, children, sisters and brothers). and persons who live in charge of the worker on a permanent basis and duly checked, paying the corresponding fee, which will be deducted from the salary by the company in the payment settlements.
(a) to govern at the time of the worker's entry into the activities covered by Article 1 of this Law.
B) Comprehensive medical assistance, as well as the medical and pharmaceutical benefits to which the benefits of the advance are collected retirement or retirement, those who will continue to be affiliated with the
In such cases, the amount of the membership fee will be equal to that of the unit fee, which the Health Insurance pays for the contracted medical services.
Social Security Bank shall be deducted from the amount of the pre-retirement or retirement advance where appropriate, and shall see in the sickness insurance of the workers of the beverage, the amount of the membership fee, in any case establishing an account system
c) a subsidy, in any event that a worker is unable to fulfil his or her duties; tasks for the cause of occupational disease, justified by the competent medical service, equivalent to 70% (70%) of his or her usual salary or day. It is understood by usual salary or wage, the average resulting from dividing the total of the remuneration received in the one hundred and eighty days immediately preceding the illness for the days worked in that period.
(a) the wage increases during the sick leave period, the allowance shall be adjusted to the new wages or salaries fixed for the category in which the beneficiary was acting.
The allowance shall be paid from the fourth day including no and up to one year's absence. In the case of hospitalisation for sickness or accident there will be no period of loss of allowance.
The Family Allowances referred to in Article 2 of this Law may extend this period up to two years, by vote unanimous and well-founded prior advice from the Joint Undertaking's Joint Undertaking.
The perception of the sickness or accident allowance does not interrupt the quality of the beneficiary and the beneficiary will not be exempted from making the contributions to the Insurance for this fact.
To be entitled to receive sickness benefit, the beneficiaries must have discharged at least the insurance resources fund, the contribution for three months, in the case of paid workers on a monthly basis, and seventy-five day wages for the wage-earners or weaning.
Article 8 °. If the expiration of the periods referred to in point (C) of the previous article, the disease or invalidity suffered by the beneficiary does not permit him to return to his employment, the worker will be Article 18 (B) of Law No.
6,962of 6 October 1919, in the wording laid down in law number
12.570of 23 October 1958. In these cases, the Social Security Bank will serve, from the first day of the expiration of one or two years established by the Family Allowance Fund, a pre-retirement advance that will not be less than eighty percent (80%) of the the nominal value of the subsidy paid by the Fund for Health Insurance Resources. Once the final retirement has been established, this advance will be deducted from the first corresponding settlement. If a debtor balance is left, it must be charged to the beneficiary in monthly instalments which may not exceed 10% (10%) of the nominal value of the retirement obtained.
The dismissal of the dismissal that is established by this article, does not obst so that its grant can be produced by any other causal.
Article 9 °. The beneficiary may, at any time, be declared physically or intellectually unable to perform his/her employment, by the Health Insurance certifiers. In this case, the Fund for Health Insurance Resources will continue to pay the subsidy provided for in Article 13 of this Law, for a term of one hundred and twenty days from the date of the respective opinion.
Due to this deadline, the Social Security Bank will begin to serve a pre-retirement advance, which will not be less than eighty percent (80%) of the nominal value of the subsidy paid for the Health Insurance.
Once definitively established the benefits that may correspond according to the legal provisions governing the pension institute, this advance will be discounted from the first corresponding liquidation. If a debtor balance is left, it must be charged to the beneficiary in monthly instalments, which may not be greater than 10% (10%) of the nominal value of the profit obtained.
Where the beneficiary does not compute the minimum of ten years of service, it shall be understood in accordance with Article 18 (B) of Law No
6,962of 6 October 1919, in the established wording In law N °
12.570, of 23 October 1958. The pension benefits provided for in this article do not prevent the grant from being made by any other causal, without prejudice to those resulting from disablement.
Within one hundred and twenty days established in this article, the beneficiary may be examined by the Social Security Bank's medical services to determine the disablement situation.
If there is no agreement between the respective certifying physicians and the medical services of the Social Welfare Bank, a Court formed by a doctor appointed by the Family Allowance Fund will decide in a final and unappealable form. This will be the case for the Social Security Bank and a third for the Faculty of Medicine, which will act as President.
This Court will be promoted by the corresponding Family Allowance Box and must be issued within thirty days, from the date of its convocation, being able to rule by a majority. Where the judgment of this Court is contrary to the opinion of the health insurance certificate for the workers of the beverage, the Fund shall continue to serve the subsidy provided for in Article 7 of this Law.
Article 10. In cases of accidents at work or occupational diseases, the Resource Fund will take the difference between what the State Insurance Bank pays and the subsidy established by the 12 of this law. These payments shall continue to be made as long as the abovementioned allowances are served with the limits of one and two years laid down in that Article. When the majority of the Board of Directors of the corresponding Family Allowance Fund considers that the petitioner of a subsidy is entitled to demand payment of the compensation for such cause of the State Insurance Bank will serve in form Provisional compensation for the compensation.
When there are discrepancies between the Family Allowance Fund and the State Insurance Bank in respect of who is to pay the compensation and cannot be resolved according to the institutions referred to above by notification, which will make the Family Allowance Fund, to form a Medical Board that will be integrated with a physician delegated from the State Insurance Bank by the Family Allowance Fund and a third by the Faculty of Medicine who will chair it.
The Medical Board may rule by a majority and its judgment shall be unappealable and shall be issued within 60 days of the date of the notification.
In the event that the indemnity payment is resolved not by the State Insurance Bank, the Family Allowance Fund will continue to serve the allowance; if, on the other hand, the Medical Board determines that the allowance is State Insurance Bank, this institution must return to the Family Allowance Fund the sums it has paid for such a concept.
Article 11. Workers who engage in total unemployment insurance, during the period that the law agrees to them, will only be entitled to the assistance and other medical-pharmaceutical benefits provided for. by this law. In this case, the employer's contribution to the sickness insurance will be borne by the Paro Insurance Fund, and the workers ' contribution will be deducted from the benefit of Paro's insurance that the worker perceives. For the purposes of the above paragraph, the authorities of the Paro Insurance Fund shall make the corresponding deductions on the payment plans and shall see the total amount to the Order of the Health Insurance in the form established, within of the following twenty days.
If the expiration of the Paro Insurance benefit period, the beneficiary's unemployment and sickness persist, the Sickness Insurance will continue to provide the necessary medical assistance up to its full recovery within the time limits. and conditions that this law points out.
Article 12. On the death of a beneficiary of the system, without the need to promote the judicial opening of the succession, the rightholders shall receive a subsidy for one time, equivalent to 40 or two wages, or, if necessary, two wages. This allowance shall be granted within a period of not more than 30 days from the date of such death. In the event that the worker is not entitled to retirement, the corresponding Family Allowance Fund may extend the compensation up to the equivalent of two hundred or, where appropriate, eight wages.
The Central Council of Family Assignments will regulate the granting of this benefit.
Article 13. The time that the worker is unable to provide services for reasons of illness or accident, will be computed as if he had actually worked in the company, for all the purposes of the company. application of the rules of the right of employment and social security of a holder. The full value of the salary or wage in activity, in force at the time of the periods referred to above, shall be recognised for that calculation, without prejudice to the following Article.
Article 14. The worker-employer contributions and contributions payable to the Social Security Bank by application of this law shall be the responsibility of the Fund for Health Insurance Resources for the (a) the amount of compensation and benefits actually received by the worker shall be settled.
However, the years prior to the date of cessation of activity, which were necessary to calculate the retirement amount, must be reliqued by the corresponding Family Allowance Fund, calculating and paying the workers ' contributions. employers on the day of activity which the affiliate has been responsible for.
Article 15. The employers will not be able to dismiss or suspend the worker who is absent for reasons of illness, being forced to reinstate him to his usual duties as long as he has been discharged.
For the case of non-compliance, by the employer, of the obligations referred to above, the provisions of Articles 10, 11 and 12 of Law No.
11,577of 5 October 1950, as appropriate, shall apply. />
Article 16. The beneficiaries may file the replenished and written appeal and appeal against the corresponding Family Allowance Box of all those resolutions of the Joint Council. of the Company that they consider not to be adjusted to the law and its regulations, in all that they affect them.
Family Appropriations Fund resolutions will be appealed to the Central Council of Family Assignments.
Article 17. They will not be entitled to sickness benefit benefits, workers:
A) Who do not comply with medical prescriptions and who do not undergo medical examinations and examinations deemed necessary; simulate, intentionally cause and/or maintain disability due to illness or accident;
B) they contract diseases or suffer accidents in paid work performed outside their specific activity or who, while receiving the allowance, perform paid or medically inconvenient tasks;
C) by physical inferiority as a result of unlawful criminal acts, provided that I measure enforceable judgment establishing their responsibility for drunkenness and/or the use of narcotic drugs.
These last two cases shall be determined by the authorities provided by this law.
D) cosmetic surgery without the authorization of the insurance authorities, as well as the diseases that arise from these operations, except for the cases imposed by accidents.
E) That they interrupt their pregnancy, except for the cases of medical intervention.
F) They are in use of paid annual leave or fulfilling a disciplinary sanction, and while they last the same.
G) Who are absent without authorization from the place where they are staying, while receiving allowance.
Article 18. While some of the situations provided in the previous article persist, the benefit will be suspended. No refund or compensation for the suspension period will be in any case.
Article 19. The benefits to be received by the beneficiaries of this law shall be inembargable, applying as exceptions the same rules regarding the inembargability of wages.
Article 20. All the beneficiaries covered by this law must be provided with health cards issued by the medical services that are in charge of the care delivery. The health card shall be renewed annually and shall be subject to the provisions of law N °
9,697of 16 September 1937. Upon completion of the three hundred and sixty-day period of the provisions of this law, any beneficiary shall have the health card in force.
In the departments of the interior of the country, the health carnets issued by the Ministry of Public Health or the Municipal Intrends will have the same validity.
Financing
Article 21. To address the erogations resulting from the application of this law, a Resource Fund is created that will be financed as follows:
A) An employer contribution equal to 5% (five per cent (a) of the total remuneration paid by employers to workers.
B) A contribution of employees and workers equivalent to 3% (3%) of their remuneration.
C) The fines provided for in Article 26 of the present law.
For the purposes of points (A) and (B) and (A) of Article 7 (a), the employers shall make the corresponding deductions on the payment plans and shall verify the total amount of the sickness insurance order in the form set, within twenty days of the corresponding month.
Article 22. Those who do not pay the sums to which they are required in the time and form established will suffer, without the need for prior intimation, the imposition of the surcharges that govern in relation to the arrears of the contributions for family allowances. The payment of the payment of the contributions, the corresponding Family Allowance Fund, may initiate the corresponding judicial action, and must be indefecably interposed, after the period of six months. For the collection of contributions, surcharges and fines, the procedure of the executive judgment will be followed.
Article 23. Any person who receives the benefits of this law shall be liable for the amounts unduly received, in effect, the provisions in force for the debts in favour of the State. This responsibility is independent of the criminal offence in cases of crime.
Article 24. The credits that the affiliates may have against the Health Insurance arising from the application of this law, will expire in full at the six months, counted since the right to claim the right which gives rise to them, and which is interrupted only by the relevant management in writing to the relevant family allowance, or the summons to conciliation in accordance with the provisions of Article 1236 of the Code Civil.
Article 25. The debt for contributions will be prescribed within twenty years from the time they became due.
Article 26. Non-compliance with this law or its regulations, false declaration, delay in reporting, reduction of contributions, non-affiliation, or delay in payment of contributions, will be punishable by Fines of $5,000.00 (five thousand pesos) to $50,000.00 (fifty thousand pesos), according to what the regulation establishes, which will take into account the entity of the omission and the turnover of the patron and his/her condition of primary infringer or reincident. The amount of the fines may be reviewed every two years by the Central Council of Family Assignments.
The fines will be imposed and charged by the corresponding Family Allowance Box, following for the procedure, the rules of Law No.
10.940, of September 19, 1947, as soon as they are applicable.
The result of the fines will be allocated to the Health Insurance Resources Fund created by this law.
In addition to the fines that apply to the company in violation, it will pay the inspection fees and professional fees of the curials and experts that would be required to use.
Any employer or contractor shall exhibit to the officials of the Central Council of Family Assignments and of the Boxes of their dependence referred to in Article 2 of this Law, duly authorized by them and to the Inspectors of the General Inspectorate of Finance and of the General Inspection of Labour and Social Security, the books, receipts and other documents where the payments of the remuneration are recorded and those that credit the fulfilment of the obligations of this law.
General provisions
Article 27. The Central Council of Family Assignments shall submit annually to the Executive Branch and the General Assembly, with the approval of the General Inspection of Finance, an economic, social and Health Insurance Fund Financial for the beverage workers.
Article 28. The Central Council of Family Appropriations shall formulate the annual budget of the Service, which shall be raised before 31 December of each year to the Court of Auditors of the Republic.
If the Court of Auditors of the Republic made observations and these were not accepted by the Central Council of Family Assignments, the background will be raised to the Executive Branch, who will ultimately resolve.
Article 29. Within a period of no more than one hundred and eighty days from the time of this law, the Central Council of Family Assignments shall organize the provision of medical services and allowances. throughout the national territory.
Article 30. The agreed benefits will begin to be effective at one hundred and eighty days after the current law is in force.
Article 31. Commune, etc.
Session of the General Assembly, in Montevideo, on May 19, 1971.
ALBERTO E. ABDALA¾
President
José Pastor Salvanach
G. Moratorio Collazo
Secretaries
Ministry of Labour and Social Security.
Ministry of Economy and Finance.
Ministry of Public Health.
Ministry of Education and Culture.
Montevideo, May 27, 1971.
Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.
PACHECO ARECO
JORGE SAPELLI
CARLOS M. FLEITAS
WALTER RAVENNA
ANGEL RATH
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Montevideo, April 1998. Legislative Power. |
