Law No. 13,108
UNEMPLOYMENT INSURANCE
PROVISIONS OF LAW 12.570 HAVE BEEN REPLACED WITH MANDATORY CHARACTER.
The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
Article 1 °. Substitute Articles 5 °, 6 °, 7 °, 8 °, 11, 12, 15, 17, 19, 20, 24, 25, and 37 of Law N °
12.570, of 23 October 1958, which shall be drawn up as follows: Way:
" Article 5 °. In order to be entitled to benefits, the insured person must have paid the contributions for at least six months of work in the Fund, which may be taken into account during the two years preceding the date of the generation of the right to benefit. This provision may be temporarily left without effect and may also be amended, for cases of unemployed persons engaged in activities not covered by other laws, on a proposal from the Joint Committee and by resolution of the Board of the Fund.
Article 6 °. The Fund shall provide the unemployed with an allowance equal to the amount corresponding to 12 wages, in accordance with the applicable awards or remuneration.
For the purposes of determining when the salary or salary is paid in all or in part, by means of ratings, commissions, food, housing, tips or other compensation, which in the case of the Caja constitute a normal and permanent remuneration, will be computed the sums actually received and the values corresponding to the remuneration in kind. The Executive Branch, with advice from the Fund, will determine by the regulatory route, the form and conditions of the evidence of such remuneration and of the extremes of normality and permanence.
Article 7 °. If the worker is married and the spouse is not paid or if he or she is unable or ascending, he shall receive a supplement of 20% (20%) of the amount of the compensation to be paid to him. The same benefit shall be granted to the worker who is not legitimately constituted. The amount of the compensation as well as the additional supplement may be increased by the Fund, after authorization from the Executive Branch to which the amounts and the terms of its validity must be proposed, with a well-founded report.
Article 8 °. The benefits must be served up to a maximum of 180 days for each contribution period. In periods of prolonged unemployment, at the request of the Joint Committee and by resolution of the Board of Directors, it may be extended in general, or for one or more specified activities, the term of duration of the benefits for up to sixty days. If the time limit or extension is expired, no beneficiary shall be entitled to receive any new benefits from the Insurance of Paro, until he has again paid contributions for at least six months.
Article 11. There is partial unemployment, for the purposes of this law, when a worker or group of workers or all staff at an establishment is reduced in the month working days, or in the day the working hours, in a percentage of the 25% (25%) or more of legal or employment in normal times. Except where the case of reduced work has been expressly agreed by collective agreement, or is characteristic of the profession, the worker who has been in a situation of partial unemployment for more than three months may opt to be dismissed and claim compensation.
Article 12. The worker in a situation of partial unemployment and as long as such a situation is maintained, will have the right to have the Directory of the Caja le abone:
(A) 50% (50%) of the difference between the salary actually received and the seventy-five percent (75%) of the legal or employment rate referred to in the previous article which it would correspond to, when the reduction of the working days in the month or hours in the day range from twenty-five per cent (25 per cent) to seventy-nine per cent (79 per cent).
B) 25 per cent (25 per cent) of the difference between the salary you actually receive and the seventies and Five percent (75%) of the legal or employment referred to in the previous article, which In the case of the reduction of working days in the month or hours, it would be up to 80% (80%) and ninety-nine per cent (99%). The rules laid down in Article 7 are governed by the provisions referred to in this Article.
Article 15. The benefits of this insurance shall be non-embargable, applying as exceptions, the same rules as regards the lien of wages.
Article 17. Workers covered by this law who have lost their employment for reasons of sickness or inability to provide services, duly checked, shall be entitled to insurance equivalent to the value of 15 employees, according to the relevant awards or remuneration to them, provided that they do not receive benefits from another forecasting system.
Article 19. The General Administration of Insurance of Paro will be in charge of the Retirement Fund and Pensions of Industry and Commerce, whose Board will act to those effects advised by a Joint Commission composed of three employers ' delegates and three workers ' delegates.
Article 20. The election of the employers 'and workers' representatives shall be made by the respective delegates to the Councils of Salaries, acting during the two years preceding the date of the formation of the Joint Committee. If there is no Board of Salaries in operation, as prescribed in the previous paragraph, the delegates will vote before the last Council of Salaries. The mandate of the members of the Joint Committee shall be the same as the term of office of the members of the Board of Directors. Subject to the provisions of the preceding paragraph and pending the election referred to above, the Joint Committee shall be appointed directly by the Executive Branch on a proposal from the parties concerned and within 10 days of the date of the date of enactment of this law, including two employer representatives appointed by the Chamber of Industries, a representative of the National Chamber of Commerce appointed by the National Chamber of Commerce, two appointed workers ' delegates by the Uruguayan Workers 'Central and a workers' delegate appointed by the Union Confederation of Uruguay.
Article 24. Within one hundred and twenty days after the date of promulgation of this law, the Executive Branch, on a proposal from the Board of the Fund and after the report of the Joint Commission, will send to the General Assembly a draft law the Working Bags referred to in Article 23 of Law No.
12.570of 23 October 1958. In terms of the Overseas Estimment Services and the Activities, the same will be governed by the Work Bags currently in force by law or decree, according to the existing uses and customs.
Article 25. The Fund shall organise, in accordance with the resources of the Fund and in agreement with the University of Labour, the re-education or professional preparation courses it deems necessary to facilitate the reintegration of the unemployed into a paid activity. For the same purposes and without prejudice to Article 3, the benefits of this law shall also apply to any person whose inactivity is due to physical or sensory impairment of invalidity during his/her treatment of professional rehabilitation, which will be suspended in the event of negligence or when it is completed. The Central Council shall have the relevant to ensure that the rehabilitation services are available to him.
Article 37. The Fund may be used for the creation of new sources of work, or for purposes of social interest, preferably linked to the occupation of the labour force, up to 10% (10%) of the funds which are collected according to the forecasts of the this law. For this purpose it must seek advice from the Joint Committee. "
Article 2 °. Amend Article 27 of Law No.
12.570, dated October 23, 1958, which will be worded as follows:
" Article 27. They shall not be subject to the obligation laid down in points (A) and (b) of the preceding article, employers and workers who, by other laws, make contributions of equal or greater amounts to the maintenance of unemployment insurance. Workers and employers who, prior to this law, have created a Paro Insurance scheme, by collective agreements, are excluded from the contributions set out in the previous article, provided that they comply with the following conditions: requirements:
(A) That the Insurance Fund of Paro assures the workers, at least, of the benefits that the general regime agrees to them;
B) That the surplus be used for works of social assistance, individual or collective, for the benefit of the affiliated workers;
C) To contribute to the Paro Insurance Fund, with fifty percent (50%) of what they have been required to contribute, to the workers and to the company, in accordance with the provisions of the previous article. "
Article 3 °. The Boxes whose operation is authorized by the previous article, shall have legal status in all legal effects, recognizing the rights established by Articles 30, 31, 32 and 33 of the Law No.
12.570, dated October 23, 1958.
Article 4 °. The eviction trials initiated against workers in the situation & # of partial or total unemployment will be closed in the following circumstances:
(A) If it were a partial idle, the presentation of a certificate of the company where it provides services where it works less than 150 hours per month, for reasons independent of the will of the company, will be sufficient to close the trial. worker;
B) If this is a total idle, by the filing of a certificate issued by the Insurance Service of the Retirement Fund, in which the situation of the worker is recorded.
Article 5 °. Companies and the Paro Insurance Department are required to extend the certifications that are requested to them in a period of time. The simple constancy of having submitted the application for obtaining such certificates, will determine the cessation of the judicial process of eviction.
Article 6 °. The Judge of the cause will have the Department of Insurance of the Paro of the Retirement and Pensions of Industry and Commerce, pay the sums owed and claimed by the owners, which be reintegrated into that body by the worker in monthly instalments, from the moment he returns to an occupation of more than 150 hours a month.
Article 7 °. The monthly rental amount and the rent refund fee anticipated by the Department of Insurance of the State of Retirement and Industry Pensions and Commerce, may not exceed the Forty per cent (40 per cent) of your monthly fee.
Article 8 °. Derogase Article 14 of Law No.
12.570 of 23 October 1958.
Article 9 °. Incorporate the art. 16, of law N °
12.570, of 23 October 1958, the following point: " When the worker receives the benefit in advance, in accordance with the provisions of the preceding subparagraph, the time limits shall not apply provided for in Article 8 of this Law. "
Article 10. Create from the Fund already accumulated, the Study Grants service for the children of the workers who have completed the school cycle.
Article 11. These scholarships will be served up to a maximum of one hundred and fifty pesos ($150.00) to the children or minors in charge of the worker between the ages of 12 and 18, who are studying in any of the University of Labor dependencies, including Agrarian Schools.
Article 12. When the child for the performance of his/her studies is required to move away from the family core, the costs of the pension will also be met, from the Fund already accumulated between 1 March 1959 and the date of the sanction of this law.
Article 13. The Department of Insurance of the State of Retirement and Pensions of Industry and Commerce, may agree with the University of Labor on the acquisition, by this Fund, of equipment for the education, especially those related to the industrialization of national raw materials. The publication of texts of theoretical-practical study, through the School of Graphic Arts of the University of Labor, will also be available, which will be delivered free of charge, on loan, to the students of that Teaching Institution.
Article 14. Commune, etc.
Chamber of Sessions of the Chamber of Senators, in Montevideo, on October 15, 1962.
JUAN C. RAFFO FRAVEGA,
President.
José Pastor Salvanach,
Secretary.
MINISTRY OF INDUSTRIES AND LABOUR.
MINISTRY OF PUBLIC EDUCATION AND SOCIAL SECURITY.
MINISTRY OF FINANCE.
Montevideo, October 23, 1962.
Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.
For the Council:
HARRISON.
ANGEL M. GIANOLA.
EDUARDO A PONS.
JUAN EDUARDO AZZINI.
Manuel Sanchez Morales,
Secretary.
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Montevideo, April 1998. Legislative Power. |
