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Insurance Accidents Work And Occupational Diseases. Mandatory.

Original Language Title: Seguro Accidentes Trabajo Y Enfermedades Profesionales. Obligatoriedad.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 17 Jan/990-NAº 23029

Act NAº 16,074

OCCUPATIONAL ACCIDENT INSURANCE AND
PROFESSIONALS

MANDATORY DECLARATION THE SAME

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


CHAPTER I

General Principles

ArtAculo 1Aº.-The insurance on occupational accidents and occupational diseases provided in this law is mandatory.

ArtAculo 2Aº.-Every employer is civilly responsible for occupational accidents or diseases that occur to their workers and employees because of the work or time of work, in the form and conditions that determine the following items.

ArtAculo 3Aº.-For the purposes of this law, every person, of a public, private or mixed nature, who uses the work of another person, shall be responsible for the purposes of this law. the one who runs a regular or casual, paid job, and in subordinate.

No workers or employees are considered to be engaged in any sporting activity or as actors in the field of art, without prejudice to the special insurance to be employed.

ArtAculo 4Aº.-This law will be applicable in addition:

) Apprentices and staff to be tested, with or without remuneration;

b) To those who work in their own home address for third parties;

c) To the serene, vargers, jockeys, pawns, foremen and caretakers engaged in the hipudos and studs.

The institutions that exploit the hippodromes when the accidents occur within them will be considered employers.

ArtAculo 5Aº.-The State, Departmental Governments, Autónomos Autónomos y demA ¡ s Organisas PAºblicos, are obliged to ensure in the State Insurance Bank, to all its staff, whatever type of task perform. This obligation is still maintained when different types of regulations grant you the right to pay while you do not return to work.

The insured staff will receive during the period of temporary incapacity assistance and as long as it lasts, the compensation fixed by this law; and directly from the agencies mentioned, the difference of remuneration that may be correspond to the laws or regulations to which they are subject.

ArtAculo 6Aº.-Every person who is from his usual activity occasionally uses the services of another, is not included in this law.

ArtAculo 7Aº.-The persons covered by this law, and where applicable, their right-holders, shall not have any rights as a result of accidents of work and occupational diseases, to which this law agrees, unless it has been mediated by the employer or the gross fault in the non-compliance with the rules on security and prevention. In this case, the Bank may apply the appropriate penalties (insurance cover, recovery of expenses and fines).

Credited by the employer for the existence of the compulsory insurance established by this law, the action should be directed directly against the State Insurance Bank, the insured employer being exempted from all responsibility and being Therefore, the provisions of the law shall apply. All without prejudice to the exception set out in the preceding paragraph.

ArtAculo 8Aº.-The State Insurance Bank shall provide medical assistance and pay compensation to all workers and employees covered by this law, regardless of whether they are Employers have either fulfilled or not with the obligation to secure them. This shall be without prejudice to the penalties and recovery to which it has taken place.

The compensation to be paid by the Bank to insured persons dependent on uninsured employers shall be calculated on the basis of a national minimum wage.

To those public servants who are dependent on Organisms who are not in the payment of premiums or have not insured their officials, they will be provided with medical assistance.

The State Insurance Bank must in all cases require the non-insured employer, the capital required for the income service and the reimbursement of the corresponding expenses, in accordance with the procedure laid down in the href="areuelveref.aspx?LAW, 16074/Art36/HTM"> artAculo 36.

The corresponding and paid capital shall be incurred by the employer, or agreed with the Insurance Bank of the State by a payment method, the corresponding reliquities shall be carried out.

ArtAculo 9Aº.-The victims and, where applicable, the causeholders, maintain the right to compensation even if the accident occurred through minor or severe fault on the part of them, or by chance or force majeure, but they lose it in the case of having caused it dolously.

It also loses the sinister every right to compensation, when it intentionally aggravates the injuries, or refuses to assist or prolong the period of its healing.

ArtAculo 10.-The injured worker by accident at work or affected by occupational disease must be obliged to the assistance provided to him by the State Insurance Bank, unless the In particular, with prior authorization from the Bank, in which case you maintain the right to control your evolution.

The Bank will also be able to require hospital admission of the accidents or victims of occupational diseases for the purpose of assessing their permanent incapacity or the aggravation or attenuation thereof, and should compensate for the loss of wages that can be derived from such an intervention.

During the assistance period, the worker will not be able to perform paid tasks without the prior authorization of the State Insurance Bank. In case that authorization is granted, the worker will lose the right to the daily compensation established by the artAculo 19 for all the time it takes for such remunerated tasks.

The failure to comply with the obligations that this article puts in charge of the worker, will give the State Insurance Bank the right to have the suspension or the cessation of the payment of the daily compensation or rent, without prejudice to the legal action that corresponds.

ArtAculo 11.-The assistance of the disaster, which will be provided in the country according to its technical advances, includes the medical, dental and pharmacological expenses, as well as the supply of equipment. orthopaedic, normal renovation of the necessary accessories to ensure the success of the treatment or relief from the consequences of the injuries.

Also included are the costs of transport of the site of the disaster to the assistance and if necessary, from the place to the address and vice versa, and those of sepelium. In this case, the amount of six national minimum wages will not be exceeded.

ArtAculo 12.-As soon as it exceeds the compensation provided by this law to the Insurance Bank of the State or the non-insured employer, corresponding to the incapacity for work suffered, the worker, or their successors, they retain the right to claim against the third parties causing the damages arising from the event, according to the provisions of the Civil Code, as the part of compensation not covered by the Bank of Insurance of the Status.

It is understood by third, all persons, except the employer and its employees and workers.

The indemnification of the incapacity of work that is obtained from third parties, pursuant to the provisions of this article, shall exonerate the employer of his obligation up to the sum equivalent to those damages.

This compensation will be served by the State Insurance Bank in the form foreseen in the articles 25 et seq. of this law, by means of the corresponding capital to serve it.

The State Insurance Bank shall be subrogated to the rights of the vActima or its successors in title with reference to the indemnified incapacity for work and ancillary expenses.

ArtAculo 13.-This law is of a public order. Any contract, agreement or waiver intended to free the employer from the obligations and responsibilities which it imposes or which is derogating from its provisions; it is absolutely void.

ArtAculo 14.-It shall not be considered an accident of work that is suffered by a worker or employee on the way to or from the place of performance, unless one of the following circumstances is considered:

) that is fulfilling a specific task ordered by the patron;

b) that you had taken charge of the worker's transport;

c) that the access to the facility offers special risks.

ArtAculo 15.-When the worker or employee works at his or her home or abroad, for several employers, for the purposes of determining the basic salary for the settlement of compensation or income, it shall be taken into account all the revenue they obtain for that concept.

This rule will also apply in case you perform more than one activity for the same employer.

ArtAculo 16.-Compensation rents for occupational accidents and occupational diseases will be paid monthly. All the indemnities fixed by this law shall be incedible, inembargable and unrenountable.

However, the permanent disability income that the accident receives from the State Insurance Bank may serve as a guarantee for official banking institutions, in the same way as the salaries or pensions of the public officials.

The Insurance Bank of the State may withhold, expressly authorized by the affiliate, from each income it serves, the amount of the social share of the association with a legal person representing the rentiers and the lifetime pensioners of the Bank.

ArtAculo 17.-The indemnities established by this law shall be determined in accordance with the actual remuneration that the worker receives, which shall never be considered to be less than the national minimum wage.

ArtAculo 18.-The salaries that serve as the basis for the compensation will not have a maximum limit, except where it was appropriate to fix the Executive Power for reasons of general interest, prior to the report of the Bank of State insurance. In this latter case, that lAmite may never be less than 15 national minimum wages.

CHAPTER II

From Temporary Compensation

ArtAculo 19.-Temporary compensation for work accidents, corresponding to this law, shall be governed by the following provisions:

I) The sinister will have the right to a daily compensation calculated on the 2/3 parts of the monthly wage or salary was paid at the time of the accident. The allowances will be daily and will be paid to those corresponding to the public holidays;

II) Yes The vActima works irregularly or in a row, the daily compensation will be equal to the 2/3 parts of the daily wage that results from dividing by one hundred and fifty the semi-annual salary;

III) For workers who perform "zafra" tasks, the hump's circle will result from the updated average of what was perceived during and out of the zafra, in the form set in the artAculo 29 of Capaculo III of this law;

IV) In the case of rural workers shall be taken into account for the purposes of the minimum compensation payments, the wages set out in the relevant rules;

V) The crashed will perceive the Temporary compensation set before, from the fourth day of absence caused by the accident.

ArtAculo 20.-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 or in the case of a holiday, that the substances or articles handled are of a certain class, the temporary incapacity for work caused by accidents at work or occupational diseases shall be settled on the basis of the salary the average of the total amount of wages being divided by 50% won by the vActima during the previous six.

ArtAculo 21.-If in the case provided for in the previous article when the temporary incapacity occurred, no more than six months have passed since the worker or employee started working for the employer, or if, for any reason, it would not be possible to determine the basic salary in the form arranged, it would be taken as a basis for settling the temporary compensation, the average salary earned during the expressed period by similar workers in the same establishment or, failing that, in any establishment or related activity.

ArtAculo 22.-It is considered as salary or salary, all income that in regular and permanent form, be in money (including tips) or in kind, susceptible of pecuniary expression, the worker in relation to dependency.

ArtAculo 23.-The salary or remuneration that will serve as the basis for the temporary compensation limit set in the artAculo 19 of this law, will be updated as a minimum every four months, according to the average salary of the General Directorate of Statistics and Census, corresponding to the month before the accident occurred. and the month before the date the update corresponds.

ArtAculo 24.-The compensation for temporary incapacity ceases at the time of the complete cure or consolidation of the injury. In this last case, if there is permanent incapacity for compensation, the amount of the rent will be immediately established.

CHAPTER III

Of The Rents for Permanent Inabilities

ArtAculo 25.-

I. The permanent incapacity will not give place to compensation if the reduction of the professional capacity does not reach 10% (10%). However, the worker who has been the victim of successive accidents at work or occupational diseases shall have the right to compensation even for those who have caused him a permanent incapacity of less than that percentage, that the reduction of their capacity of work originated by the various labor misfortunes suffered, reach globally to that mAnimo and from that moment. The compensation for each accident or occupational disease will be settled separately on the basis of the salary the vActima earned from suffering.

II. In the event of accidents or occupational diseases resulting in permanent incapacity equal to or greater than 10% (ten per cent), and not more than 20% (twenty per cent) to Request of the vActima and prior conformity of the State Insurance Bank, the disaster As compensation a single payment equivalent to thirty-six times the monthly reduction that the incapacity has, originated in salary or salary. The State Insurance Bank will have to take into account to give its conformity, the type of injury and the possibility existing on the evolution of the incapacity that will lead to it to surpass in the future the cited percentage of 20% (twenty percent). If the above quotes are not given for the Bank's worker and compliance request, it will be in the same form as set out in the numeral III of this article.

III. In the case of permanent disabilities exceeding 20% (twenty percent), an income equal to the reduction will be paid that the incapacity has made to suffer the salary or salary. In case the incapacitated by the entity of his or her injuries could not survive without the permanent help of other persons the income will be raised to 115% (one hundred and fifteen percent) of the salary or salary.

IV. In case a disaster has perceived the sum set in the numeral II, and has a new disability (or an aggravation of the previous one), which, together with the initial one, will exceed 20% (20%), next form:

a) If three years or more have elapsed since the date the right was generated the compensation, settled in accordance with the provisions of the numeral II, shall be entitled to the right to the collection of income for all disabilities, in the form set out in the number III, from the date of discharge of the accident at work or professional illness that originated the last inability;

b) If this three-year period had not passed, the new disability (or increase in the inability), in the form set in the number III.

  At the end of the three-year period, the initial incapacity will be the same.

V. In exceptional circumstances, when it is judged that capital will be used in a particularly advantageous way to the physical integrity of the worker, according to technical reports ending in establishing a safeguard of life or improvement of the incapacity, at the request of the beneficiary, the State Insurance Bank may cancel up to 50% (50%) of the income, paying the actuarial equivalent of the payments

  Such resolution will require five compliant votes from the Directory.

ArtAculo 26.-The rent should be calculated on the basis of the annual remuneration that the accident victim would have received at the salary or salary bill, which will be multiplied by twenty-four times the average of the Average fortnightly salary earned in the last semester before the accident, provided that you have worked at least one hundred and fifty days during that semester.

If you have not reached a hundred and fifty days in the previous semester, the criterion set in the following article will apply.

ArtAculo 27.-If the vActima has not had an occupation in the establishment for six months prior to the accident of the job or the date of abandonment in case of occupational disease, under the conditions indicated in the previous article, the annual salary shall be determined by multiplying by 24 the ratio resulting from dividing the total sum earned in the fortnightly worked in the last six months by the number of fortnightly has remained in the establishment, during that period.

If the vActima has entered the establishment in the fortnight in which the accident of work occurred or the date of abandonment in case of occupational disease, it will be taken as the basis for calculating the compensation, the average wage of the workers the like of the establishment, and if not the like, of related establishments.

ArtAculo 28.-If the disaster worker is to work, the annual salary will be increased by three hundred the average daily wage in the last quarter before the accident or date of abandonment in case of occupational disease.

In the event that this determination is impossible, it will be taken as the basis of the salary of the similar workers of the establishment, and if not the like, of related establishments.

ArtAculo 29.-For zafra jobs, the annual salary cap will be made by multiplying the number of fortnightly fortnightly for the half-yearly salary corresponding to that period and Adding the product of the number of fortnightly to twenty-four for the average weekly salary earned by the workers of their category out of the time of zafra. This rule shall apply to whether the accident or abandonment in the case of occupational disease occurred during the period of the harvest, as if it were during the rest of the year.

The resulting amount will be updated according to the Wages of the General Directorate of Statistics and Censuses corresponding to the month of the accident or abandonment in case of occupational disease and six months before.

ArtAculo 30.-Apprentices and workers under 21 years of age who are not remunerated or who are less than the other ordinary workers shall be entitled in the event of incapacity. permanent, to an indemnity that will be calculated on the basis of the product of the multiplication by three hundred of the daily salary mA ¡ s under ordinary workers, employees in the same establishment or the logos, and in the same location.

By ordinary worker, it is understood that, without constituting a specialty in your field, you enjoy the fullness of your professional skills.

ArtAculo 31.-For the purposes of determining the amounts considered in this Chapter, the provisions of the articles 19 to 23 inclusive.

ArtAculo 32.-The disaster recipient who receives permanent disability income must provide the State Insurance Bank in writing with the information requested by the State Insurance Bank about the paid work or activity to which it is dedicates, money from it, wages that he perceives and the name of his employer, being able the Bank to suspend the payment of the income until the worker does not provide it with that information.

If false facts are recorded in it and you have measured it on the part of the worker in the adulteration of the data supplied, the Bank may decree the definitive cessation of the income, without prejudice to the corresponding criminal complaint.

When the income is served by another Body, you will have the same faculty.

ArtAculo 33.-If the persons covered by this law are located in another paAs, without designating a proxy in form, the payment of the rent will be suspended. This payment will be reinitiated, in conjunction with the arrears, when the latter propose another form of recovery of the aforementioned obligations accepted by the State Insurance Bank.

If there are social benefit agreements with some paAs, they will be set to the same.

However, 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 who then came home to Uruguay, will be entitled to receive income according to what is established in the articles 46 and 47 of this law, only as of the date of their radicalization in the paAs and for the duration of their stay in the same.

ArtAculo 34.-The annual salary that serves as the basis for the cA of the indemnities set in the article 25, will be updated only once according to the average salary of the General Directorate of Statistics and Censuses corresponding to the month before the accident occurred or the disease was diagnosed. professional and the month before the start date of the rent.

ArtAculo 35.-The Insurance Bank of the State will adjust as a minimum once a year to the income that serves for permanent incapacity or death, in the cases of accidents of work or occupational diseases. This adjustment will be made in the exclusive function of the average wage index established by the General Directorate of Statistics and Censuses.

In case of annual adjustment, the same shall be made in the month of January of each year and for the purposes of the calculation shall be considered to be the twelve-month period ending in the month of September prior to the adjustment.

For the income to be used in the course of the year, it shall be considered for the purposes of its adjustment, the Indices corresponding to the month of September preceding the adjustment and four months before the month in which the income was initiated.

In case of adjustment in less time than the year, or in a similar manner. For the purposes of the calculation in this case, the index shall be considered for four months before the date of the previous adjustment and four months before the date of the new adjustment.

The income that the Social Fund will serve for permanent incapacity or death for rural workers will be adjusted in the same way, according to the Indices applied by the State Insurance Bank.

ArtAculo 36.-In the case of income corresponding to workers whose employers are not insured at the date of accidents or occupational diseases, such employers should constitute at the Bank of State insurance the capital of the income that is originated, the one that will be established in the form that follows.

The sum necessary to serve the income will be taken as a basis, evaluated at the start date of the same, calculated according to the tables of the State Insurance Bank, which will be readjusted by the artAculo 57 of this law.

ArtAculo 37.-The annual income for permanent disability or death is in full compliance with the pensions or pensions served by the Social Protection Agencies.

CHAPTER IV

From occupational diseases

ArtAculo 38.-Professional disease is considered to be caused by fAsic, quAmic, or biological agents, used or manipulated during the work activity or present in the workplace.

ArtAculo 39.-For a disease to be considered professional it is indispensable that it has had its origin in the works that enter the respective risk, even when the patients do not stay in the field of the Diagnosis.

ArtAculo 40.-The occupational diseases compensated are those listed by Decree 167/981 of 8 April 1981.

ArtAculo 41.-The worker or in his case the employer may prove to the State Insurance Bank the professional character of a disease that was not accepted as such, being in the resolution that the with respect to that body.

ArtAculo 42.-The inclusion of new occupational diseases or declaration of such diseases, outside of those that are accepted in compliance with the international conventions subscribed by the paAs, as the interpretation and application of its listing, will be made by the State Insurance Bank, giving account to the Executive Branch.

ArtAculo 43.-Mandatory the preventive tests according to the occupational risk: the clinical pre-occupational and the specific paraclAnics, the experts for those already admitted to the job, Any other that determines the Executive Branch by means of regulation of the laws on the prevention of occupational diseases.

The employer who does not require the worker to comply with the tests referred to in this article will take responsibility for the risk.

If the worker refuses to submit to the above, he or she will be suspended at work until he or she disists from that attitude.

ArtAculo 44.-Temporary compensation for occupational diseases will be settled as set out in the Capaculo II of this Law, except as regards the daily compensation to be calculated on the basis of the entire monthly salary or salary that the disaster is receiving at the time of diagnosis of the accident. disease and from the day after the abandonment of their tasks.

ArtAculo 45.-The income from permanent disabilities caused by occupational diseases will be settled in the form set in the Capaculo III of this Law. As long as the State does not function schools of professional education and the rights and obligations of the graduates are regulated, the concept of total and permanent incapacity will be established in direct function of the trade or work performed by the beneficiary, regardless of their chances of readability to exercise another job.

CHAPTER V

From right-holders

ArtAculo 46.-In the event of an accident or occupational disease that has resulted in the death of the disaster, his or her right-holders shall have the right to an income, in accordance with the following rules:

) A lifetime income equal to 50% (fifty percent) of the annual salary or remuneration for the surviving cennyuge not divorced or separated in fact, on condition that the marriage was held prior to the date on which the claim occurred, or that the one held subsequently has a duration of more than one year. Equal lifetime income shall correspond to the casualty or concubine of the disaster who proves to be life in common for a period of more than one year, to the date of death.


  In the event that the only person entitled to receive income on a permanent basis is the survivor or surviving concubine, the percentage shall be raised to the two thirds of the annual salary or remuneration.

b) An income to be determined in accordance with the following provisions, for children under eighteen years of age and up to that age; and greater than eighteen disabled people living at the expense of the worker whatever the link I swear that you will unite them, provided it is justified this fact still summarily.


  No such justification shall be necessary when the minors or the disabled are the legal or natural children of the deceased worker, as well as other descendants or collaterals of up to the fourth grade who have lived in the same dwelling place. For the purposes of crediting the quality of the right-holder, the relevant civil status items shall be presented and the corresponding administrative testimonial information shall be performed.

c) The rent, if the children or unable to compete with the surviving cönnyuge or concubine, will be 20% (twenty percent) of the annual salary if there is no more than one; 35% (thirty-five per cent) if there are two; 45% (forty-five per cent) percent) if there are three and 55% (fifty-five percent) if there are four or more.

d) If there is no The income of the child or the child shall not be raised to 50% (fifty per cent) of the annual salary for each of them, with the limit set in the following article.


  If the beneficiaries referred to in the literal are not present, they shall have the right to rent the ancestors of the disaster, provided that they live at their expense. The same shall be equal to 20% (20%) of the annual salary for each of them, with the limit set in the following article.

ArtAculo 47.-The annual income, which is agreed according to the article above to the persons mentioned above, will not be in any case exceeding 100% (one hundred percent) of the annual salary, within the maximum limit fixed with a general character. If the amounts of the income exceed that percentage each shall be reduced proportionately.

CHAPTER VI

Procedures

ArtAculo 48.-In the case of work accidents involving workers or employees insured at the State Insurance Bank or having knowledge of occupational diseases, employers should take account of the At the same time, at its headquarters or in branches or agencies of the Interior within the seventy-two hours of the event taking place in Montevideo and within five days of the day, by means of a strong means, in the case of the other departments.

In case the employers, without justified cause, do not make the complaint in the specified terms, they will incur a fine equivalent to 50 UR (fifty Readjustable Units) and 100 UR (one hundred Readjustable Units) in case of recidivism.

ArtAculo 49.-The worker or employee of the accident or its representatives may also report it to the Bank, Branches or Agencies, within the period of fifteen continuous days.

ArtAculo 50.-The complaint must indicate the name and address of the employer, the place where the establishment is situated, the day and time at which the accident occurred, its nature, the circumstances in which the event occurred. has produced, daily wage, age and marital status of the vActima and the name and address of the witnesses.

ArtAculo 51.-The complaint is received, if the Bank understands that it must not accept it or have doubts about the carA of the accident, must submit within the period of twenty days, written exhibition before the Inspection General of Work and Social Security, basing its position. From this display you should notice the employer, the worker or his right-holders.

For accidents occurring outside the department of Montevideo, the deadline will be thirty days.

The State Insurance Bank will be pronounced within the term of ninety days. The resolution of the Bank should be communicated to the employer and the General Labour and Social Security Inspectorate within the following ten days. If there is an opposition from any of these, the General Labour and Social Security Inspectorate should forward the background to the appropriate court.

ArtAculo 52.-If the Bank does not present display within the terms expressed, it will be understood to accept the complaint. In this case, the parties to the agreement shall be settled, the compensation shall be paid to the corresponding minutes.

ArtAculo 53.-In all cases, the General Counsel of the General Labour and Social Security Inspectorate or the Departmental Legal Prosecutors, as the case may be, may request from the Bank the judge necessary and control the determination and compliance of the indemnities.

ArtAculo 54.-The disaster or the Bank may request the revisiting of the permanent income that is served, provided that a year has elapsed from its prior notice or review.

ArtAculo 55.-Any controversy arising from the fixing of the salary or the income, increase or decrease of the capacity or any other one raised by application of this law shall be judicially resolved The current procedure in the field of employment.

The General Labour and Social Security Inspectorate will advise the Court on the relevant.

Without prejudice to the legal limit established when the dispute radiating in the degree of permanent incapacity to award the survivor, with no prior to the judicial decision, the State Insurance Bank shall pay an income to the The degree of incapacity to be determined by the majority of the General Court consists of three members: two appointed by the State Insurance Bank and the other by the disaster.

This Court, which will function at the State Insurance Bank, will receive the background on which it will be issued within a maximum of thirty days.

In the Anterin the Bank will serve the income corresponding to the degree of incapacity awarded for its technical services.

CHAPTER VII

Provisions to guarantee the payment of compensation

ArtAculo 56.-The employer who did not comply with the obligation to secure its staff established in the article 1Aº of this law, without prejudice to the liability of the State Insurance Bank, may be sanctioned with a fine that will impose the Bank, equal to double the insurance premiums that it has omitted the first time and the number of such quantity for the following omissions. This fine, as a minimum, will be equal to the amount of 50 UR (fifty Readjustable Units) the first time, and 200 UR (two hundred Readjustable Units) in each recidivism.

Without prejudice to the judicial notice of payment of a corresponding fine, in the case of industrial or commercial establishments, the Bank is empowered to request its closure to the Executive Branch, through the Ministry of Labor and Security. Social, until it is credited that you have complied with the obligation to insure.

It will be considered as uninsured those employers to whom the Bank decrees the expiration of the price for not having abandoned its prize in time and form.

ArtAculo 57.-The liquidations that the State Insurance Bank practices for capital necessary for income services, temporary compensation, medical expenses, payment premiums, and additional payments, Fines and any other credit against the employer generated by the application of this law shall constitute executive title according to what is established in the decree-law 14,500, dated March 8, 1976.

The credits of the vActima or the right-holders against uninsured employers, will enjoy the privilege of the .

ArtAculo 58.-The employers should display all documentation required for the purposes of determining the paid wages and any other related aspects of this law. If not, the Bank may require the assistance of the public force, without prejudice to the liquidations of its own office.

The employer who formulates false statements to the detriment of the Bank or the Skilled Worker, incurs the crime of "ideologic falsification for particular" typified in the article 239 of the Criminal Code.

ArtAculo 59.-Notwithstanding the right of the sinister or his successors in title to seek their own defense, the General Inspectorate of Labor and Social Security will advise them and provide the defense that require to appear before the State Insurance Bank or in judgment.

In the interior of the paAs and as long as officials are not appointed especially in charge of the same advice, the defense of the worker who will require him to be in charge of the Letted Prosecutors.

ArtAculo 60.-On the assets, rights and actions of the employers who have not complied with the obligation to ensure that precautionary measures are taken at the request of the Bank, the disaster or its causahabitants. The Judge may decree the precautionary measures without any limit, without the precautionary measure of caution in the number 5Aº of the Article 313 of the General Code of the Process and the constancy of The amount of the debt shall be replaced by an estimate of the debt made by the State Insurance Bank.

ArtAculo 61.-It will be necessary to display the documentation showing compliance with this law to import, export, intervene in public tenders, reform of statutes, settlement or Total or partial dissolution of commercial or industrial establishments and distribution of profits or dividends.

ArtAculo 62.-Without prejudice to those set forth in the previous article, the State Insurance Bank should refer to the institutions of credit, public or private, to the persons and companies of the companies in the compliance with this law, for the purposes of the granting of the loan to the regularisation of the situation of non-compliance. The General Tax Directorate and the Social Protection Bank will put the State Insurance Bank, the information of its taxpayer records for a complete survey of commercial and industrial activities.

CHAPTER VIII

General Provisions

ArtAculo 63.-The methods, the Ministry of Health and the Ministry of Health, are required to inform the judicial or administrative authorities and the State Insurance Bank about all issues related to this law, in which they have participated.

ArtAculo 64.-The inspectors of the State Insurance Bank, the General Inspectorate of Labor and Social Security, and the officials appointed by the Executive Branch, will have free entry, with the exception of the home to all workplaces, to ensure compliance with the provisions on prevention of accidents and occupational diseases, having the power to require the assistance of public power for these purposes.

ArtAculo 65.-Will be competent to enter the expected executive actions in the artAculo 57 and other disputes arising out of the application of this law, the Judges of First Instance of the Work or the Judge Letting of First Instance in the departments where they do not, who may require the means of proof they deem necessary.

ArtAculo 66.-The actions for the collection of insurance premiums corresponding to this law for the purpose of constituting capital necessary for the service of income, and other obligations to be borne by the employers or the Bank, (a) to be prescribed by ten years from the date on which the obligations became due, whether they are deducted by the Bank or by the Worker, according to the case.

The interest of any administrative or jurisdictional resource shall suspend the course of the prescription up to the final decision or enforceable judgment.

ArtAculo 67.-The State Insurance Bank will set the Insurance premiums for Occupational Accidents and Occupational Diseases, which should be reviewed, at least once every two years. The first may vary in function of the hazard of the risk for the various work activities and even for the various establishments within each activity, but in no case the premium applied to an establishment can be more Four times the average of the premiums of similar establishments. In order to measure the danger of risk, the results of insurance in the past shall be primarily taken into account. In addition, the measures of prevention adopted in accidents of work or occupational diseases, the possibilities of catastrophic disasters and all other information that are 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 in turn determine the constitution of the mathematical reserve, resulting in the principles of the method of (a) the distribution of social security contributions. The technical reserves originated by the Insurance of Accidents of Work and Professional Diseases may be invested according to the provisions of the OrgA Charter of the State Insurance Bank, in order to ensure adequate profitability. to the maintenance of the values.

The net profit of the Occupational Accident Insurance and Professional Disease insurance will not be greater than 10% (ten percent) of the total premiums collected in this Portfolio by the State Insurance Bank. For the purposes of this benefit, the following shall be taken into consideration:

- Temporary disability compensation;

- The reservations mathemA;

- Income for permanent disability or death;

- The amounts to pay for rent update;

- The erogations derived from the assistance presting;

- The provision for reservations Non-run claims and risks;

- Reservations for delinquent;

- The emergency and catA reservations


- Expenses administrative and tax; and

- A departure of up to 1% (one percent) of the aA awards This is intended for the prevention of occupational accidents and occupational diseases, which will be included in the Bank's Operational Budget.

The State Insurance Bank may deduct from the net profit of each exercise that exceeds 10% (ten percent) of the premiums received, the updated loss suffered in the same Insurance Portfolio in previous years. This compensation may be operated up to the fifth year following the one in which the loss occurred.

ArtAculo 68.-If you do not proceed in the form provided for in the previous article, a profit greater than 10% (ten percent) of those premiums will be obtained in the annual balance sheet, with the surplus the Bank will constitute a special fund called the "Fund to Promote the Rehabilitation of Workers Disabled by Accidents of Work and Professional Diseases". This Fund may be used for the purposes indicated in its name as being:

) Subvening public or private institutions that encourage rehabilitation of disabled workers by work accidents or occupational diseases.

b) Institutional grants for the study of the disabled disabled.

c) Financing courses, dissemination material, and advertising campaigns on rehabilitation.

ArtAculo 69.-The worker, vActima of an accident at work or a professional illness, if he so requests, should be readmitted in the same position that he occupied, once his recovery has been proven. If the worker is left with a partial permanent incapacity, he or she will have the right to request his reinstatement to the position he occupied, if he is in a position to perform it, or to any other compatible with his limited capacity.

Readmitted the worker, you cannot be fired until at least one hundred and eighty days have elapsed from your re-entry, except that the employer justifies notorious misconduct or serious supervinent cause.

The worker should present himself to the company to perform his tasks within the fifteen days of having been discharged. If the company does not readmit it within the fifteen days following its submission, it shall have the right to compensation for dismissal equivalent to three times as established by the applicable labour laws.

ArtAculo 70.-The time not worked for work accident or occupational disease cannot be imputed to the license.

ArtAculo 71.-The rents currently served by the Bank by death or by permanent disabilities equal to or greater than 60% (sixty percent) ( artAculo 25), shall be readjusted to the date of validity of this law, taking as a national minimum base salary in all cases where the income received is less than that which corresponds to that salary mAnimo.

No permanent disability income that has been granted and served prior to this law may be less than 15% (fifteen percent) of the national minimum wage.

The aforementioned adjustments will be made as soon as the Bank's financial availabilities allow it, but in any case no longer than the time limit of an aA ± or counted from the time of the present law.

ArtAculo 72.-Derive the laws 10.004, dated February 28, 1941, and 12.949 of 23 November 1961, as well as all provisions which are contrary to this law.

ArtAculo 73.-This law will begin to apply to the ninety days published in the "Official Journal".

ArtAculo 74.-Community, etc.

Chamber of Sessions of the CA of Representatives, in Montevideo, on October 2, 1989.

LUIS A. IRON LOPEZ,
President.
Há©ctor S. Clavijo,
Secretary.

MINISTRY OF LABOR AND SOCIAL SECURITY
 MINISTRY OF THE INTERIOR
  MINISTRY OF FOREIGN AFFAIRS
   MINISTRY OF ECONOMY AND FINANCE
    MINISTRY OF NATIONAL DEFENCE
     MINISTRY OF EDUCATION AND CULTURE
      MINISTRY OF TRANSPORT AND PUBLIC WORKS
       MINISTRY OF INDUSTRY AND ENERGY
        MINISTRY OF PUBLIC HEALTH
         MINISTRY OF ANIMAL HUSBANDRY, AGRICULTURE AND FISHERIES
          MINISTRY OF TOURISM

Montevideo, October 10, 1989.

CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.

TARIGO.
JORGE ACUA ' A.
FRANCISCO A. FORTEZA.
JORGE TALICE.
RICARDO ZERBINO CAVAJANI.
Tte. Gral. HUGO M. MEDINA.
ADELA RETA.
ALEJANDRO ATCHUGARRY.
JORGE PRESNO.
SAMUEL VILLALBA.
PEDRO BONINO GARMENDIA.
JOSE VILLAR GOMEZ.

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Montevideo, Uruguay. Legislative Power.