Key Benefits:
ArtAculoA 1Aº. -A Protected Production Workshops are considered to be those institutions or non-profit organizations that have legal status and produce goods or services, with the objective of train and train people with disabilities (artAculoA 2Aº de la Law No. 18,651, of 19 February 2010) under special conditions, which is not, in a transitional or permanent form, in a situation of integration into the open labour market. Such entities should also have the approval of the National Honorary Disability Commission.
In all cases, you may participate regularly in market operations, involving goods or providing services to the onerous title provided that the profits obtained are not distributed, and you should reinvest in the entity.
ArtAculoA 2Aº. -A The structure, organization, and management of the Protected Production Workshops may be similar to those adopted by the companies that act in the general scheme, without prejudice to their particular characteristics. characteristics and the goal that they are called to fulfill.
It is understood as essential among its objectives to ensure a paid employment, the provision of labor and social adaptation services that its workers require, while serving as a means of integration of the greatest number of workers with disabilities to the conventional work scheme.
ArtAculoA 3Aº. -A To access the incentives and benefits provided by this law, the Protected Production Workshops should be registered in the national registry of institutions that serve people with disability, created in the Ministry of Labour and Social Security.
In order for the registration to take place, the aforementioned workshops should justify their economic viability, in the medium and long term, taking into account the fulfillment of their ends by means of a financial economic study prepared by counter (p) This report should be presented every three years before the national register and the National Honorary Commission for Disability, in order to justify its economic viability.
ArtAculoA 4Aº. -A occupational therapy services and occupational enablement workshops referred to in the literalA (D) of the article 37 of the Act No. 18,651, dated February 19, 2010, and the Occupational Enabling Workshops referred to by the artAculoA 42 of the above law, will not be considered Protected Production Workshops.
Without prejudice to the provisions of the first paragraph of this Article, the Occupational Enabling Workshops shall be entered in the national register of institutions referred to in Article 3Aº of this Law.
ArtAculoA 5Aº. -It is up to the Ministry of Labour and Social Security to promote, within the framework of their competencies and through the study of sectoral needs, the creation and the implementation of Protected Product, providing technical assistance for the purpose of optimizing its operation.
It will also be more expensive to monitor, on a regular and rigorous basis, that people with disabilities are employed in appropriate working conditions.
ArtAculoA 6Aº. -A Protected Production Workshops should have the largest number of workers with disabilities that enable the nature of the production process.
The disability will be credited, in general, according to the criteria set in the Law No 18,651of 19 February 2010, and in particular, as set out in the literature A) of the artAculoA 38 of that law.
It will be established that the minimum number of persons with disabilities, in any case, of 75% (seventy-five per cent) of the whole workforce, does not include the staff dedicated exclusively to the work of the workforce. labor and social adaptation required by workers.
It will be understood by services of labor and social adaptation those of rehabilitation, the terapeutics, the social integration, the cultural and the sports that seek to the worker with disability of the Workshops of the Protected Production greater personal rehabilitation and better adaptation in your social relationship.
The Protected Production Workshops will inform the Ministry of Labor and Social Security, periodically and in the way it establishes the regulations, the ups and downs of the disabled workers they occupy.
ArtAculoA 7Aº. -A people with disabilities who perform tasks within the framework of a training process or participate in activities for the exclusive purpose of social integration, will not be considered to be effects of the percentages set out in Article 6Aº of this Law and shall not in principle be paid in any salary.
In all cases should you be covered by the work accident insurance set by the Law No 16,074of 10 October 1989.
ArtAculo 8Aº. -A Protected Production Workshops will have the same tax benefits as those set for social cooperatives. Such benefits shall be exclusively for the activities governed by this law and shall be subject to the validity of the registration referred to in Article 3Aº, without prejudice to the compliance of the other requirements laid down by this law and the respective regulations, which shall be issued within a period of not more than one hundred and eighty days.
The collecting agencies may revoke such benefits at any time, when any failure to comply with any of the requirements of this law or any other application to the provisions in force is established.
ArtAculoA 9Aº. -A In competitive procurement procedures for procurement of goods and services provided by public administrations, preference will be given to that produced by the Workshops Protected Product in equivalent form as the one set by artAculoA 499 from Law No 15,903of 10 November 1987, in the wording given by ArcuculoA 459 of the Law No 16170of 28 December 1990 and Article 41 of the Law No 18,362,6 October 2008, for goods and services that qualify as nationals.
The criteria of preference may be qualitative, quantitative or mixed and should be established with all precision in the particular specification of conditions.
ArtAculo 10. -A Incorpase to the numeral 3) of the artAculoA 482 of the Law No 15,903of 10 November 1987, the following literal:
| " X) | To acquire goods or to contract services whose production or supply is in charge of a Protected Production Workshop, duly accredited to the Ministry of Labour and Social Security, up to the amount set for the abbreviated tender ". |
ArtAculoA 11. -A For the purposes of numeral 5) of item 46 of the State Financial Accounting and Management (TOCAF) Ordered Text (TOCAF) will be considered to be the Protected Production Workshops that comply with the requirements set out in this law, such as companies with proven solvency and liability.
ArtAculoA 12. -A Ministry of Labour and Social Security shall communicate to the authorising officers of expenditure referred to in (a), (C), (D), (E), (F) and (G) of Article 27 and in Article 28 of the Accounting and Financial Management of the State (TOCAF), the only Protected Production Workshops presented to it in accordance with the provisions of the article 3Aº of this Law, as well as the rotation of its activities to the the effects of the provisions of Article 48 of the TOCAF, as well as other rules of purpose similar.
ArtAculoA 13. -A For the purposes of the special employment relationship established by this law are considered workers with disabilities, persons having a disability higher than 33% (thirty-three percent). (a) and as a result a decrease in their capacity of work, at least equal to or greater than that percentage, provide their services within the organization of the Protected Production Workshops defined in the present law.
For these purposes, the disability should be duly certified as provided for in this law.
ArtAculoA 14. -A Protected Production Workshops may request the National Honorary Disability Commission to list persons with disabilities registered in the Register of Disabled Persons (artAculoA 768) from the Act No. 16,736, dated January 5, 1996), covering the staff profile that the Workshop is demanding.
In any case, the call will describe in detail the jobs to be covered, the technical characteristics of the same and the personal and/or professional circumstances that the workers must meet.
A A A A A Sala de Sessions de la CA ¡ mara de RepRepresentatives, in Montevideo, 16 October 2013.
CA-Mplase, acorsese recibo, comunAquese, publáquese e inséltese en el Registro Nacional de Leidos y Decretos, la Ley por la que se crean los Tallères de Producción Protégida.
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 Montevideo, Uruguay. Legislative Power. |
