Law No. 13,322
ESTIBATORS
THE BAG OF WORK FOR THE TASKS OF STOWAGE AND DESESTIBA IS CREATED IN THE PORT OF MONTEVIDEO, PROVISIONS ON INSURANCE ARE ESTABLISHED AND THE MANAGEMENT COMMISSION OF THE SERVICES IS COMMITTED TO THE MANAGEMENT OF THE SAME, DETERMINING YOUR FUNTIONS.
The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
CHAPTER I
From creating the
Job Exchange
Article 1 °. Create the Estiba Work Bag for the stowage and, desestiba, tasks of the Port of Montevideo, which are carried out on the ships in docks, docks, foreport and/or rada.
Except:
A) The operations of stowage and esestiba of refrigerated products from the Refrigeration Industry of the Meat, which will be carried out by the Staff of the Section Cargo and Download of said industry, according to conventions, laws and (b) Fuel and other bulk liquid products;
C) Supply and supply of ships within the limits laid down by regulation;
D) Operations with explosives carried out in the territory of the European Union; (rada), which may be performed with the crew.
The Estiba Stock Exchange shall be administered by the Administrative Commission of the Services of Estiba (CASE) in accordance with this law.
Article 2 °. The Port of Montevideo Estiba Work Exchange will be composed of two Closed Records:
A) Of Headlines; And, B) Of Substitutes.
Article 3 °. The Register A) of Holders, will be integrated with 150 winches and 550 stowers. It will be included in it, of trade, those operators that to the date of sanction the present law will integrate the current Register of the Stybas of the General Mercaderies (Overseas).
The places necessary to supply the existing vacancies in the Registry Previously appointed to the date of sanction of this law, until the completion of the authorized quantities, will be filled with the workers who currently integrate the Records of Fruits and of the General Substitutes of the Numerals 2,000 and 7,000 that meet the conditions to be laid down in the regulations.
The age, in itself alone, will not be a cause of impediment to the promotion.
Article 4 °. The Substitute Record B) will be integrated with 50 winches and 150 stowers. They will be included in the, of Office, those operators that to the date of sanction of the present law integrate the current Registers of the Marine Carboneros, Terrestrial Carboneros, Estimators of the Marine Sailors and the operatives of the General Substitute records of 2,000 and 7,000 that have not been included in the Register A) of Holders, even if they initially exceed the amount authorized. The 'stow-free workers' referred to in Article 1 of Law No
12.656of 24 November 1959 shall also be incorporated into the Register B) of Substitute.
Article 5 °. The vacancies produced after the sanction of this law in the Register A) of Holders shall be filled automatically, annually, with the members of the Register B) of Substitutes, according to their qualified age.
Article 6 °. For the purposes indicated, a Tripartite Commission shall act which shall be integrated as follows: a delegate of CASE, who shall preside over it; two delegates of the members of the Register A) of Holders; a Register B) of Substitutes; two delegates from the Transatlantic Navigation Center and a delegate from the National Ports Administration. This Commission will describe the seniority of the operators in the Register B) of the Substitute, appreciating in accordance with the rules to be set in the regulations of this law, the professional suitability required for the promotion and counting two points for each month of age, from the date of the worker's entry in the CASE Records and one point for each exit to the job, from the date of integration of the Register B) of the Substitute.
The delegates of the workers and employers shall be elected by means of the procedure laid down in law N °
10.449 of 12 November 1943.
Article 7 °. The vacancies produced in the Substitute Register (B) shall not be filled until all the current members of the Records referred to in Article 4 have been promoted.
vacancies which occur after the end of the Register (B) of the Substitute, provided that the needs of the work so require shall be provided by the Tripartite Commission referred to in Article 33, until the authorized quantities are completed.
Article 8 °. Members of the Register (A) of Holders shall have the preference to be called first and foremost, for the performance of the stowage tasks and annexe to the stowage, which Currently, they are part of the competition of the Estimator Registers-of the General Overseas and Fruit Mercers, with the reservation to be indicated in the following article.
Article 9 °. The members of the Register B) of the Substitute, without prejudice to the right to be called second and in character as alternates for the performance of the tasks indicated in the previous article, have as their sole preference in the distribution of the work, to be called, only in the first term, with precedence over the members of the Register A) of holders for the performance of the operations of stowage and annexe to the stowage that currently integrate the competence of the Registers mentioned in article 4 °.
With respect to the work of the fruit (bananas) will be realized by 50% (fifty percent) by the Registration A) of Holders and by 50% (fifty percent) by the Register B) of Substitutes.
In the event of insufficient staff of the Register B) of Replacements, for the performance of the tasks that are the responsibility of this article, the members of the Register A) of Holders may be called in the second place.
Article 10. Once the Register B) of Substitutes to 100 operatives, the members of the Register A) of Holders, shall be preferred to exercise all the operations indicated in Articles 8 ° and 9 ° exception, for coal and salt operations.
Article 11. The Administrative Commission of the Estiba Services, on a proposal from the Tripartite Commission that is created by Article 33 of this Law, will integrate Sub-Special Records with Workers of the Labour Exchange, if the port needs require, for reasons of specialisation, the particularisation of tasks.
When applicable, you will consider the specialties of the Current Records.
Article 12. The Administrative Commission of the Estiba Services, after obtaining the opinion of the Tripartite Commission referred to in Article 6, shall semi-annually purge the lists of existing free ones, excluding those which do not give evidence of a reasonable link to the working possibilities of the previous year and those which have been linked after 30 September 1964, not admitting new additions.
Such a payroll shall be listed as ' List Provisional Free Workers ', establishing the preferential duty of its members to provide the vacancies to be produced in the Register B) of the Substitute, once in accordance with the provisions of Article 7 ° the need for this is acknowledged.
Without prejudice to the provisions of the first subparagraph, incorporate, for the only time and within the period of ninety days of this law, to the lists of existing free, up to 100 crew members of the national flag vessels that check a minimum age of 12 years of continuous services or alternated.
Article 13. No operator integrating one Registry may at the same time integrate another.
Except to the members of the Register A) of Holders that may integrate the Registry of Seconds Capataces at the same time. To pass on to this Register, from the date of the sanction of this law, you will have to compute a minimum of six years in the Register A) of Holders, or in the current Register of Estimators of the General Mercaderies (Overseas); or of twelve years in the Records referred to in Article 4 ° of this law.
Also declare that the operatives originating in the Cabotage Estimate Registry may develop tasks as crew members.
Article 14. The cleaning in the hold will be performed by personnel from the Estiba Work Exchange, or by the crew, in the captain's judgment and with the following exceptions:
A) When monthly staff of agencies are employed; and
B) When specialized workers or implements are to be employed, as in the cleaning of tanks and sentines.
Article 15. The personnel required for the stowage tasks shall be requested by the representatives of the respective employers or foremen, in the schedules, and in accordance with the modalities to indicate the rule of law.
Article 16. The distribution of the work shall be carried out by the Administrative Commission of the Estiba Services, by rigorous rotating order.
Without prejudice to the foregoing paragraph, may be established Other forms of distribution, work per worker-employer agreement, which must be approved by CASE.
Members of the Register (A) shall be convened in accordance with the provisions of Article 8 of this Law, first being called finished the winches for tasks of their specialty and then, Stowers for the winch; finally the stevedores will be summoned for their tasks. In the same way, when the winking is over and the list of stevedores is exhausted, the winches will be called for stowage tasks.
The Register A) of the holders will be called to the members of the Register B) of the Substitute, according to the with the provisions of Article 9 of this Law, calling on the first term to the winchmen for tasks of their specialty, and then to the remaining workers.
When for reasons of work the use of the staff is required Under Article 11 of the law, such staff will be called upon to priority for the tasks of his or her specialization.
The lists of workers on the Estiba Work Exchange will be called the "Provisional List of Free Workers" provided for in Article 12.
Article 17. The operator is summoned and accepted, the order of the employers is left for the duration of the work relationship, reintegrating to the order of the Work Exchange at the end of the tasks.
call will be performed in the form of not exceeding the start time of each period or work shift.
CHAPTER II
Paro Insurance
Article 18. Workers in the Substitute Register (B) will be guaranteed the receipt of a minimum monthly income equal to the amount of twelve wage wages for the payment of license and holidays, of which deduct all the income of the worker for any activity, passivity, sickness allowance, compensation-accident at work, annual leave, holidays, and supplementary annual salary, subject to the provisions of the Article 24.
The faults to work and the calls not accepted by the workers will be taken into account for the purposes of determining the amount of the Insurance.
They are also protected by the benefits set before, to the current members of the Register of Cossers and Markers until they are promoted to the headlines. The vacancies originating in that Registry shall be deleted.
Article 19. For the purposes of the foregoing article, the connection to the tasks of the latter shall be credited with the regular fulfilment of the habituality in the exercise thereof, their dedication to it as a profession or as a source of work that can be considered exclusive, and the effective permanence to the order of the Administrative Commission of the Services of Estiba or of the employers.
The Executive Branch in regulating the law will determine on these bases the system of permanence to the order and the habituality of the worker, through the way of crediting the presence of the Concurrency to the Recruitment Center.
Article 20. The settlement of each worker's credit for Paro Insurance shall be effected by a Tripartite Commission composed of a delegate of the Administrative Commission of the Services of Estiba, (b) the Chair, two delegates of the Workers of the Register B) of the Substitute, and two of the employers.
The delegates of the workers and the employers and their respective alternates shall be elected by means of the procedure laid down in Law N °
10.449, of 12 November 1943.
This Commission will operate in the Administrative Commission of the Services of Estiba, which is obliged to supply all the material means necessary for the performance of these functions.
Article 21. The Tripartite Commission will report monthly to the Industry and Commerce Retirement and Pensions Fund (Paro Insurance Department) on the settlement of each worker's credit, making the Paro Insurance Department the corresponding payments.
Article 22. The Industry and Commerce Retirement and Pensions Box will take a separate account of the income resulting from the activities of stowage and annexe of the Port of Montevideo, by application of the law N °
12.570, of October 23, 1958.
If the same were insufficient, it will raise to the Executive Branch a bill proposing the financing of the necessary resources to balance the income and expenditures, without prejudice to the fulfilment of all its obligations under the Fund General of law number
12.570, dated October 23, 1958.
Article 23. Declare that the Substitute Register's stowage workers will receive the preceding benefits in replacement of those set out in law number
12.570, 23 of October 1958.
Article 24. The periods of unemployment in which workers receive compensation for Paro's Insurance will be computable to the retirement effects, recognizing for that computation the full value of what is perceived by that concept. The same principle shall apply for the purposes of the liquidation of the annual licence, the payment of the payment by law, and the supplementary annual salary.
The Administrative Commission of the Services of Estiba, when practising the liquidation of such benefits, will discriminate against contributions from employers and those who need to be taken care of under the resources created by Article 26 of Law No.
12.570, dated October 23, 1958.
Article 25. The legal contributions and contributions payable to the Industry and Commerce Retirement and Pensions Fund as a employer, pursuant to the provisions of the foregoing Article, shall be charge of the Resources Fund set up by Article 26 of Law No.
12.570of 23 October 1958.
CHAPTER III
From the
Services Administrator Commission
from Estiba
Article 26. The Administration of the Services of Estiba in the Port of Montevideo shall be exercised by the Administrative Commission of the Services of Estiba (CASE) in accordance with this law.
To these effects the Administrative Commission of the Services of Estiba, acting as intermediary between the employers and the workers, must supply to those personnel necessary for the performance of the respective tasks, assuring them of an orderly and equitable access to them.
Article 27. The Administrative Commission of Estiba Services, without prejudice to Article 26, shall perform the following functions:
A) to resolve as a raised body legal and regulatory issues involving an interpretative divergence or a conflict of interests between employers and workers and disciplinary matters, without prejudice to the powers of the the Tripartite Commissions;
B) Report to the Executive Branch-on the draft work regulations and the conditions under which they are to be carried out;
C) Dictate, in the case of situations not provided for in the regulations, if no agreement of parties is achieved, the corresponding provisional rules;
D) Seek through their representatives in the Tripartite Commissions the coordination of the various work regulations;
e) Exercise all necessary administrative services for the collection and subsequent version of wages and salaries affected to the compliance of social laws;
F) Direct internal services to your office;
g) To exercise the tasks conferred by law, and those responsible for it according to the decrees and resolutions of the Executive Branch;
(H) Apply in relations with its officials, the relevant provisions of public law and in particular those of the Staff Regulations;
I) Reglamenting the entry into the administrative functions that will be by contest of opposition and by the last degree of the escalation;
J) Increasing productivity; and
K) Organise and coordinate their activities with other port services.
Article 28. Open the appeal for reasons of legality before the Executive Branch against the resolutions of the Administrative Commission of the Services of Estiba.
Such an appeal may be brought only The Agency's internal administrative route will be exhausted and will be exercised before the Ministry of Industries and Labour, within ten days of the final resolution.
Article 29. Against the ruling of the Executive Branch, the action of nullity shall be filed before the Tribunal of the Administrative-Administrative Party provided for in Article 309 of the Constitution of the Republic.
Article 30. The rule contained in Article 36 of Law No.
12.276, of 10 February 1956, to the resources referred to in this Law is declared applicable.
Article 31. The expenses of the Administrative Commission of the Estiba Services will be solved with the contributions of
users.
Such contributions will constitute the fund of resources of CASE, which will be integrated with a single additional percentage of the salaries that the Executive Branch sets annually. The percentage shall not exceed the maximum fixed for administrative expenditure, of the Family Allowances.
Article 32. Before 30 September of each year, CASE shall submit to the approval of the Court of Auditors of the Republic the programme of application of its revenue, corresponding to the year following year.
Before 1 ° April of each year, CASE shall report to the same Tribunal of the administration of the funds and compliance of the said program also giving, in what is applicable to it, Article 195 of the Constitution of the Republic.
CHAPTER IV
From the Tripartite Commissions
Article 33. The Administrative Commission of the Estiba Services, shall be integrated for the Register (A) of Holders, and for each of the other Records of Workers it administers, a Tripartite Commission, with a CASE delegate to the Chair, two workers 'delegates and two employers' delegates, appointed by the most representative workers 'associations and employers' associations in the tasks corresponding to the Register of the case.
If the most representative character of the Workers ' Association or the designating Patron Association is contested, the Executive Branch may order the designation by election, in accordance with the procedures indicated by the law. N °
10.449, dated November 12, 1943.
Jointly with the holders, equal number of alternates will be appointed.
The members of the Tripartite Commissions will last two years in their duties, being able to be re-elected and remain in office until they are replaced.
Article 34. Tripartite Commissions shall have competence in all relevant matters in each Registry, and shall act on their own initiative or at the request of a party.
The resolutions of the Tripartite Commissions will be binding. Without prejudice to the rights recognized by the union organizations for the Constitution.
In order to issue a resolution on the first call, the three sectors that make up the vote must be present at the vote. If this does not happen, in the second call, which must be held within forty-eight hours, resolution will be issued with the delegates present. "
Article 35. Against the resolutions of the Tripartite Commissions, an appeal may be filed with the Administrative Commission of the Estiba Services within forty-eight working hours of notified.
CHAPTER V
From the organization of the
job
Article 36. The stowage and esestiba operations, as well as the annexe that correspond to the competition of the Registers, will be executed exclusively, from the beginning to the end, by the personnel of the same.
Except for this provision, the following cases:
A) Those expressly excepted by law in the field,
B) Those in which the use of the crew is usual; and
C) Force majeure.
Article 37. The management and organization of the work on board during the working relationship shall be exercised in accordance with the regulations in force, and in accordance with the instructions given by the employers.
Article 38. The Capataces will be responsible for the maintenance of the discipline on board, and must remove from work the operators who have committed violations provided for in the respective regulations.
Article 39. In the case referred to in the previous article as well as in those who have raised differences in the conduct of the operations, the Capataces shall establish the constances. in the "Book of Complaints and Claims" that the Administrative Commission of the Services of Estiba will take, within twenty-four hours of the fact. Without prejudice to this, and when it corresponds, the Capataces will give due intervention to the Maritime Prefecture of the port of Montevideo.
CHAPTER VI
From
arbitration
Article 40. All conflicts or differences of work will be immediately and in place failed by the Inspectors of the Administrative Commission of the Estiba Services, affected by the elucidation of the
In no case, the differences can justify the arrest of the tasks, which must continue without prejudice to the processing of the relevant claim before the Tripartite Commission.
Article 41. The party aggrieved by the Inspectors ' ruling may have recourse to it within the period of forty-eight working hours before the Tripartite Commission.
The resource.
CHAPTER VII
From the
discipline
Article 42. The Administrative Commission of Estiba Services, may sanction employers:
(a) For non-compliance with laws or regulations;
B) By default of payments within the deadlines indicated by the Administrative Commission of the Services of Estiba or by default or default in the presentation of the documentation necessary to settle the debit. In these cases the sanction may be graduated until the right to call staff is suspended.
Article 43. Representatives of the employers accredited to the Recruitment Center (Kiosco de Estiba) or entrusted with the management of the tasks on board may be subject to the suspension of the right to act on the same, in the following cases:
(a) For offences committed against workers or officials of the Administrative Commission of the Services of Estiba;
(b) Not to be considered as a result of workers;
c) For transgression as referred to in Article 38.
Article 44. Faults committed by the workers to the order and/or at work shall be reported by the inspectors or interested party to the Administrative Commission of the Services of Estiba, which, without prejudice of the preventive measures which may correspond, it shall convene the corresponding Tripartite Commission. This will instruct the complaint and make its ruling, raising it to the Administrative Commission of the Services of Estiba for its execution.
Article 45. Tripartite Commissions may apply the following penalties to workers:
(a) Perceptions;
(b) Suspensions;
c) Disposal of the Register;
Article 46. They will be considered to be faults for the purposes indicated in the previous article:
(a) Acts of a criminal nature committed by the operator to the order or at work, provided that it shows a danger incompatible with the normal development of the same or the maintenance to the order;
(b) The notorious misconduct, either by finding the staff on the order or at work, to the detriment of the employers, the Administrative Commission of the Services of Estiba, other workers or third parties;
c) For repeated professional misconduct.
CHAPTER VIII
From employers
Article 47. The Administrative Commission of the Estiba Services, will carry an Employer Registry that will be integrated into all the Maritime Agencies and those public or private companies or agencies that perform stowage, esestiba and annexe tasks.
Article 48. Employers must:
a) Constituting companies with radication in the national territory;
b) Ensuring proper compliance with their obligations;
c) crediting their representation to CASE; and
d) Making payment of the jornals and additional established by social law.
Article 49. The employer who must have hired registered personnel does not do so, must pay the wages corresponding to the posted staff. And the employer who will hire a staff other than the one to be hired must pay the wages corresponding to the replaced staff from the time the replacement was made.
In all cases requested, CASE, be issued within forty-eight hours in respect of the personnel to be used.
Article 50. The Administrative Commission of the Estiba Services, will not recognize more intermediaries before the Captains of the ships, than the registered employers.
CHAPTER IX
From payment of jornals and other obligations
Article 51. The jornals will be documented by means of vouchers given to workers in the workplace. The payment of the wages shall be made directly to the holders, in the Office of the Administrative Commission of the Services of Estiba, in weekly periods, according to the regulations that are dictated in this respect.
Article 52. The licenses, which are paid by law and additional annual salary, shall be settled and paid by the Administrative Commission of the Services of Estiba. For the purposes indicated, the payment of additional percentages to the salary, which will be discharged in CASE, together with this one.
For the purpose of servicing the administrative costs arising from this service, the employers will pay to the the Administrative Commission of the Services of Estiba the same percentage established for the attention of the administrative expenses.
Article 53. The contributions for the Industry and Commerce Retirement and Pensions Fund, for family allowances and for the Resources Fund created by Article 13 of the Act No. href=" /leyes/ley130 96.htm"> 13.096, dated 11 October 1962, shall be issued by the employers, together with the employees in the Administrative Commission of the Estiba Services, which shall carry out the corresponding retroversion.
Pension tax on old age, will do through CASE.
Article 54. The Administrative Commission of the Estiba Services, will not supply personnel without the corresponding insurance against accidents at work in the State Insurance Bank. The percentage shares corresponding to the payment of the premiums will be made by the employers through the Administrative Commission of the Estiba Services in conjunction with the employees, making the corresponding retroversion.
CHAPTER X
Transient system of retirements
Article 55. All workers who are members of the existing records as of the date of the sanction of this law, which are listed: Register of Estimators of General Mercaderies (Overseas), Register of Fruiters, Register of Carboneros and Saves Maritimes, Register of Seafarers of Coal and Salt, Registration of Cabin Keepers, Register of Coasters and Markers, Land Carboners Register, Overseas Apunter Records, Registration of Apunters Cerealists, Guardians Registry, White-Load Capataces Register, Registration of Lancheros, Registry of Substitute of the number of 2,000 and Registry of Substitute of the Numeral 7,000, that to the date of the promulgation of this law they have jubilatory causal and have been introduced initiating the procedures of retirement, or within sixty days from the date of its promulgation, they will have preferential processing and soon dispatch for the file of their passivity.
Article 56. As of the date of termination of the workers ' activity referred to in the previous article, CASE shall pay a pre-retirement advance monthly, equal to the amount of twelve wages of the salary rated for a day on a day on clean load, after information from the Retirement and Industry Pension and Trade Fund to have requested the passivity and to be configured the right to cause.
Estimate Services shall retain the monthly amounts to be paid to the Fund Retirement and Pensions of Industry and Commerce, by concept of montepio, the sums that will pay its workers for pre-retirement advance, according to the provisions of this article.
Article 57. When you liquidate the passivity, the Industry and Commerce Pension and Pensions Fund will discount those workers, from the assets that may correspond to them, the overall amount paid for advance payments. prejubilatory. In those cases where the pre-retirement advance was greater than the amount to be collected, the Retirement and Industry Pension and Trade Fund will discount the difference to the holder of the passivity in monthly quotas that will not exceed 10%. (ten percent) of the amount of passivity.
CHAPTER XI
Transitional provisions
Article 58. Declare that the various tasks corresponding to the groups indicated in Articles 3 and 4 must be performed according to the regulations in force for each specialty. Without prejudice to the foregoing paragraph, once the conditions of Article 10 have been fulfilled, the Tripartite Commission, as provided for in Article 33, shall draw up the General Rules of Work of Estiba, which shall replace those in force.
Article 59. Declare that as long as the current members of the records referred to in Article 4 ° of this Act are not incorporated into the Register A) of Holders, up to the limit set in the Article 10, each of the current records and their respective guild entities, which represent them, retain their competence to intervene in all the problems that are peculiar to their specialty.
Article 60. All provisions that are opposed to this law are hereby repealed.
Article 61. Commune, etc.
Chamber of Sessions of the Chamber of Senators, in Montevideo, on January 26, 1965.
MARTIN R. ECHEGOYEN.
President.
Jose Pastor Salvanach,
Secretary.
MINISTRY OF INDUSTRIES AND LABOR.
Montevideo, January 28, 1965.
Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.
For the Council:
BELTRAN.
FRANCISCO M. UBLLLOS.
Julian F. Alvarez Cortes,
Acting Secretary.
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Montevideo, April 1998. Legislative Power. |
