Key Benefits:
The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
ArtAculo 1A °.
The insurance on occupational accidents and occupational diseases provided for in the laws is compulsory. The employer who does not assure his workers and/or assimilated persons (Article 3A of the law NA ° 10.004) without prejudice to the liability for occupational accidents or occupational diseases which suffer the same, shall be punished with a fine equal to twice the amount of insurance premiums which it has omitted, with a For the first time and for the next time, with a minimum of two hundred pesos, the following ones. When he handed down a sentence, the judge ordered the employer to assure his staff at the State Insurance Bank, within the period of 15 days. If the employer does not comply with this order, it shall be subject to a new graduated sanction according to the provisions of the previous paragraph and shall be so forth until it assures its workers or assimilated persons. In addition, if it is a commercial or industrial establishment, the second offence the Judge may arrange for its closure, which will last until the insurance contract has been accredited, the court will authorize the reopening of the establishment.
ArtAculo 2A °.
The National Institute of Work and Services and the State Insurance Bank, will audit compliance with the obligation set out in the first paragraph of the preceding article and promote it. against the violators the corresponding action before the justice. The violations of the appointed institutes may be denounced in written or verbal form, and the minutes shall be issued in the latter case. Complaints shall not be incurred for any purpose.
ArtAculo 3A °.
They are competent to attend in the first instance in the application of the sanctions provided in the preceding articles, the Justices of Peace of the respective Secciation in Montevideo and those of the capital, cities, towns or villages in the departments, when the amount of the fines to be applied according to the demand does not exceed a thousand pesos. Their sentences will be appealed to the judges of the Treasury and the Administrative Court in Montevideo and to the corresponding Judges of First Instance in the departments. Exceeding the amount of the fines of the amount expressed, the Judges of First Instance shall be understood in the First Instance, according to the action to be promoted in Montevideo or in another department. The sentences of these judges will be appealed to the Court of Appeals in the civil case.
ArtAculo 4A °.
To sanction the violations, the procedures that will determine the items that follow will be observed.
ArtAculo 5A °.
The Inspector will work out the record that will read the employer or its representative and subscribe to it. The statements which the employer or his representative wish to make shall be entered in the same way. The refusal to subscribe to the minutes shall be recorded in the minutes. The Inspector will immediately carry out a full report, and must collect the signatures of the witnesses he interrogate.
ArtAculo 6A °.
Terminated the information referred to in the preceding article, giving view to the employer of the actions for the term of ten days, within which the latter may present the exposures written and offer the evidence you deem appropriate. The hearing shall be held within the locality in which the offence was committed, in the Office of the National Institute for Work and Services Anexados or in the Branch or Agency of the State Insurance Bank and, in the absence of both, in the Court Sectional Peace.
ArtAculo 7A °.
The notification of the view, will be made in the establishment, the employer or in its defect the person who represents it or is in charge of directing the tasks. After the deadline of the hearing and, if necessary, the trials offered, the Inspector will raise the performances to his superiors.
ArtAculo 8A °.
If the National Institute of Work and Services or the Insurance Bank of the State, in the case, understood that there has been an infringement, provided that it mediates firm administrative resolve, -immediately promote judicial action against the employer.
ArtAculo 9A °.
The same terms of the items above will be observed when you mediate a complaint made by the worker, associations or trade unions or interested third parties.
ArtAculo 10.
The request is filed, the Judge will confer the same to the defendant for the term of nine peremptory days. If the cause is to be received in the test, the transfer of the claim or the end of the proceedings is withdrawn, the Judge shall be given a period of time and an extension of 15 days for the proceedings to be carried out in respect of the the demand and answer or that they are within the first five days of that term. After the test and the actuary added by the actuary, the ones that have been produced will be put in the office for ten days at the disposal of the parties in order for them to be instructed; and after this period the Actuario will tell the judge with the that each party has made a written statement, having concluded the cause for judgment. The Judge should make his ruling in the term of sixty days.
ArtAculo 11.
The first instance statement, will be appable in relation. Against the second instance there will be no recourse.
ArtAculo 12.
The National Institute of Work and Services and the State Insurance Bank shall appear before the competent judges through their attorneys or the officials who have been administratively authorised for this purpose. The Bank may also do so through its General Agents. They will be filed on paper and their demarches will not be paid or other court fees.
ArtAculo 13.
The employers covered by the provisions of the laws on occupational accidents and occupational diseases should exhibit to the Inspectors of the National Institute of Work and Services Annexed or the State Insurance Bank, the insurance companies, to facilitate the actions of those officials, related to the compliance of the aforementioned laws. If they do not, they will incur a fine of five hundred pesos, which will apply to these fines, the rules on competition and the procedure, they establish the articles 3A ° and following of this law.
ArtAculo 14.
The application for non-compliance with the obligation to insure, the Judge, at the request of the actora without a further limit and without the need for a strengthening of the preventive embargo of the goods of the respondent, in sufficient quantity to cover the amount of the fines claimed, probable compensation and expenses.
ArtAculo 15.
Actions for the collection of insurance premiums for occupational accidents and occupational diseases, for the capital necessary for the service of income and/or expenses in the case of uninsured workers, (a) to be prescribed by ten years from the date on which the obligations became due. The right to the recovery of penalties is prescribed in the same period. The interest of any administrative or jurisdictional resource shall suspend the course of the registration until the final decision or the sentence executed. Any payment or total or partial debt payment, where applicable, shall also be interrupted by the course of the debit.
ArtAculo 16.
ModifAmend the items 7A °, 11, 12, 15, 17, 20, 29, 44, 45, 60, 63, and 64 of the NA ° 10.004, of 28 February 1941 and its amendments, on compensation for accidents at work and occupational diseases, which will be written as follows:
" ArtAculo 7A °. Persons covered by this law, whose salary exceeds fifteen thousand pesos ($15,000.00) per year and in their case the right of them, cannot invoke their provisions to obtain compensation or income that (a) to a higher remuneration of that amount which for legal purposes is fixed as a maximum and without prejudice to those corresponding to the case provided for in the preceding Article, final part, and the provisions of Article 9A of the law ".
" ArtAculo 11. The State, the Departmental Governments, the Autonomous Authorities and the Decentralized Services, and other moral persons who are in charge of public establishments, have the same obligations as this law to the employer, to the people of his service, but it should be compulsory for the State Insurance Bank to use them in manual work. The obligation to insure does not disappear because the workers of the State, the departmental governments, the Autonomous Authorities, and other moral persons referred to above are covered by the laws of retirement or may be entitled to licenses with pay during the period of incapacity for payment during the periods of incapacity arising from accidents. Such workers dependent on Central Administration, departmental governments, Autonomous Authorities, Decentralized Services, etc., who are compulsorily insured in the Bank, will receive from the Bank during the disability assistance periods. temporary, and for as long as it lasts, the compensation fixed by this law; and directly from the State or the public bodies that are dependent, the difference of remuneration that may correspond to them according to the laws or regulations to which they are subject. The annual income for permanent incapacity or death (items 12, 15 and 18) is cumulative to the pensions or pensions served by the Social Welfare Banks, whatever their legal nature. However the permanent incapacity income corresponding to the last one, added to the respective retirement will not be able to exceed in no case of one hundred percent of the corresponding salary Antegro of the acibity calculated according to the norms provided for in Articles 22 et seq. of this Law, without governing the limitation of Article 7A. If the sum of both benefits exceeds that one hundred percent of the salary, the respective Retirement Fund will reduce the amount of the passivity and pay only the surplus over the amount of the income in the amount necessary to complete that amount. The income and passivity may be increased in such a way that it exceeds that maximum amount of accumulation when the increases come from the application of legal norms on the adjustment of income or retirements by variance in the prices or cost of living. "
" ArtAculo 12. (a) I. In the event of temporary incapacity, the accident shall be entitled to a daily allowance equal to half of the total of the costs of the accident at work. salary or remuneration paid at the time of the accident and from the day after the accident. The compensation shall be paid daily and shall be paid in respect of the public holidays. II. If the vActima is on a monthly basis or is working irregularly or in a flat form, the daily allowance shall be equal to half of the daily wage resulting from dividing by 300 the annual salary calculated in the form set out in Articles 23 and 24. III. When the temporary incapacity lasts for more than thirty days, the compensation shall be raised to two thirds (2/ 3) of the salary from the very first day of the accident. IV. However, when the daily wage does not reach seven pesos with fifty cents ($7.50) the compensation will be equal to the amount of the aquell and in all the cases the compensation mAnima will be seven pesos with fifty cents ($ 7.50). (b) Income in the event of permanent incapacity shall be equal to the reduction that the incapacity has made for the salary or salary, within the maximum limit fixed with general cter. "
" ArtAculo 15. In the event of an accident which has resulted in the death of the injured person, his/her rights-holders shall be entitled to an income in accordance with the following provisions: 1A°) A life income equal to 50% (50%) of the salary or remuneration Annual for the surviving non-divorced or separated body of the body on condition that the marriage was held prior to the date on which the accident occurred, or that the one performed subsequently responds to the regulation of a The "more uxorio" duration of the duration of a year. When the income corresponds to the husband, he will be entitled to it if he justifies that he is incapable of work. 2A°) An income to be determined according to the provisions that follow for the children under 16 years of age, and until that age and to the greater than 16 years of age incapable of living at the expense of the worker, regardless of the legal bond which he or she shall bring, provided that this is duly justified. This justification shall not be necessary when the children or the children are not the legal or natural children of the deceased worker. It is presumed that the minors or incapable are found in the case of the first paragraph of this paragraph, when they are descendants or collaterals, until the third degree, of the dead worker, and live in the same abode of the same. A) The income, if the minors or incapable have a surviving father or mother, will be twenty percent of the annual salary, if there are no more than one; of the thirty-five percent if there are two; of the forty-five percent if there are three; and of the fifty-five percent. Five percent if there are four or more; B) The income, if the minors or unable have no surviving parent or mother, may be raised to fifty percent of the annual salary for each of them, with the lAmite set in article 17. "
" ArtAculo 17. The annual income that is agreed in accordance with Article 15, to the persons in question, shall not be in any case exceeding one hundred per cent of the annual salary within the maximum limit fixed with general cter. If the amounts of the income exceed that percentage, each shall be reduced proportionately so that they do not exceed that salary. "
" ArtAculo 20. The employer shall also be responsible for the costs of assisting and burying the accident at work. Burial expenses will not exceed a thousand pesos
($100.00). The assistance costs include the free medical, surgical and pharmacological care as well as the normal supply and renewal of the necessary accessories to ensure the success of the treatment or to relieve the consequences of the injuries and the costs of transport from the place of the disaster to the cure ".
" ArtAculo 29. When the annual salary paid by the worker or assimilated does not reach four thousand five hundred pesos ($4,500.00), the indemnities established by this law for cases of permanent or dead incapacity shall be fixed on the basis of that amount. The same rule shall be followed, whether or not paid, in the case of apprentices or workers under 21 years of age, without prejudice to the application of the rule set out in Article 24. "
" ArtAculo 44. Received the complaint, if the Bank understood that it should not accept it or have doubts about the character of the accident, should present, before the very twentieth, written exhibition before the National Institute of Work and Services In the light of the rejection of the complaint or expressing the doubts that determine its non-acceptance. From this display you should make the news to the worker or his right-person. In the case of accidents occurring outside the Department of Montevideo, the deadline of thirty days and the exhibition will be presented to the respective departmental offices of the National Institute of Labor and the Anexate Services, contesting the rejection of the complaint made by the State Insurance Bank, or by observing the origin of the doubts expressed by the State Insurance Bank in its exhibition, the National Institute of Work and Services will have to ask, before the day, that the summary information of the case is made before the corresponding Peace Judge in the form set out in Articles 33 et seq. '
" ArtAculo 45. If the Bank does not present an exhibition within the terms expressed, it will be understood that it accepts the complaint. In this case, the parties agree, the compensation will be liquidated and the minutes available to them will be worked out. 40 and 41 with the intervention of the Letrado Advisor of the National Institute of Work and Services Anexados or the Prosecutor General. Counsel, without it being necessary for the minutes to be extended before the Judge of Peace. In the case of accidents which have caused the insured workers to be temporarily unable to work, without having to make a permanent use of the work, the lifting of the minutes will not be indispensable, with the signatures of the claims on receipts from the payment of compensation. The Legal Counsel of the National Institute of Work and Services, or the Prosecutors ' attorneys, may request the Bank to take all the records of the case and control the payments of the compensation. "
" ArtAculo 60. The person who receives income for permanent incapacity must provide in writing to the State Insurance Bank the information he or she asks about the paid work or activity to which he/she is engaged, the salary of the State, wages he/she perceives, name of your employer. The Bank may suspend the payment of the income until the worker does not provide such information. If in such information false facts are recorded and in the judgment of the competent Judge, it has only been mediated by the worker in the adulteration of the data supplied, the justice at the request of the Bank mentioned decree the cessation of the definitive income ".
" ArtAculo 63. Persons covered by this law shall have the right to rent if they live in the territory of the Republic upon the occurrence of the accident and as long as they remain in the territory of the Republic. If the right to rent is absent, the amount corresponding to three annuities of the income shall be received for all compensation. As exception to the statuesque in that article it is established that the right-holders of deceased workers, who lived abroad at the time of the accident or the professional illness that caused the death of the worker, but that (a) the right to receive income in accordance with the provisions of Articles 15 et seq. of this Law. In case they are then absent from the paAs they will lose the right to rent, without receiving any compensation. "
" ArtAculo 64. The injured worker, insured in the State Insurance Bank, must be obliged to submit to the assistance provided by that institution or in each case, unless he is sought at his expense, by himself or through the In this case, the Bank's right to control the progress of the injuries remains. During the period of assistance, the worker will not be able to perform paid tasks without the prior authorization of the State Insurance Bank. Failure to comply with the obligations that this article puts in charge of the worker shall give the State Insurance Bank the right to suspend the payment of the temporary compensation. "
ArtAculo 17.
The Executive Branch, on a proposal from the State Insurance Bank, may change the minimum wages, salaries and allowances and burial expenses established by this law.
ArtAculo 18.
If a worker's salary is set by dAa or hourly, but there are factors that can vary, such as the circumstances of the work being done from dAa or night, in dAa (a) in the case of a temporary incapacity for work or occupational disease, which shall be settled on the basis of the salary of the person concerned, or in the case of a person who is a member of the the average of the total amount of the wages earned by the vActima for the previous twelve months.
ArtAculo 19.
If in the case provided for in the previous article, at the time the temporary incapacity occurred, they would not have elapsed, all twelve months after the worker started working for the employer, or if Any reason would not be possible to determine the basic salary in the form arranged, will be taken as a basis for settling the temporary compensation, the average salary earned during the expressed lapse, by the similar workers in the same similar establishment or activity.
ArtAculo 20.
When the worker works at his or her home or abroad, for several employers, for the purposes of determining the basic salary for the settlement of the compensation or income, all the revenue it obtains for that concept. This rule will apply, too, in the event that a worker performs more than one activity, for the same employer.
ArtAculo 21.
The worker who has been vActima of successive occupational accidents and/or occupational diseases, will have the right to rent even for those who have caused him a permanent disability inferior to the Ten percent, as long as the reduction of their work capacity, caused by the various labor woes suffered, has reached that minimum overall. The income corresponding to each accident of work and/or occupational disease, will be settled separately, on the basis of the salary that the vActima earned when suffering it and will be in charge of the employer for whom he worked then. The State Insurance Bank will be charged with the resulting income from permanent disabilities, less than 10%, prior to the validity of this law.
ArtAculo 22.
The Insurance Bank of the State shall provide medical assistance to the non-insured workers who request it, and shall require the employer to reimburse the corresponding expenses in accordance with the procedure set out in Articles 10 et seq. The competent judges shall be those indicated in Article 3A of this Law.
ArtAculo 23.
The fines provided for by this law or the fines for occupational accidents and occupational diseases, will be paid at the State Insurance Bank, which will be used for the purposes of the assists.
ArtAculo 24.
The Insurance Bank of the State may require the hospitalization of the injured workers for the purposes of assessing their permanent incapacity, or the aggravation or attenuation of the same to compensate for the loss of wages that may be extended by such an intervention. If the worker refuses to be admitted, the payment of the daily compensation or income that corresponds to him will be suspended, payment that will only become effective since he withdrew from that attitude.
ArtAculo 25.
The responsibility of the employer for occupational accidents or occupational diseases of his or her workers and/or assimilated persons is governed exclusively by the provisions of the special laws of the field, with exclusive rights, except for the case of the same as provided in those same laws.
ArtAculo 26.
The Insurance Bank of the State will set the insurance premiums for occupational accidents and occupational diseases, which should be reviewed at least once every two years. The premiums may vary in function of the hazard of the risk to the various activities and even for the various establishments within each activity, but in no case the premium applied to an establishment may be more two and a half times the average of the premiums of similar establishments. In order to measure the danger of risk, the results of the insurance in the preceding years shall be primarily taken into account. In addition, the measures of prevention of accidents of work and/or adapted occupational diseases, the possibilities of catastrophic disasters, and any other information that is technically appropriate, will be appreciated. For the financing of the income, the State Insurance Bank will use the method of capitalizing and constitute the respective mathematical reserve according to its tables. The increases in the obligations arising from the application of the income updating scheme provided for in this law will not, however, be determined by the constitution of the mathematical reserve, which is governed by the principles of the (a) the distribution of social security contributions. The net operating profit of occupational accident insurance and occupational diseases will not be greater than 10% (ten percent) of the total premiums received by the State Insurance Bank. For the purposes of this benefit, consideration shall be given to the temporary disability allowance, the mathematical reserves, the permanent incapacity or death income and the amounts payable for income updates, (a) the fees arising from the provision of medical assistance, the provision for reserves of outstanding claims and non-run remains, the reserves for delinquent debtors, the emergency reserves and the financial and administrative expenditure; and taxes. The State Insurance Bank may deduct from the net profit of each financial year that it exceeds 10% of the premiums received, the loss suffered in the same insurance portfolio in previous years. This compensation may be operated up to the fifth year after the loss occurred.
ArtAculo 27.
If you do not proceed in the manner provided for in the previous article, a profit greater than 10% of those premiums is obtained in the annual balance sheet, with the surplus the Bank shall constitute a special fund. "Fund for the Promotion of the Prevention of Accidents of Work and Professional Diseases and the Rehabilitation of Disabled Workers". This fund can be used for the purposes indicated in its name, such as:
A) Subventilating to public or private institutions, which encourage the prevention of accidents from work and occupational diseases or the rehabilitation of disabled workers.
B) Instituting awards to the best organizations of security of insured establishments.
C) Institutional grants for the study of the security or rehabilitation of disabled persons.
D) Financing courses, dissemination material and advertising campaigns on safety or rehabilitation.
ArtAculo 28.
The State Insurance Bank, taking into account the amount of individual insurance premiums for occupational accidents and occupational diseases, may agree to insured employers. facilities for payment of the same, according to the regulations that will dictate the Directory of the institution itself.
ArtAculo 29.
The employer who makes concealment or false declaration of the salary of his workers and/or assimilated persons incurs the crime of "ideological falsification, for particular", as defined by Article 239 of the Criminal Code.
ArtAculo 30.
The State Insurance Bank will revaluate the amount of rent that, by permanent disability or death, started to serve before the 1st January 1961 in accordance with the provisions of the law Number 10.004, dated February 28, 1941, including in that revaluation the rents that serve as an account of uninsured patrons.
ArtAculo 31.
The repricing of those rents will be multiplied by multiplying their current amount by the following factors:
AA ± or accident factor AA ± or Accidents Factor
1921 to 1938 10 1951 4.94
1939 to 1941 9.50 1952 4.34 1942 9.13 1953 4.07 1943 8.60 1954 3.64 1944 8.20 1955 3.35 1945 7.36 1956 3.13
1946 6.68 1957 2.73
1947 6.31 1958 2.33
1948 5.65 1959 1.67
1949 5.60 1960 1.20
1950 5.55
ArtAculo 32.
Fulfil the value update provided in the previous article, the State Insurance Bank, of its own initiative, will adjust every two years, the income that will serve for permanent incapacity or death in the cases of accident at work, or occupational disease. This adjustment will be made in the exclusive function of the price index established by the Ministry of Finance or in its absence by the Ministry of Finance or in its absence will start to be served in the course of a biennium will have a factor of proportional adjustment to the time measured, computed, in months, between the initial date of the payment of the income and the maturity of the respective biennium. The first biennium will be computed from the 1st of January 1962.
ArtAculo 33.
Where the adjustment of income paid to uninsured workers or assimilated persons, who are injured or contracted occupational diseases after the date of validity of this law, is subject to the adjustment of income; the Bank shall require the employer to supplement the capital necessary to serve such an increase in income, constituting the settlement to be taken by the Bank, executive title (Article 874 of the Civil Procedure Code).
ArtAculo 34.
Deribe the article 4A ° of the law NA ° 12.290, dated 12 June 1956.
ArtAculo 35.
The provisions of this law shall enter into force for the sixty (60) days of your publication in the "Official Journal".
ArtAculo 36.
Community, etc.
Chamber of Sessions of the CA of Representatives, in Montevideo, on November 21, 1961.
ULXX_ENCODE_CASE_CAPS_LOCK_ON pivel devotee,
President.
G. Moratorium Collazo,
Secretary.
MINISTRY OF FINANCE
MINISTRY OF INDUSTRIES AND LABOUR
MINISTRY OF PUBLIC EDUCATION AND SOCIAL SECURITY
MINISTRY OF THE INTERIOR
MINISTRY OF PUBLIC HEALTH
Montevideo, November 23, 1961.
CA-Mplase, acorsese recibo, comunAquese, publáquese e insatirtese en el Registro Nacional de Leitos y Decretos.
For the Council:
HAEDO.
JUAN EDUARDO AZZINI.
ANGEL M. GIANOLA.
EDUARDO A. PONS.
NICOLAS STORACE ARROSA.
APARICIO MENDEZ.
Manuel SA ¡ nchez Morales,
Secretary.
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 Montevideo, April 1998. Legislative Power. |
