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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/190/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 190 - Mechanic’s lien—Costs of action
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 190 - Mechanic’s lien—Costs of action
If judgment in an action brought for the enforcement of the provisions of §§ 186—191 of this title is rendered against the owner or grantee of any work, costs may be taxed on him, attorney’s fees included. History —May 4, 1931, No. 73, p. 458, § 5, eff. 90 days after May 4, 1931.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/191/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 191 - Mechanic’s lien—Judgment and execution
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 191 - Mechanic’s lien—Judgment and execution
A judgment upholding the claim shall state that the lien is legally constituted and shall direct payment within the five (5) days following the date on which said judgment becomes final; Provided, That upon the expiration of said period, it may be made effective on the encumbered property through an order of execution which shall be issued by the secretary upon request of the complainant, and shall be served by the marshal within a period not exceeding twenty (20) days from the date on which the said order of execution is delivered to him. History —May 4, 1931, No. 73, p. 458, § 6, eff. 90 days after May 4, 1931.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/193/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 193 - Employees summoned as witnesses in criminal cases—Deduction from salary or leave prohibited
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 193 - Employees summoned as witnesses in criminal cases—Deduction from salary or leave prohibited
Every employer is hereby prohibited from deducting from the salary or from vacation or sick leave of their employees, the days and hours that an employee, duly summoned by the prosecutor or a court, must use when appearing as a witness in a criminal case. This prohibition shall likewise apply to summons as witnesses in procedures involving minors in which the attributed offense would constitute a crime if the child were an adult. History —July 12, 1986, No. 122, p. 394, § 1; Aug. 5, 2004, No. 199, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/193a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 193a - Employees summoned as witnesses in criminal cases—Certificate from the court
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 193a - Employees summoned as witnesses in criminal cases—Certificate from the court
Once the appearance of the witness has concluded, the Prosecuting Attorney for Minors or the Clerk of the Court shall issue a certificate to him/her in which the time he/she had to devote to his/her appearance in days and hours is clearly stated. In cases under §§ 2201 et seq. of Title 34, the name of the accused minor or minors shall never be revealed, stating only their initials and the time that the witness was engaged in the appearance, in the same way as in the cases of adults. History —July 12, 1986, No. 122, p. 394, § 2; Aug. 5, 2004, No. 199, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/193b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 193b - Employees summoned as witnesses in criminal cases—Notice to employer
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 193b - Employees summoned as witnesses in criminal cases—Notice to employer
To be entitled to the protection granted by §§ 193—193c of this title, the employee shall notify his employer within a reasonable time of his need to be absent from work to attend to a summons and, once he returns to work, he shall deliver the certificate established in § 193a of this title to his employer. The employee shall notify his employer at least two (2) working days in advance of the day on which he shall be absent from his job. Notwithstanding the above, notice to the employer may be made within a shorter term if the employee is unable to comply with his obligation due to a delay in receiving the summons. History —July 12, 1986, No. 122, p. 394, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/193c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 193c - Employees summoned as witnesses in criminal cases—Illegal deduction; penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 193c - Employees summoned as witnesses in criminal cases—Illegal deduction; penalties
Every employee who having complied with the requirements of §§ 193—193c of this title has any amount whatsoever illegally deducted from his salary or from his vacation or sick leave shall have the right to collect, through civil action filed by him or by the Secretary of Labor and Human Resources in his name, the difference due plus an amount equal to the unpaid amount, as additional compensation in addition to court costs, expenses, interest and fees for the lawyers in the procedure, the latter at a reasonable sum that shall never be less than fifty dollars ($50). History —July 12, 1986, No. 122, p. 394, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/194/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 194 - Discrimination at place of employment for sharing testimony; cause for action—Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 194 - Discrimination at place of employment for sharing testimony; cause for action—Definitions
(a) Employee.— Means any person who provides services in exchange for salaries, or any type of remuneration, through an oral, written, explicit or implicit contract. (b) Employer.— Means any person who has one or more employees. That includes the employer’s agents. (c) Person.— Means individual, society, corporation, association, as well as any other juridical entity. —Dec. 20, 1991, No. 115, § 1. History
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/194a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 194a - Discrimination at place of employment for sharing testimony; cause for action—Prohibition;...
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 194a - Discrimination at place of employment for sharing testimony; cause for action—Prohibition; violation; civil liability
(a) No employer may discharge, threaten, or discriminate against an employee regarding the terms, conditions, compensation, location, benefits or privileges of the employment should the employee offer or attempt to offer, verbally or in writing, any testimony, expression or information before a legislative, administrative or judicial forum in Puerto Rico, when such expressions are not of a defamatory character nor constitute disclosure of privileged information established by law. (b) Any person claiming a violation of §§ 194 et seq. of this title may prosecute a civil action against the employer within three (3) years from the date in which the violation took place and request compensation for unearned salaries, benefits and attorney’s fees for the real damages suffered, for mental anguish, and reinstatement in his/her job. The employer’s liability regarding the damages and the unearned salaries shall be double the amount determined as having caused the violation of the provisions of §§ 194 et seq. of this title. (c) The employee shall show proof of the violation through direct or circumstantial evidence. The employee shall furthermore establish a prima facie case of violation of the act by proving that he/she participated in an activity protected by §§ 194 et seq. of this title and that he/she was subsequently discharged, threatened or discriminated against regarding his/her employment. Once the aforesaid has been established, the employer shall claim and provide a non-discriminatory legitimate reason for the discharge. Should the employer claim and provide such a reason, the employee should demonstrate that the alleged reason provided by the employer was a mere pretext for the discharge. —Dec. 20, 1991, No. 115, § 2. History
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-9/194b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b)›§ 194b - Discrimination at place of employment for sharing testimony; cause for action—Violation; cr...
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 9 - Payment of Wages; Discharge Without Cause; Mechanic’s Lien (§§ 171 — 194b) › § 194b - Discrimination at place of employment for sharing testimony; cause for action—Violation; criminal liability
Any employer who violates any of the provisions of §§ 194 et seq. shall incur a felony and where he/she to be convicted, he/she shall be sanctioned with a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and/or incarceration for a fixed term of three years. Should aggravating circumstances exist, the established fixed penalty may be increased to a maximum of five (5) years; should extenuating circumstances exist, it could be reduced to a minimum of two (2) years. History —Dec. 20, 1991, No. 115, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/195/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 195 - Payment bond
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 195 - Payment bond
Any contractor in charge of the construction, reconstruction, extension, modification or repair of a work, building or structure whose estimated cost as specified in the construction permit issued by the Permit Office of the Planning Board is greater than fifteen thousand dollars ($15,000) shall post a payment bond in favor of the Secretary of Labor and Human Resources, which shall be binding and effective on and after the date the work is started. History —June 22, 1961, No. 111, p. 223, § 1, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/196/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 196 - Forms of bond
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 196 - Forms of bond
The above-mentioned bond shall be posted by the contractor in cash, certified check or with the security of a bonding company licensed to do business in Puerto Rico, and said payment bond shall answer jointly and severally with the contractor, up to the limit of the bond liability, for the payment to the contractor’s laborers and employees of the wages earned by them in the work. The amount of this payment bond shall not be less than twenty percent (20%) of the estimated cost of the work under construction. History —June 22, 1961, No. 111, p. 223, § 2; Apr. 25, 1986, No. 15, p. 33, § 1, eff. 30 days after Apr. 25, 1986.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/197/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 197 - Payment of wages
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 197 - Payment of wages
(a) It shall be the duty of the contractor to pay weekly and in cash all the wages of the laborers employed in the work under construction. (b) The salaries earned by the workers employed in the work shall enjoy absolute preference, as to payment, over all other debts of the contractor, with the exception of mortgage credits on certain real or personal property or property rights of the debtor, recorded in the registry of property prior to the date on which the salary has been earned, and with the exception of any taxes which the contractor may owe to the Commonwealth or its municipalities. (c) Any person who has been employed in any work, building or construction as to which the bond required by this chapter has been posted and to whom his salary has not been paid in whole or in part, as required by this chapter, in the form and terms established by law, shall be entitled to bring judicial action, without previous notice or demand, against the contractor, the bond of the contractor, the sureties of the contractor, or against any of them, to recover the sum due him for such reason. Any person having a direct contractual relation with a subcontractor, regardless of whether or not he has any express or implicit contractual relation with the contractor of the work, shall have a chose in action against the contractor, the bond of the contractor, the sureties of the contractor, or against any of them, to recover in full or in part any sum due him by the subcontractor of the work for salaries earned as employee of the subcontractor of the work. The workers or employees of the subcontractor may bring said action against the contractor at any time without notice or previous demand of their claim to the subcontractor. (d) Any judicial action brought under this chapter may be prosecuted in accordance with the provisions of Act No. 10, approved Nov. 14, 1917, as amended, and there may be a joinder in one sole complaint of all claims for wages in connection with the same work. History —June 22, 1961, No. 111, p. 223, §§ 3—6, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/198/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 198 - Defect in bond
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 198 - Defect in bond
No technical defect in the bond, including, but without limitation, that it has not been attached to the contract, shall have the effect of altering the liability established by this chapter. History —June 22, 1961, No. 111, p. 223, § 7, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/199/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 199 - Pleading
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 199 - Pleading
It shall not be necessary in any judicial action brought under this chapter to accompany the complaint with a copy of the contract or subcontract for the work, it being sufficient for its identification to make in the complaint reference to the contract or subcontract. History —June 22, 1961, No. 111, p. 223, § 8, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/200/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 200 - Duration of chose in action and bond
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 200 - Duration of chose in action and bond
The chose in action authorized by this chapter against the bond and the sureties of the contractor shall be understood as lapsed one year after the work and all labor thereon have been completed. Upon expiration of said term the bond may be cancelled, unless there is pending any judicial action under this chapter. In such case, the bond shall not be cancelled until final and conclusive judgment has been passed with respect to such pending claim or claims and the same have been settled to the limit of the liability of the bond and of the sureties. History —June 22, 1961, No. 111, p. 223, § 9, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/201/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 201 - Filing of action
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 201 - Filing of action
All actions under this chapter shall be brought in the name of the person or persons in interest, but the Secretary of Labor and Human Resources may also demand, motu proprio or at the instance of one or more workers with interest in the matter, and in representation and for the benefit of one or more of such workers who are in similar circumstances, payment of any sum due them for wages. Said action may be brought in the Part of the Court of First Instance or District Court corresponding to the place where the work is being carried out or where the worker or employee lives on the date of the claim. All workers are entitled to collect in the civil action that may be instituted, in addition to the unpaid amounts, another equal sum as additional compensation, plus costs, expenses and attorney’s fees, and the bond shall answer for the payment of the judgment that may be passed, up to the amount of the bond. History —June 22, 1961, No. 111, p. 223, § 10, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/202/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 202 - Subcontracts
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 202 - Subcontracts
When the contractor of a work under construction subcontracts any part or labor to be performed therein, he shall file with the Secretary of Labor and Human Resources a copy of the subcontract executed with the subcontractor not later than ten (10) days after its execution. The contractor shall have this same duty if the subcontractor, in his turn, contracts with a second subcontractor for any part or labor of the work under construction. History —June 22, 1961, No. 111, p. 223, § 11, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/203/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 203 - Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 203 - Definitions
The following phrases and words as used in this chapter shall have the meanings expressed below: Contractor.— Includes any person or persons in charge, through an express or tacit contract, of the construction, reconstruction, modification, extension, repair or improvement of buildings, works or structures. The term “building, work, or construction” includes, but without limitation, houses, establishments and factories, roads, streets, bridges, viaducts, railroads and all sorts of communication ways, sewers, aqueducts and location of pile lines, canals, excavations, drillings, tunnels and dikes, construction and operation of ports and waterways, of airports and landing fields, of transmission lines and land-reducing works, drainage, dewatering and protection against floods. It shall also include the assembling or installation at the site of the work under construction of any machinery or apparatus; and, likewise, the dismantling, demolishing, or wrecking of said works, structures or buildings and the removal of apparatus or machinery installed therein. Subcontractor.— Includes any person or persons who, as independent contractor, constructs any part of the building, work, or structure in charge of the contractor. History —June 22, 1961, No. 111, p. 223, § 12, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/204/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 204 - Injunctions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 204 - Injunctions
If a contractor or subcontractor starts labor in a construction work with laborers without the contractor’s having first posted the bond required by this chapter to insure to said laborers the payment of their wages, or without his having complied with any of the other requirements established in this chapter, the Secretary of Labor and Human Resources may, through an injunction issued by a competent court, stop the labor being carried out in the work, building, or construction, until the contractor or subcontractor shall fully comply with the provisions of this chapter. History —June 22, 1961, No. 111, p. 223, § 13a, eff. 90 days after June 22, 1961.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/205/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 205 - Posting of public notice
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 205 - Posting of public notice
In every construction project where the contractor or subcontractor performs activities through contracts or subcontracts with any natural or [juridical] person, it shall be the duty of said contractor or subcontractor to post a public notice at the payment sites accepted by the Secretary of Labor and Human Resources for the duration of said contract or subcontract stating the name of the contractor or subcontractor, the nature of the work performed and the name of the bonding company that secures the bond. Any labor union that represents the workers or employees of a contractor or subcontractor shall be entitled to request and obtain from the latter a copy of the payment bond contract which has been posted in accordance with the requirements of this chapter. History —June 22, 1961, No. 111, p. 223, § 13b; Apr. 25, 1986, No. 15, p. 33, § 2, eff. 30 days after Apr. 25, 1986.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-10/206/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 10 - Construction Workers (§§ 195 — 206)›§ 206 - Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 10 - Construction Workers (§§ 195 — 206) › § 206 - Penalties
Any contractor who starts a work, building or construction without having posted the bond required by this chapter in behalf of the Secretary of Labor and Human Resources shall be guilty of a felony and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in jail for a term of not less than one month nor more than one year, or both penalties in the discretion of the court. History —June 22, 1961, No. 111, p. 223, § 14; Apr. 25, 1986, No. 15, p. 33, § 3, eff. 30 days after Apr. 25, 1986.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11/247/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11 - Minimum Wages (§§ 211-241 — 247)›§ 247 - Vested rights
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11 - Minimum Wages (§§ 211-241 — 247) › § 247 - Vested rights
Neither the minimum wage nor the vacation or sick leave accrual rate of any employee shall be reduced as of the effective date of this act, is entitled by virtue of a mandatory decree, to a minimum wage or an accrual rate of either leave, greater than what is provided in Act June 26, 1956, No. 96. Nor shall said employee be required to work a number of hours per month for leave accrual purposes, greater than what is provided in the mandatory decree, as of the effective date of this act. However, all other aspects of a mandatory decree, than those previously stated, shall be governed by the provisions of Act June 26, No. 96. The sick leave accrued under a mandatory decree and not used that, as of the date of effectiveness of this act, exceeds fifteen (15) days, may be liquidated with the previous agreement between employer and employee, in which case the employee may opt to have the employer transfer said liquidation, or part thereof, to the Department of the Treasury to satisfy totally or partially any income tax debt the employee has at the time of exercising said option. Any employee who works in an industry which on the effective date of this act is covered by a mandatory decree which provides for the periodic liquidation of sick leave accrued in excess of certain levels provided therein, shall retain his right to said liquidation under the previously-existing terms, provided the employee agrees to said liquidation. Any employee who at present or in the future works in an industry for which a mandatory decree provides a minimum wage greater than the federal minimum wage in effect on the effective date of this act, shall be guaranteed the minimum wage which most benefits the employee. History —July 20, 1995, No. 84, § 20; Aug. 30, 2000, No. 237, § 7.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250 - Federal minimum wage
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250 - Federal minimum wage
The federal minimum wage fixed by the Fair Labor Standards Act approved by the Congress of the United States of America on June 25, 1938, as it has subsequently been amended, shall automatically apply to the workers in Puerto Rico covered by the federal act. Upon applying the federal minimum wage, the provisions in federal legislation and regulations shall be recognized with regard to how the minimum wage shall be paid, what working hours are, which employees and jobs are exempted from minimum wages, and to establish the minimum hours of work or maximum work week. —July 27, 1998, No. 180, § 2. History
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250a - Protection for local enterprises not covered by the federal statute
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250a - Protection for local enterprises not covered by the federal statute
Those enterprises or activities that do not meet the criteria of the Federal Fair Labor Standards Act, and are therefore exempted from the federal minimum wage, shall pay a minimum wage equivalent to seventy percent (70%) of the prevailing minimum wage. Every other phase of federal legislation and regulations regarding how the minimum wage is to be paid, working hours, which employees and occupations are exempted from the federal minimum wage, and what a working day or week is, are applicable. Provided, That the Secretary of Labor and Human Resources shall have the authority to reduce the prevailing percent if he/she shows that its implementation will substantially affect the employees in the enterprises covered by this section. History —July 27, 1998, No. 180, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250b - Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250b - Definitions
(a) Mandatory decree.— Means a decree passed by the Minimum Wage Board under the provisions of Act No. 96 of June 26, 1956, as amended, or by the Secretary, under this chapter. (b) Department.— Refers to the Department of Labor and Human Resources of Puerto Rico. (c) Employ.— Means to hire, allow or put to work. (d) Industry.— Shall mean any field of economic activity and comprises agriculture, silviculture, fishing, mining, construction, manufacture, wholesale and retail trade, finances, insurance and real estate business, transportation, communications and other public and personal (except household services), professional and business services. (e) Board.— Means the Minimum Wage Board. (f) Worker, employee or laborer.— Includes any person who works, practices or engages in any art, skill, trade or labor under the orders of, or for the benefit of another person, based on a contract for the leasing of services, or by some type of remuneration, or an express or tacit promise to receive it, in any industry. It does not include independent contractors. (g) Employer.— Includes any natural or juridical person of any nature who, for profit or not, employs or allows any number of laborers, workers, or employees to work for any type of compensation. (h) Salary.— Includes wages, pay, remuneration and any type of compensation, whether in cash, in kind, services, facilities, or any combination thereof; but shall not include anything but money when it is a minimum wage prescribed under the provisions of this chapter, unless otherwise provided or authorized by the Secretary. (i) Minimum wage.— Comprises the minimum wages established pursuant to this chapter for workers of enterprises or for activities not covered by the Federal Fair Labor Standards Act. (j) Federal minimum wage.— Is the minimum wage established by the Fair Labor Standards Act approved by the Congress of the United States of America on June 25, 1938, as amended. (k) Secretary.— Refers to the Secretary of the Department of Labor and Human Resources of Puerto Rico. History —July 27, 1998, No. 180, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250c - Industries that provide greater or lesser benefits
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250c - Industries that provide greater or lesser benefits
(a) Those industries that on the effective date of this act are paying higher wages under a mandatory decree and are not covered by the federal minimum wage, shall continue to pay them to their workers. However, those industries that are covered by the federal act and are paying wages that are higher than the federal minimum wage, shall continue to pay them to the workers. (b) An employee who was covered by a mandatory decree as of August 1, 1995, which provided for the monthly accrual of vacation and sick leave rates higher than what is provided in this chapter, or who was entitled to accrue such benefits with less hours of work than what is provided in this chapter, shall continue to enjoy such benefits under the same terms that existed before August 1, 1995. This provision shall apply as long as he/she works for the same employer. (c) Those industries that on the effective date of this act, were regulated by mandatory decrees with a monthly accrual rate of vacation and sick leave lower than what is provided in this chapter, or with requirements of minimum hours of work to be entitled to said accrual rates greater than what is provided in this chapter, shall continue to be subject to the provisions of said mandatory decree to such effects. In the shortest time possible, and according to the economic capacity of each industry, the minimum vacation and sick leave benefits established by said mandatory decrees shall be adjusted to the levels provided in this chapter. (d) In the process of revising the mandatory decrees, the Secretary shall take into consideration the cost of living and the special needs of the employees, as well as the economic conditions and the competition of the industry in question, so that there will be no substantial reduction in employment in said industries. In revising the decrees, the Secretary shall comply with the “Uniform Administrative Procedures Act of Puerto Rico”, §§ 2101 et seq. of Title 3. Provided, That public hearings notified at least sixty (60) days in advance, shall be held in the revision process, and the determination shall be subject to judicial review. History —July 27, 1998, No. 180, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250d - Provisions on vacation and sick leave
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250d - Provisions on vacation and sick leave
(a) All workers in Puerto Rico with the exception of those listed in §§ 250a and 250f of this title, shall accrue vacation leave at a rate of one and one quarter (1 1 / 4) days each month, and sick leave at a rate of one day each month. It shall be a requirement for the employee to work no less than one hundred and fifteen (115) hours a month to accrue said leave. Provided, That the use of vacation and sick leave shall be deemed as time worked, for the accrual of said benefits. (b) Vacation and sick leave shall be accrued as of the regular working day in the month that the accrual occurred. For employees whose schedules fluctuate, a regular working day shall be determined by dividing the total number of regular hours worked by the total number of days worked. For employees whose hours of work cannot be determined, they shall be computed on the basis of eight (8) regular working hours a day. (c) Vacation and sick leave time shall be used and shall be paid on the basis of a regular working day when the benefit is used or paid. To such effect, a period which is not greater than two (2) months shall be taken into consideration before taking or paying this benefit. (d) Vacation and sick leave shall be paid on the basis of an amount which is not less than the regular hourly wage earned by the employee in the month the leave was accrued. For employees who receive commissions or other incentives that are not at the full discretion of the employer, the total commissions or incentives earned for the year, can be divided between fifty-two (52) weeks, to compute the regular hourly wage. (e) If a probation period authorized by law is established, sick leave shall accrue from the beginning of said probation period. However, any employee who completes the probation period shall accrue vacation leave from the date his/her employment commenced. (f) An employee shall not claim vacation leave until it has accrued for one year. Vacation leave shall be granted annually, in such a way as not to disrupt the normal operation of the enterprise, to which ends, the employer shall establish the corresponding schedule. (g) Vacation leave shall be enjoyed consecutively, however, through an agreement between the employer and the employee, it may be apportioned, provided that the employee enjoys at least five (5) consecutive working days of vacation leave during the year. (h) Through an agreement between the employer and the employee, up to two (2) years of vacation leave may be accrued. An employer who does not grant vacation leave after accruing the above maximum, must grant the total leave accrued to date, and pay the employee twice the corresponding salary for the period in excess of said maximum. (i) Upon written request of the employee, the employer may allow vacation leave to include non-working days comprised in the period he will enjoy his vacation leave, and/or the non-working days immediately before or after said period of vacation leave. (j) In the event the employee terminates his/her employment, the employer shall pay the employee the total leave accrued to such date, even though it is less than a year. (k) The employer may allow the partial liquidation of accrued vacation leave in excess of ten (10) days upon written request of the employee. (l) Sick leave not used by the employee in the course of the year shall be accrued for subsequent years up to a maximum of fifteen (15) days. (m) Except in cases of (force majeure), the employee shall notify the employer of his/her illness as soon as it is foreseeable that he/she shall be absent at the beginning of his/her regular hours of work and no later than the same day of his/her absence. (n) The enjoyment of sick leave does not excuse compliance of those standards of conduct validly established by the employer, such as attendance, punctuality, medical certificates if the absence exceeds two (2) working days, and periodic reports on the continued illness. History —July 27, 1998, No. 180, § 6.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250e - Use of uniforms
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250e - Use of uniforms
Every employer who requires his/her employees to use a uniform shall have to defray the expense of their acquisition. Under no circumstances shall the employee be required in any way, to contribute directly or indirectly to assume, totally or partially, the expense of acquiring said uniforms. Pursuant to this section, every health services employer is required to assume the obligation to furnish uniforms, or their equivalent in money, to the nurses, as well as to laboratory and radiology technicians, therapists, or other technical health professionals whose practice requires the use of uniforms. History —July 27, 1998, No. 180, § 7; July 30, 1999, No. 192, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250f/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250f - Persons excluded from this chapter
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250f - Persons excluded from this chapter
(a) The provisions of this chapter shall not apply to: (1) Persons employed in domestic service in a family residence, except chauffeurs; (2) persons employed by the Government of the United States of America, the Government of Puerto Rico, except by those agencies or instrumentalities thereof that operate as private businesses or enterprises, and (3) persons employed by the municipal governments. (b) The provisions of this chapter shall not apply to “administrators”, “executives” and “professionals” as said terms are defined by Regulation Number 13 of the Minimum Wage Board, or as subsequently amended by the Secretary of Labor and Human Resources under the powers granted by this chapter. History —July 27, 1998, No. 180, § 8.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250g/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250g - Violations; penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250g - Violations; penalties
(a) Any person who as an employer, or an administrator, official, agent, employee or person in charge of a firm, partnership or corporation, or of another person or persons, violates or refuses to comply or is reticent in complying with any provision of this chapter, or any decree or regulation adopted by the Minimum Wage Board, and which has been validated by the provisions of this chapter, or that is subsequently issued by the Legislature pursuant to the provisions of this chapter, shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000), or imprisonment for a term of not less than ninety (90) days nor more than one hundred and twenty (120) days, or both penalties, at the discretion of the court. (b) In the event of a second violation of the infractions mentioned in this section, a fine which shall not be less than one thousand dollars ($1000) or more than five thousand dollars ($5,000), or imprisonment for a term of not less than one hundred twenty (120) days nor more than one year, or both penalties, shall be imposed at the discretion of the court. History —July 27, 1998, No. 180, § 9.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250h/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250h - Injunction and other proceedings
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250h - Injunction and other proceedings
(a) It shall be the duty of the Secretary of Labor and Human Resources or through any of his/her duly authorized employees or agents to ensure compliance of this chapter. To such effects, whenever the Secretary believes that any employer is violating or is going to violate any provision of this chapter, shall file an injunction or any other remedies that may be needed to enforce the terms of this chapter. The Court of First Instance, Superior Part, shall have the authority to hear and decide all the abovementioned suits. (b) To such effects, every employer: (1) Shall allow the Secretary of Labor and Human Resources or any of his/her duly authorized employees or agents, free access to all sites and properties in which or with which any type of work is performed, in order to perform any investigation on the prevailing working conditions therein. (2) Shall allow the Secretary of Labor and Human Resources or any of his/her authorized employees or agents to inspect his/her accounting books, reports, contracts, lists, payrolls, and all records of the employees’ working conditions in order to perform any investigation related to compliance of any provision of this chapter. (c) Any employer who does not comply with or violates any of the duties or obligations stated in this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than six hundred dollars ($600), or a maximum term of one month of imprisonment, or both penalties, at the discretion of the court, and in case of a second offense, he/she shall be punished with a fine of fifteen hundred dollars ($1,500) or imprisonment for a term of ninety (90) days, or both penalties, at the discretion of the court. History —July 27, 1998, No. 180, § 10.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250i - Claims filed by employees
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250i - Claims filed by employees
(a) Any employee or worker who receives compensation for his/her work which is less than that prescribed by this chapter or a collective bargaining agreement or an individual work contract, shall be entitled to collect through a civil suit, the difference owed up to the total amount of the corresponding compensation for wages, vacation and sick leave, or any other benefit, plus an amount equal to that which has not been paid to him/her as additional compensation, plus costs interest, expenses and fees of the lawyers in the case, notwithstanding any other agreement to the contrary. (b) All claims that several or all of the workers or employees have against an employer in common for work performed in the same establishment, firm or site may be joined in a single suit. (c) Claims may be handled by regular suit or through any procedure for wage claims that are established in other laws of Puerto Rico. (d) With regard to compliance of this chapter, the Secretary of Labor and Human Resources may file suit on his own account or at the request of one or more workers or employees with an interest therein, and in representation and benefit of one or more of the same who are in similar circumstances, for the payment of any indebted amount for wages, additional compensation, interests, costs, expenses and lawyers fees that are indicated in subsection (a) of this section. Any worker with an interest therein may become a plaintiff in any suit that is thus brought by the Secretary of Labor and Human Resources. (e) The Secretary of Labor and Human Resources may become a plaintiff or intervener in any judicial suit or proceeding that is filed by any person under this chapter. History —July 27, 1998, No. 180, § 11.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-11a/250j/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j)›§ 250j - Prescriptive term
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 11A - Puerto Rico Minimum Wage, Vacation and Sick Leave Act (§§ 250 — 250j) › § 250j - Prescriptive term
(a) An employee’s suit to claim wages against his/her employer under this chapter or any mandatory decree approved or to be approved pursuant to the provisions of this chapter or under any contract or law, shall prescribe within a term of (3) years. The term for this action to prescribe shall be counted from the time that the employee ceased to work for the employer. The prescriptive term indicated above shall be interrupted and shall begin anew through the judicial or extra judicial claim for the wage debt filed by the worker, his representative or an official of the Department empowered to do so, and by any act by the employer acknowledging the debt. (b) When the employee is working with the employer, the claim shall only include the salaries to which the employee is entitled for any reason during the three (3) years prior to the date the judicial action was filed. (c) In the event the employee has ceased working for the employer, the claim shall only include the last three (3) years prior to the date he/she stopped working. (d) With regard to the prescriptive term provided in this section, a change in the nature of the employee’s work shall not constitute a novation of the employment contract. (e) Provisions of this section shall in no way affect the cases that have already been filed in the courts, or those that are filed within one year after this act becomes effective. History —July 27, 1998, No. 180, § 12; May 21, 2000, No. 80, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/271/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 271 - Working hours—Per day and week
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 271 - Working hours—Per day and week
Eight (8) hours of work constitute the legal workday in Puerto Rico. Forty (40) hours of work constitute a workweek. History —May 15, 1948, No. 379, p. 1254, § 2; July 23, 1974, No. 223, Part 2, p. 161, § 1; July 20, 1995, No. 83, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/272/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 272 - Working hours—Regular hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 272 - Working hours—Regular hours
Regular working hours are eight (8) hours during any workday and forty hours (40) during any workweek. History —May 15, 1948, No. 379, p. 1254, § 3; July 23, 1974, No. 223, Part 2, p. 161, § 2; July 20, 1995, No. 83, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/273/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 273 - Overtime
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 273 - Overtime
Extra working hours are: (a) The hours that an employee works for his employer in excess of eight (8) hours during any period of twenty-four (24) consecutive hours. (b) The hours that an employee works for his employer in excess of forty during any week, unless the hours worked daily in excess of eight are paid at double time rates. (c) The hours that an employee works for his employer during the days or hours when the establishment in which he renders services should remain closed to the public by legal provision; Provided, however, That the hours worked by an employee for his employer during the days or hours in which the establishment must remain closed to the public shall not be considered extra hours, when the employer has obtained from the Secretary of Labor and Human Resources the permit required by §§ 289 and 290 of this title, and the total number of hours worked by the employee during said day do not exceed eight (8) hours, nor the total number of hours worked during the week exceed forty (40) hours. (d) The hours that an employee works for his employer in excess of such maximum working hours a day as the Minimum Wage Board may have fixed or may fix for the occupation, business, or industry in question. (e) The hours that an employee works for his employer in excess of the maximum number of working hours a day fixed in a collective bargaining agreement. History —May 15, 1948, No. 379, p. 1254, § 4; July 23, 1974, No. 223, Part 2, p. 161, § 3; Dec. 1, 1989, No. 1, p. 633, § 12; Nov. 16, 2009, No. 143, § 7.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/273a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 273a - Working hours—Flexible work schedule
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 273a - Working hours—Flexible work schedule
An alternate or optional flexible work schedule may be established solely by agreement between the employee and the employer, which will allow advancing or delaying the hour to begin the workday and the period assigned for meals. Employers shall process with priority those requests submitted by heads of families who have the patria potestas or sole custody of their minor children. This hourly work schedule shall be completed consecutively, without fractioning it. The aforesaid may be interrupted only for the period of time provided for or agreed upon for taking meals as established by law. Any such agreement shall also provide for a rest period of not less than twelve (12) consecutive hours, between daily work schedules. When these requirements are complied with, those hours which are the result of having advanced or delayed the work schedule or the time for taking meals during the workday shall not be deemed as overtime. Nevertheless, those hours worked during the periods reserved for resting or meals and those hours worked in excess of the daily eight (8) hour workday or the forty (40) hour workweek, shall be deemed to be, and paid as overtime, as provided in this chapter. History —May 15, 1948, No. 379, p. 1254, added as § 5 on July 20, 1995, No. 83, § 5; Jan. 4, 2002, No. 7, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/274/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 274 - Working hours—Extra wages for extra hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 274 - Working hours—Extra wages for extra hours
Every employer who employs or permits an employee to work during extra hours, shall be bound to pay him for each extra hour a wage rate equal to double the rate agreed upon for regular hours; Provided, however, That every employer in any industry in Puerto Rico covered by the provisions of the Fair Labor Standards Act approved by the Congress of the United States of America on June 25, 1938, as heretofore or hereafter amended, shall be under obligation to pay only for each extra hour of work in excess of the legal eight (8) hour working day a wage at a rate of not less than time and a half the rate of wage agreed upon for regular hours, save when by a decree of the Minimum Wage Board or by a collective bargaining agreement or both, other working and/or compensation standard has been fixed. To determine the wage rate agreed upon for regular working hours the daily, weekly, or monthly wages, or wages otherwise stipulated, shall be divided by the number of regular hours worked during that same period in accordance with the provisions of §§ 271—288 of this title. History —May 15, 1948, No. 379, p. 1254, § 5; July 23, 1974, No. 223, Part 2, p. 161, § 4; renumbered as § 6 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/275/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 275 - Working hours—Construction of labor contracts
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 275 - Working hours—Construction of labor contracts
In every labor contract in which wages are stipulated by the day, it shall be understood that eight (8) hours constitute a working day, save in those cases where, by custom, nature of the work, provision of law, decree of the Minimum Wage Board, or collective agreement, the maximum working hours are less than eight (8) hours a day. Every decree, agreement, clause, or stipulation, that fixes a working day of more than eight (8) hours shall be null. History —May 15, 1948, No. 379, p. 1254, § 6, renumbered as § 7 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/276/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 276 - Working hours—Weekly wage as covering regular hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 276 - Working hours—Weekly wage as covering regular hours
If an employee works for a weekly wage, the wage stipulated shall cover solely the payment of the regular working hours during each week. History —May 15, 1948, No. 379, p. 1254, § 7, renumbered as § 8 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/277/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 277 - Working hours—Monthly wage as covering regular hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 277 - Working hours—Monthly wage as covering regular hours
If an employee works for a monthly wage, the wage stipulated shall cover solely the payment of the regular working hours during each month. History —May 15, 1948, No. 379, p. 1254, § 8, renumbered as § 9 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/278/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 278 - Working hours—Piecework; extra hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 278 - Working hours—Piecework; extra hours
If the contract is on the basis of piecework or any other unit of work, the employee shall be entitled to receive double compensation for the pieces or units made during extra hours. History —May 15, 1948, No. 379, p. 1254, § 9, renumbered as § 10 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/279/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 279 - Working hours—Construction and improvement work; extra hours; prescription on claim
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 279 - Working hours—Construction and improvement work; extra hours; prescription on claim
In building, reconstruction, repair works, or works for the improvement of property, done by the job and in any other work in which contractors, subcontractors, ajustadores, foremen, or any agent or representative of the employer intervenes, the employee shall also be entitled to additional compensation on the basis of the double wages that §§ 271—288 of this title fix for extra hours of work. In these cases the owner, or the person for whom the works are constructed or the work is done, shall be liable jointly with the contractor, subcontractor, ajustador, foreman, agent or representative of the employer, for the payment of the wages earned in regular hours and extra hours of work; Provided, That no action or claim may be filed against the owner or grantee of the works one year after the work for which payment is claimed has been finished, except when the work is done by force account [sic], in which case the provisions on limitation of actions claiming wages of § 32 of Act June 26, 1956, No. 96 shall govern. History —May 15, 1948, No. 379, p. 1254, § 10; Apr. 26, 1963, No. 12, p. 16; renumbered as § 11 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/280/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 280 - Working hours—Consolidation of payment for regular and extra hours void
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 280 - Working hours—Consolidation of payment for regular and extra hours void
No provision of §§ 271—288 of this title shall justify any employer to reduce the wage paid by him during the month of January 1948 for one working day, one working week, or one working month, or to pay to any employee a lower wage than the one paid by him to the same employee as of said date. Any clause or stipulation of a labor contract in which the compensation of the employee is fixed at a rate of wages by the day, by the week, or by the month, which consolidates the payment of regular hours and the extra hours of work, shall be null. History —May 15, 1948, No. 379, p. 1254, § 11, renumbered as § 12 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/281/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 281 - Working hours—Waiver of wages for extra time prohibited
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 281 - Working hours—Waiver of wages for extra time prohibited
It is hereby declared that the additional compensation on the basis of double time fixed by §§ 271—288 of this title for extra hours of work may not be waived. Any clause or stipulation by virtue of which the employee agrees to waive the payment of the additional compensation for extra hours fixed by §§ 271—288 of this title shall be null. No judgment, award, adjudication or any other provision of a claim for compensation, right or benefit under any act, mandatory decree, wage order, collective agreement or work contract, may be raised as a defense of a former adjudication by [the] fractioning of cause of action, to defeat another claim, unless the same cause of action has been expressly adjudicated in the previous proceeding, for the same facts between the same parties. History —May 15, 1948, No. 379, p. 1254, § 12; June 5, 1973, No. 95, p. 408; renumbered as § 13 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/282/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 282 - Working hours—Claims of employees; damages; compromise; intervention of mediators
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 282 - Working hours—Claims of employees; damages; compromise; intervention of mediators
Any employee who receives a compensation less than that fixed by §§ 271—288 of this title for regular hours and extra hours of work, or for the period fixed for meals, shall be entitled to recover from his employer, through civil action, the sums unpaid, plus an equal sum as liquidation of damages, in addition to the costs, expenses, and attorney’s fees of the proceeding. No employer may take reprisals, dismiss, suspend or affect the employment or working conditions of any employee in any way whatsoever for the sole reason of his/her refusal to accept a flexible work schedule as authorized in § 274 of this title. Any employer who incurs said conduct may be sued for an amount equal to twice the amount of the damages said action has caused the employee. He/she may also be required to reinstate the worker in his/her employment and to cease and desist of the act in question. Nothing in §§ 271—288 of this title may prevent an employee who has initially rejected an agreement for a flexible work schedule, from subsequently accepting said agreement. Any employee whose employment or working conditions have been affected because his/her employer has incurred the conduct described in the preceding paragraph, may file a recourse before the Court of First Instance. The Secretary of Labor and Human Resources of Puerto Rico may file said action on behalf and in representation of the employee thus affected. When the suit is heard, the burden of proof shall rest on the employer to refute the presumption that he/she has taken reprisals against the employee for refusing to accept a flexible work schedule. These claims may be handled in accordance with the regular procedure of the complaint procedure established in §§ 3118 et seq. of Title 32, as heretofore or hereafter amended. The judicial claim may be filed by one or several employees, in his or their names, and that of other employees who are in similar circumstances; Provided, That after the claim has been judicially instituted, it may be settled between the parties with the intervention of the Secretary of Labor and Human Resources or any of the attorneys of the Department of Labor and Human Resources appointed by said Secretary, and the approval of the court. The Secretary of Labor and Human Resources shall determine administratively which judicial or extrajudicial settlements shall require his personal intervention, establsihing the criteria which shall prevail to such ends, through regulations or administrative order. Every extrajudicial settlement in regard to the payment of the wages for regular hours, extra hours of work, the time specified to partake of food, or the payment of the sum equal to that claimed, which this act fixes as liquidation of damages, shall be null; Provided, however, That for the purposes of §§ 271—288 of this title, a settlement made before the Secretary of Labor and Human Resources or before any of the attorneys or officials of the Department of Labor and Human Resources appointed by said Secretary shall be valid. Likewise, every extrajudicial compromise reached through the intervention of mediators of labor-management disputes from the Department of Labor and Human Resources shall be valid, subject to the norms or criteria the Secretary may establish to such effect by regulation or administrative order. —May 15, 1948, No. 379, p. 1254, § 13; Apr. 26, 1968, No. 25, p. 42; May 19, 1976, No. 47, p. 128; May 10, 1982, No. 8, p. 16, § 1; renumbered as § 14 by § 5 and amended by § 3 on July 20, 1995, No. 83. History
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/283/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 283 - Working hours—Posting notice of work hours; printed models
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 283 - Working hours—Posting notice of work hours; printed models
Every employer shall affix in a conspicuous place in the establishment, shop, factory, plantation, office or place of work, as the case may be, a printed notice setting forth the number of working hours required daily from the employees for each day of the week, the time to begin and end work, and the time to begin and end the period for taking food within the regular working hours. The periods assigned for taking meals which occur within or outside the regular work schedule of the employee may be of less than one hour. If a lesser period is fixed for the mutual convenience of the employee and his/her employer, or through the written stipulation of both, the aforesaid shall not be less than thirty (30) minutes, except for croupiers, nurses and security guards, in which case it may be of a minimum of twenty (20) minutes. In the case of those periods for taking meals which occur outside the regular work schedule of the employee when he/she does not work more than two (2) hours after the regular schedule, the aforesaid may be disregarded through a written agreement between the employee and the employer for their mutual benefit, and without the need for the intervention of the Secretary of Labor and Human Resources. Within ten (10) days following the effectiveness of this act, the Secretary of Labor and Human Resources shall provide through regulations, everything that is pertinent to the compliance of what is provided in this section. Said initial regulations shall not be subject to the provisions of §§ 2101 et seq. of Title 3, but any amendment, renewal or adoption of new regulations shall comply with the provisions thereof. Once the stipulations to those effects are approved by the Secretary of Labor and Human Resources, they shall be valid indefinitely and if the same work relationship continues, none of the parties may withdraw its consent to what was stipulated without the consent of the other, until one year after the stipulation’s effectiveness. When the employees are unionized, the stipulation for reducing the period fixed for taking food may be effected through collective bargaining or written agreement between the union and the employer, there being no need, in such case, for the individual consent of the employees represented by the union, nor the approval of the Secretary of Labor and Human Resources, the reduction being in such cases effective for the duration of the agreement, or as provided in the collective bargaining agreement. The period assigned for taking meals shall not commence before the conclusion of the third hour, nor after the sixth consecutive hour of work commences, so that at no time shall the employees be required to work more than five (5) consecutive hours without a break in their work schedule to take meals. Provided, That as an exception and pursuant to the regulations promulgated to such effects, the Secretary of Labor and Human Resources may authorize that the period for taking meals may be taken between the second and third consecutive hour of work. Every employer who employs or permits an employee to work during the period fixed for taking food, shall be bound to pay for said period or fraction thereof at a wage rate equal to double the rate agreed upon for regular hours. In such cases where, pursuant to the provisions of this section, the period fixed for taking food is reduced to a period of less than one hour, the employer shall be bound to pay a wage rate equal to double the rate agreed upon for regular hours, only if he employs or permits an employee to work during such reduced period fixed taking food. In commercial, industrial and agricultural establishments and those devoted to other profit or nonprofit businesses where persons are employed at alternate hours during all the days of the week, a special notice shall be affixed, stating the name of each one of the employees and the hours he works on each day of the week. The hours fixed in the notice shall constitute prima facie evidence that such working hours in each establishment constitute the division of the working day. It is the duty of every employer to request the printed forms for these notices from the Department of Labor and Human Resources which shall furnish them free of charge. History —May 15, 1948, No. 379, p. 1254, § 14; June 27, 1961, No. 121, p. 261, § 1; June 22, 1962, No. 88, p. 232; July 23, 1974, No. 223, Part 2, p. 161, § 5; May 5, 1976, No. 27, p. 65, § 1; Aug. 17, 1990, No. 41, p. 168; renumbered as § 15 by § 5 and amended by § 4 on July 20, 1995, No. 83.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/284/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 284 - Working hours—Payrolls made and kept by employer; subject to inspection
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 284 - Working hours—Payrolls made and kept by employer; subject to inspection
Every employer shall be obliged to make, keep, and preserve the payrolls of the persons employed by him, stating the salaries earned and the regular hours and extra hours worked by each one, and other conditions and practices of employment maintained by him. The payrolls shall be kept in accordance with such reasonable rules as the Secretary of Labor and Human Resources may prescribe and shall be kept for such time as the rules may determine. The Secretary of Labor and Human Resources or any of his duly authorized agents may examine during working hours the payrolls of any employer for the purpose of taking data and information for the statistics, surveys, and investigations in connection with the enforcement of §§ 271—288 of this title. History —May 15, 1948, No. 379, p. 1254, § 15, renumbered as § 16 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/285/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 285 - Working hours—Occupations subject to law; exceptions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 285 - Working hours—Occupations subject to law; exceptions
The provisions of §§ 271—288 of this title shall govern in every commercial, industrial, and agricultural establishment; in every shop, factory, refinery, mill, and plant; in every ranch, property, farm, estate, and plantation; in every public service enterprise; in every profit or nonprofit business, including printing shops, publishing houses, newspaper enterprises, clinics, hospitals, pharmacies, learning institutions, boarding houses, hotels, diners, restaurants, stores, grocery stores, warehouses, depots, markets, garages, bakeries, theaters, racetracks, casinos, and the like; in every business office or establishment, law office, medical, and professional office, and in every place devoted to the rendering of any kind of service, including nonprofit associations or organizations and charitable institutions. The provisions of §§ 271—288 of this title shall also apply to all chauffeurs and operators of public and private motor vehicles, excepting those who work on a commission basis. The provisions of §§ 271—288 of this title shall not apply to persons in domestic service; Provided, however, That these persons shall be entitled to one day of rest for every six days of work. The provisions of §§ 271—288 of this title shall not apply, either, to persons engaged in the sale of cars, trucks, self-propelled heavy machinery, or any motor and/or hauling vehicle, when said persons are employed for such tasks by a business establishment devoted mainly to the sale of motor and/or hauling vehicles while they are engaged in sales and are compensated on a commission or a salary basis, or a combination of both. Provided, That these employees shall be entitled to one day of rest for every six days of work. Provided, That the exemption granted by this section shall be effective only if the employer complies with the provisions of Act No. 96 of June 26, 1956, guaranteeing to the salesperson the applicable minimum wage prevailing in Puerto Rico for hours worked each week, even if he/she has not earned any commissions. The payment by the employer for hours worked in which the employee did not receive a commission shall be deemed as an advance on commissions, whose adjustment shall be made at the end of the month. Providing, further, That employees earn more than half of their income from commissions and that their hourly compensation, including commissions, is equal to at least one and-a-half times the federal minimum wage. The provisions of §§ 271—288 of this title shall not apply to the employees of the Commonwealth Government, the municipal governments, the Government of the Capital, nor of the agencies or instrumentalities of said governments, except those agencies or instrumentalities devoted to agricultural, industrial, commercial or public service enterprises. History —May 15, 1948, No. 379, p. 1254, § 16; May 5, 1976, No. 27, p. 65, § 2; renumbered as § 17 on July 20, 1995, No. 83, § 5; Apr. 30, 1996, No. 33, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/286/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 286 - Working hours—Regulations by Secretary of Labor and Human Resources
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 286 - Working hours—Regulations by Secretary of Labor and Human Resources
The Secretary of Labor and Human Resources shall prepare the rules and regulations necessary for the best enforcement of §§ 271—288 of this title. Such rules and regulations shall, after they are approved by the Governor and are duly promulgated, have the force of law. History —May 15, 1948, No. 379, p. 1254, § 17, renumbered as § 18 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/287/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 287 - Working hours—Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 287 - Working hours—Penalties
Every employer who fails to pay the rate of wages stipulated in §§ 271—288 of this title for regular hours or extra hours of work, or who permits, induces, or obliges an employee to waive, to accept, or to agree to waive, the compensation on the basis of double time for extra hours, or who does not keep the payrolls of the wages as determined by the Secretary of Labor and Human Resources, or who does not submit the reports in regard to wages that the Secretary may request, or prevents the examination of said payrolls by the Secretary of Labor and Human Resources or his authorized agents, or knowingly sets forth false data in said payrolls or reports, or who violates any provisions of §§ 271—288 of this title or of the orders, rules, or regulations that the Secretary of Labor and Human Resources may prescribe as herein determined, or who discharges or otherwise discriminates against any employee because the latter has instituted or caused to be instituted any proceeding in accordance with §§ 271—288 of this title or connected herewith, or who avails himself of any resources, fraud, deceit, or subterfuge in order not to pay, to evade or refuse payment of, or deprive any employee of the right to receive, double time for extra hours of work, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50) or by imprisonment in jail for a term of not less than fifteen (15) days, or by both penalties, in the discretion of the court. In case of a subsequent offense, he shall be punished by a fine of from one hundred [dollars] ($100) to five hundred dollars ($500), or by imprisonment in jail for a term of from thirty (30) to ninety (90) days, or by both penalties, in the discretion of the court. History —May 15, 1948, No. 379, p. 1254, § 18, renumbered as § 19 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/288/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 288 - Working hours—Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 288 - Working hours—Definitions
The following definitions of words and phrases in §§ 271—288 of this title shall be accepted, unless it is otherwise deduced from the context hereof: (1) Employee.— Includes every employee, workman, day laborer, artisan, laborer, clerk, shop clerk and every person employed for wages, salary, day wages, or any other form of compensation in any occupation, establishment, business, or industry, excepting traveling agents and peddlers. The word “employee” shall not include executives, administrators, or professionals, as these terms may be defined by the Puerto Rico Minimum Wage Board, nor labor union officials or organizers when acting as such. (2) Employer.— Includes every natural or [juridical] person of any kind whether he operates for profit or not, and anyone who represents said natural or [juridical] person or who exercises authority in his name. (3) To employ.— Is to allow or permit a person to work. (4) Wage.— Includes salary, day wages, payment, and any other form of cash compensation. (5) Occupation.— Includes all service, work, labor, help, or toil that an employee performs for his employer. (6) Establishment.— Includes every building, house, factory, shop, property, estate, store, warehouse, office, public service enterprise, place, and site where work is executed, labor is performed, or any service is rendered, for pay. (7) Labor contract.— Means every oral or written agreement by which the employee binds himself to execute a work, perform labor, or render a service for the employer for wages or any other pecuniary remuneration. If there is no express stipulation as to wages, the employer shall be obliged to pay the minimum wage fixed for the occupation, industry, or business in question, and, in defect of such determination, the wages that are customarily paid in the locality for similar work. (8) Traveling agents.— Are those employees that exercise the function of traveling salesmen and whose work consists of carrying out transactions involving the sale of products, services, or any other tangible or intangible goods in behalf of an employer, whether or not he intervenes personally in the distribution or delivery of the product, service or goods, including any work or service incidental or related to the main sales activity. Usually, these people work outside of headquarters; they do not return to it daily; nobody has the daily supervision of their activities once they go out to sell; they use their own discretion as to the effort and time they should devote to their work, and the very nature of their work prevents the determination of real and effective hours worked every day. (9) Peddlers.— Those employees who are engaged in the sale, offering for sale, the requesting, collection or distribution of any article, product or merchandise, or publicity material, in the street, in any public place, or from door to door, without the employer having any control over the hours of work it will take such employee to perform such activities outside the employer’s establishment. The terms included in this section will not exclude any other term including agricultural, industrial, or commercial activities. History —May 15, 1948, No. 379, p. 1254, § 19; Apr. 26, 1963, No. 11, p. 15; July 23, 1974, No. 223, Part 2, p. 161, § 6; May 5, 1976, No. 27, p. 65, § 3; June 3, 1983, No. 61, p. 132; renumbered as § 20 on July 20, 1995, No. 83, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/289/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 289 - Permits for employment outside regular hours
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 289 - Permits for employment outside regular hours
The Secretary of Labor and Human Resources is hereby authorized to grant permits to employers or owners of establishments to employ workmen or employees in the days or hours in which the establishments must remain closed to the public or in night hours during which work by women is forbidden by Act June 21, 1919, No. 73 when in the judgment of the Secretary it may be necessary to work during such days or hours for the purpose of permitting said employers or owners to complete urgent or necessary works which must be finished within a determined time in shops, factories, or any other industrial or commercial establishments in Puerto Rico; Provided, however, That in no case whatsoever may a woman be employed after ten o’clock at night and until six o’clock in the morning, who is under eighteen (18) years of age, or who is pregnant, or who has worked during the next preceding sixteen (16) hours for a number of hours which, added to the number of hours she would have to work during the period from ten o’clock in the night to six o’clock in the morning, would exceed, in the aggregate, eight (8) hours of work during the above-mentioned period of twenty-four (24) hours. Whenever an employer or owner finds it necessary to avail himself of the provisions of sections Act June 21, 1919, No. 73, he shall notify the Secretary of Labor and Human Resources, and in his absence, the Assistant Secretary, or such person as may be substituting him as the head of said Department, that such necessity exists and of the time that will be needed to complete the work, and the Secretary or Assistant Secretary, or the person substituting him as head of the Department, may issue the proper permit; Provided, That the extra hours worked and the compensation appertaining to the work performed under said permits shall be determined and paid for in accordance with the provisions of §§ 271—288 of this title. It shall be the duty of every employer or owner of an establishment to whom a permit has been granted to send to the Department of Labor and Human Resources, within the ten (10) days following the completion of the work, a duplicate of the payroll of the employees used therein, setting forth under oath the name of every employee, his address, type of work performed, time, and wages paid; and Provided, further, That upon the granting of the permit, the Secretary of Labor and Human Resources shall be authorized to investigate the motives or reasons of the employer or owner for making the request; and if he finds that the facts have been maliciously falsified or that the request was not justified, such facts shall constitute a misdemeanor, and, within the sixty (60) days following the granting of the permit, the proper complaint may be filed. History —May 5, 1931, No. 80, p. 496; § 1; Apr. 15, 1935, No. 24, p. 188, § 1; May 14, 1947, No. 418, p. 842, § 1; May 6, 1949, No. 188, p. 594, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/290/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 290 - Permits for employment outside regular hours—Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 290 - Permits for employment outside regular hours—Penalties
Every employer who violates §§ 289 and 290 of this title or any section or provision hereof, shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five dollars ($25) or more than one hundred dollars ($100). For any subsequent violation of §§ 289 and 290 of this title or of any section or provision hereof, the delinquent employer shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000); Provided, That no complaint for a violation of §§ 289 and 290 of this title shall be dismissed on the ground of joinder of violations committed, or for defects of form, provided that the violation or violations complained of are included within the provisions of §§ 289 and 290 of this title. History —May 5, 1931, No. 80, p. 496, § 2, eff. 90 days after May 5, 1931.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/291/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 291 - Public works—Hours for laborers
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 291 - Public works—Hours for laborers
In all public works constructed in Puerto Rico, whether by contract or by administration, where the Commonwealth Government, any municipality of Puerto Rico or any commission or board approved by virtue of law, is an interested party, and where it may be necessary to employ laborers, workingmen or mechanics, these shall not be permitted or compelled to work more than eight hours daily in any natural day, excepting in cases of extraordinary emergency caused by fire, inundation or danger to lives or property; and every laborer, workingman or mechanic employed in any Commonwealth or municipal public work shall receive not less than one dollar ($1.00) for each legal day’s work performed. History —June 30, 1923, No. 11, p. 186, § 1; July 23, 1925, No. 54, p. 302, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/292/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 292 - Public works—Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 292 - Public works—Penalties
Any contractor, subcontractor or other person performing any public work of the Commonwealth government or of any municipality of Puerto Rico, violating the provisions of § 291 of this title, shall be deemed guilty of [a] misdemeanor, and upon conviction shall be fined a sum not to exceed twenty-five dollars ($25) or confined in jail for a term of not more than twenty-five (25) days, or shall suffer both penalties. History —June 30, 1923, No. 11, p. 186, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/293-294/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§§ 293, 294 - Repealed. Act Apr. 8, 2011, No. 54, § 1, eff. Apr. 8, 2011
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › §§ 293, 294 - Repealed. Act Apr. 8, 2011, No. 54, § 1, eff. Apr. 8, 2011
History —Mar. 12, 1908, p. 170, § 1; Repealed. Act.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/294/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 294 - Hours of labor for railroad employees—Penalties [Repealed]
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 294 - Hours of labor for railroad employees—Penalties [Repealed]
History —Mar. 12, 1908, p. 170, § 2; Repealed. Act.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/295/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 295 - One day of rest for every six days
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 295 - One day of rest for every six days
All employees of any commercial or industrial establishment, enterprise or lucrative or nonlucrative business, including those operated by nonprofit associations or organizations and charitable institutions, not subject to the provisions of former § 2201 of Title 33, relative to the closing to the public, shall be entitled to one day of rest for every six (6) working days. For the purposes of §§ 295—299 of this title, one day of rest shall be understood as a period of twenty-four (24) consecutive hours. History —Apr. 9, 1946, No. 289, p. 682, § 1; June 2, 1976, No. 121, p. 351.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/296/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 296 - One day of rest for every six (6) days—Piecework as exempt
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 296 - One day of rest for every six (6) days—Piecework as exempt
The provisions of §§ 295—299 of this title shall not be applicable to occasional or piecework. History —Apr. 9, 1946, No. 289, p. 682, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/297/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 297 - One day of rest for every six (6) days—Salary deduction prohibited
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 297 - One day of rest for every six (6) days—Salary deduction prohibited
No employer shall deduct any sum from the salary of any employee for the day of rest established by §§ 295—299 of this title. History —Apr. 9, 1946, No. 289, p. 682, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/298/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 298 - One day of rest for every six (6) days—Double wages for work on day of rest
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 298 - One day of rest for every six (6) days—Double wages for work on day of rest
Any employer who employs or permits an employee to work on the day of rest established by §§ 295—299 of this title shall be obliged to pay said employee for the hours worked during such day of rest a rate double the salary rate agreed upon for regular working hours. History —Apr. 9, 1946, No. 289, p. 682, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-13/299/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 13 - Working Hours and Days (§§ 271 — 299)›§ 299 - One day of rest for every six (6) days—Definition of employee
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 13 - Working Hours and Days (§§ 271 — 299) › § 299 - One day of rest for every six (6) days—Definition of employee
For the purposes of §§ 295—299 of this title, employees shall be understood to mean any employee, laborer, clerk, workman, day laborer or person who works for an employer for a salary, wage, or any other compensation. Employee shall not be understood, however, to mean professionals, executives and administrators. History —Apr. 9, 1946, No. 289, p. 682, § 5; Apr. 27, 1950, No. 130, p. 336, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-14/301/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312)›§ 301 - Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312) › § 301 - Definitions
For the purposes of this chapter, the following terms shall have the meanings indicated hereinbelow: (a) Day.— Shall mean a period of twenty-four (24) consecutive hours, which begin and end at midnight. (b) Business establishment.— Shall mean any site, store or similar place where any type of business operation or commercial activity for the sale or transfer of retail articles is carried out, or that is owned by the same corporation or natural or juridical person. (c) Employee.— Shall mean any fulltime or part-time employee; professional employee, executive or administrator who works in the business establishment; or employee by contract. History —Dec. 1, 1989, No. 1, p. 633, § 2; Jan. 23, 2006, No. 24, § 2; Nov. 16, 2009, No. 143, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-14/302/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312)›§ 302 - Full-day closing
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312) › § 302 - Full-day closing
Commercial establishments that operate in hotels, paradores, condo hotels, airports, sea ports, or in zones classified as tourist, old or historical zones, or commercial establishments devoted predominantly to the service or sale of items of tourist interest; establishments that operate in facilities devoted to cultural, artisanry, recreational, or sports activities; establishments devoted mainly to fixing and selling prepared meals directly to the public; drugstores; gas stations and commercial establishments located therein; bookstores, posts, kiosks, or stands that sell books, magazines, newspapers, and literary and musical publications or recordings; establishments that operate as part of the facilities of a funeral home or cemetery; and establishments and farmer’s markets, shall not be subject to the restriction on opening provided for under this section. In tourist zones, municipal legislatures may vary the opening and closing hours of commercial establishments devoted to the sale of alcoholic beverages or establishments that disrupt the peace of residents of said zone, by using the procedures established in §§ 4001 et seq. of Title 21, known as the “Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991”. Neither shall these restrictions apply to business establishments operated exclusively by their owners or their owners’ relatives within second-degree of consanguinity or affinity, nor to business establishments owned by natural or juridical persons which do not have more than twenty-five (25) employees in their weekly payroll, including employees under contract. When a business establishment engages in operations covered under the exceptions of this section together with operations not subject to such exceptions, such business may only engage in exempted operations on full-day closing dates established in this section and within the Sunday business-hour schedule established in § 303 of this title. Business establishments not mentioned in this section shall remain closed all day without any type of work being performed, except that at the discretion of the owner, agent, manager or person in charge of the business, those tasks that are related to the continuity of its operations and maintenance may be performed on the following dates: (a) January 1 (b) January 6 (c) Good Friday (d) Easter Sunday (e) Mother’s Day (f) Father’s Day (g) General Elections Day (h) Thanksgiving (i) December 25 History —Dec. 1, 1989, No. 1, p. 633, § 3; Dec. 31, 1997, No. 212, § 1; Nov. 16, 2009, No. 143, § 3; July 30, 2010, No. 115, § 1, retroactive to Nov. 16, 2009.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-14/304/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312)›§ 304 - Sunday opening and pay
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312) › § 304 - Sunday opening and pay
Business establishments, except for those mentioned in § 302 of this title, shall remain closed to the public on Sundays from 5:00 a.m. to 11:00 a.m. only, without being able to perform any kind of work outside of the hours established in this section, except that, at the discretion of the owner, agent, manager or person in charge of the business, such establishments may perform those tasks that are related to the continuity of their operations and maintenance of their physical facilities. As for drug stores and business establishments operating drug stores, the latter and the former may only sell before 11:00 a.m. on Sundays and on the dates listed in § 302 of this title, prescription drugs, nonprescription drugs, and healthcare devices, as these terms are defined in §§ 407 et seq. of Title 20, and the regulations thereunder, as well as items for baby care, hygiene and grooming, baked goods, school supplies, newspapers, books, magazines, and such other items as the Department of Consumer Affairs may establish by regulation. All business establishments, as defined in this chapter, except for establishments listed in the following sentence, shall be under the obligation to pay employees working on Sundays a minimum compensation of eleven (11) dollars and fifty (50) cents per hour worked such days. An exemption on the minimum Sunday compensation clause is hereby provided for business establishments operated exclusively by their owners or their owners’ relatives with second-degree of consanguinity or affinity; business establishments owned by natural or juridical person with not more than twenty-five (25) employees in their weekly payroll, including employees under contract; business establishments operating in hotels, inns, condo-hotels, airports, and sea ports; establishments operating in facilities devoted to cultural, artisan, recreational or sports activities; establishments primarily devoted to the manufacture and the direct sale to the public of prepared meals; book stores or stands or kiosks devoted to the sale of books, magazines, newspapers, and literary or musical recordings or publications; galleries, workshops, centers or kiosks devoted to the sale of Puerto Rican works of art or artisanry items; establishments and farmers’ markets; and business establishments at funeral homes or cemeteries. History —Dec. 1, 1989, No. 1, p. 633, § 5; Dec. 31, 1997, No. 212, § 3; Nov. 16, 2009, No. 143, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-14/310/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312)›§ 310 - Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312) › § 310 - Penalties
All infractions of the provisions of this chapter shall constitute unjust and unfair trade practices or tactics. The Department of Consumer Affairs shall oversee faithful compliance with this chapter, and in terms of open business hour schedules and days, such Department shall impose on violators of this chapter, administrative fines of not less than five thousand (5,000) dollars and not greater than fifty thousand dollars ($50,000) per infraction, which moneys shall be covered into the funds of such Department. History —Dec. 1, 1989, No. 1, p. 633, § 11; Dec. 31, 1997, No. 212, § 4; Sept. 17, 2004, No. 379, § 1; renumbered as § 5 and amended on Nov. 16, 2009, No. 143, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-14/312/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312)›§ 312 - Suspension of effectiveness
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 14 - Regulation of Operation of Commercial Establishments (§§ 301 — 312) › § 312 - Suspension of effectiveness
The Governor of Puerto Rico may, through executive order, suspend the effectiveness of § 302 of this title upon the occurrence of special circumstances that alter or threaten to alter the social and/or economic order, such as storms, hurricanes, earthquakes, tidal waves, other meteorological phenomena of great force, floods, fires of great proportions, wars, and strikes, among others. In the event of floods, storms, and hurricanes, the suspension may be decreed from the time the first warning advisory is issued and shall cease as soon as the Governor of Puerto Rico so decrees by Executive Order. The suspension of the effectiveness of § 302 of this title may also be decreed by municipal governments. The Executive Order or municipal ordinance issued under the provisions of this section shall indicate, in each case, the reasons that motivated it, and which part of the jurisdiction of Puerto Rico is covered or whether only certain municipalities are thus covered. The term of duration shall in no case exceed sixty (60) days. History —Dec. 1, 1989, No. 1, p. 633, § 14, renumbered as § 6 and amended on Nov. 16, 2009, No. 143, § 6.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/346/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 346 - Scaffold and ladder regulations
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 346 - Scaffold and ladder regulations
All kinds of scaffolds, elevators, hoists, platforms, or ladders, or any other mechanical appliance, whether portable or fixed, placed, or constructed by any person, firm, or corporation in this Commonwealth for the purpose of building, repairing, altering, destroying, or painting any house, building, bridge, viaduct, or any other kind of construction whatever, shall be constructed in a secure, suitable, and convenient manner, and so placed when in operation as to offer proper and adequate protection to the life and limbs of the person or persons working thereon or passing thereunder, and in such manner as to prevent the falling to the ground of any materials or [implements] placed thereon. Every scaffold, platform, or other similar appliance shall be, if possible, at least two feet wide and shall have a safety partition and railing, forming a closed rectangle, which shall be thirty-six (36) inches in height from the floor or surface of said scaffold or platform and shall extend the full length thereof, be solidly constructed and be firm and secure enough to prevent its giving way from the building or construction. The Secretary of Labor and Human Resources or his representatives are hereby authorized to stop any work where the above provisions are being violated, and to require such changes and modifications as he may consider necessary for the protection of the life or limbs of the persons employed in said places, before the work may continue. History —May 6, 1936, No. 61, p. 314, § 1, eff. 90 days after May 6, 1936.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/347/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 347 - Scaffold and ladder regulations—Notice of use of scaffolds
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 347 - Scaffold and ladder regulations—Notice of use of scaffolds
Any natural or [juridical] person attempting to carry out in Puerto Rico any work where the construction of scaffolds is necessary shall be required to notify the Secretary of Labor and Human Resources in writing within the first five (5) days after commencing work, indicating the nature of the work to be done, the date when such work was commenced, as well as the municipality wherein the work is to be done. History —May 6, 1936, No. 61, p. 314, § 2, eff. 90 days after May 6, 1936.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/348/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 348 - Scaffold and ladder regulations—Penalties
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 348 - Scaffold and ladder regulations—Penalties
Any person, or the administrator, superintendent, foreman, majordomo, or representative of said person who violates §§ 346—348 of this title shall be punished by a minimum fine of twenty-five dollars ($25) or by imprisonment in jail for a maximum term of sixty (60) days. History —May 6, 1936, No. 61, p. 314, § 3, eff. 90 days after May 6, 1936.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/349/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 349 - Acquisition of safety models and devices—1949
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 349 - Acquisition of safety models and devices—1949
The Manager of the State Insurance Fund is hereby authorized to invest, from the reserve funds and surpluses in the State Insurance Fund created by §§ 1—42 of Title 11, the sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, for the acquisition or production of safety models and devices for the agricultural and industrial workmen of the Commonwealth of Puerto Rico. History —Apr. 25, 1949, No. 84, p. 206, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/350/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 350 - Acquisition of safety models and devices—1949; purchase or production of models; sale to emp...
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 350 - Acquisition of safety models and devices—1949; purchase or production of models; sale to employers
For the purposes of §§ 349 and 350 of this title, the Manager of the State Insurance Fund may acquire said models and devices through the firms or dealers selling them, or encourage the preparation and production thereof with the collaboration of the Corporation Prison Industries of Puerto Rico, the School of Industrial Arts, and the Occupational Therapy Section of the State Insurance Fund, or any other public or private agency or instrumentality; Provided, That the models and devices so acquired by purchase or produced upon the encouragement of the State Insurance Fund shall, after the efficiency thereof has been established by experiments therefor with the assistance of the Division for the Prevention of Accidents of the State Insurance Fund, be issued at cost to employers subject to Chapter 1 of Title 11. History —Apr. 25, 1949, No. 84, p. 206, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/351/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 351 - Safety models and devices, acquisition—1959
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 351 - Safety models and devices, acquisition—1959
The Manager of the State Insurance Fund is hereby authorized to place at the disposal of the Department of Labor and Human Resources, from the reserve and surplus funds of the State Insurance Fund, the sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, for the purchase or production of safety models and devices for the protection of workmen in agricultural and industrial occupations in Puerto Rico. History —June 16, 1959, No. 42, p. 107, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/352/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 352 - Safety models and devices, acquisition—1959; purchase or production; sale to employers
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 352 - Safety models and devices, acquisition—1959; purchase or production; sale to employers
The Department of Labor and Human Resources, through its Labor Accident Prevention Bureau, may acquire said models and devices from firms or dealers selling them, or may encourage the preparation and production thereof with the collaboration of the Prison-Industries Corporation of Puerto Rico, the School of Industrial Arts, and the Section of Occupational Therapy of the State Insurance Fund, or any other public or private agency or instrumentality. The models and devices so acquired by purchase or produced under encouragement of the Department of Labor and Human Resources, once [they have] established their efficiency through experiments ad hoc, shall be sold at cost to the employers subject to §§ 1—42 of Title 11. The proceeds of the sales made shall be repaid into the trust fund created to carry on the program. History —June 16, 1959, No. 42, p. 107, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/353/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 353 - Maximum authorized loads
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 353 - Maximum authorized loads
It is hereby prohibited and declared illegal that a human being should lift, transport or bear on his person any kind of a load weighing more than the limits the Secretary of Labor and Human Resources may establish by regulation. History —May 22, 1968, No. 49, p. 81, § 1; June 22, 1975, No. 40, p. 97, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/354/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 354 - Penalties—Generally
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 354 - Penalties—Generally
Every person allowing, compelling, employing or inducing another person to lift, transport or bear on his person any load weighing more than the limits the Secretary of Labor and Human Resources may establish by regulation, shall be guilty of a misdemeanor and upon conviction, shall be punished by imprisonment in jail for not more than ninety (90) days, or by a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or both penalties, in the discretion of the court. History —May 22, 1968, No. 49, p. 81, § 2; June 22, 1975, No. 40, p. 97, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/355/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 355 - Penalties—For employers
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 355 - Penalties—For employers
Every employer, superintendent, timekeeper or person in any way in charge of any laborer, who may request, permit, compel or induce said laborer to lift, transport or bear on his person any load weighing more than the limits the Secretary of Labor and Human Resources may establish by regulations shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for not more than ninety (90) days or by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or by both penalties in the discretion of the court. History —May 22, 1968, No. 49, p. 81, § 3; June 22, 1975, No. 40, p. 97, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/355a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 355a - Penalties—For illegal dismissal or onerous conditions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 355a - Penalties—For illegal dismissal or onerous conditions
Every employer who fires, suspends, lowers the wages, demotes or imposes or attempts to impose more onerous working conditions on one of his employees, or who refuses to hire or rehire a person because he refuses to lift, transport or bear on himself any kind of a load weighing more than the maximum limits established by law or by regulation of the Secretary of Labor and Human Resources of Puerto Rico: (a) Shall incur civil liability: (1) For a sum equal to two times the amount of the damages the act has caused to the employee or applicant for employment; (2) or for an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if the pecuniary damages cannot be determined; (3) or for two times the amount of the damages caused if said amount is lower than one hundred dollars ($100), and (b) shall also be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or by both penalties, in the discretion of the court. The court, in the judgment it may render in civil actions initiated under the preceding provisions, may direct the employer to reinstate the worker in his employment, and to cease and desist [of] the action in question. History —May 22, 1968, No. 49, p. 81, added as § 3-A on June 22, 1975, No. 40, p. 97, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/356/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 356 - Powers of Secretary
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 356 - Powers of Secretary
The Secretary of Labor and Human Resources is hereby vested with full powers to regulate hereafter everything relative to the matter covered by §§ 353—358 of this title, introducing those other standards that the new scientific advances and medical discoveries may so advise, regulating the authorized maximum weights both for adults and minors without making distinction as to sex, providing that every person, whether an adult or minor, lift, transport or bear on himself only that weight that he can individually lift, transport or bear in such a way as to avoid undue fatigue and a very great effort, so that there shall be no danger to his health and security at any time; providing likewise regulations to these effects for the pregnant woman so that her health or that of the child shall not be affected; and providing moreover regulations for any kind of provisional disability. In the approval and drafting of the regulations authorized by §§ 353—358 of this title, the Secretary of Labor and Human Resources shall be governed by the proceeding established for those same purposes by Act May 5, 1939, No. 112. History —May 22, 1968, No. 49, p. 81, § 4; June 22, 1975, No. 40, p. 97, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/357/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 357 - Weight-lifting sport
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 357 - Weight-lifting sport
Sections 353—358 of this title shall not apply to the weight-lifting sport. History —May 22, 1968, No. 49, p. 81, § 5, eff. 90 days after May 22, 1968.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-15/358/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 15 - Safety of Workmen (§§ 321 — 358)›§ 358 - Safety of laborers regulation
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 15 - Safety of Workmen (§§ 321 — 358) › § 358 - Safety of laborers regulation
Sections 353—358 of this title by no means limit the faculty vested in the Secretary of Labor and Human Resources by other laws to regulate everything relative to the safety of laborers, provided no distinction is made on account of sex. History —May 22, 1968, No. 49, p. 81, § 7; June 22, 1975, No. 40, p. 97, § 6.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361 - Short title
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361 - Short title
Sections 361—361aa are hereby designated as the “Occupational Safety and Health Act” by which name it shall be cited. History —Aug. 5, 1975, No. 16, p. 605, § 1; June 24, 1977, No. 116, p. 295, § 1.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361a - Statement of purposes
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361a - Statement of purposes
The Constitution of the Commonwealth of Puerto Rico in Article II of its Bill of Rights guarantees that each employee shall be entitled to be protected against health and personal hazards in his work or employment. (a) The Legislature of the Commonwealth of Puerto Rico declares it to be its purpose and policy, through the exercise of its powers to provide for the general welfare, to guarantee as far as possible to each employee in the Commonwealth of Puerto Rico safe and healthful working conditions and to preserve our human resources and thereby minimize family and personal accidents and the financial losses resulting from labor injuries and diseases: (1) By authorizing the Secretary of Labor and Human Resources to adopt any federal standards established for occupational safety and health. (2) By providing for the development and approval of other occupational safety and health standards. (3) By providing an efficient enforcement program which shall include a prohibition against giving advance notice of any inspection, and sanctions for any individual violating this prohibition. (4) By conferring to the Secretary of Labor and Human Resources full responsibility and authority to enforce all the provisions of §§ 361—361aa of this title and all the occupational safety and health standards, rules, regulations and orders promulgated hereunder. (5) By encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and by stimulating employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions. (6) By providing that employers and employees have separate but mutually dependent responsibilities and rights with respect to achieving safe and healthful working conditions. (7) By promoting the joint efforts of workers and employers to reduce injuries and diseases arising from employment. (8) By providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of §§ 361—361aa of this title and to accurately describe the nature of the occupational safety and health problems. (9) By providing for effective and unified methods for the compilation of occupational safety and health statistics and data related to the occupational safety and health field in the Commonwealth of Puerto Rico, including agencies, instrumentalities and municipalities of the Puerto Rico Commonwealth Government. (10) By providing for training programs to increase the number and competence of the personnel engaged in the field of occupational safety and health. History —Aug. 5, 1975, No. 16, p. 605, § 2.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361b - Definitions
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361b - Definitions
The following terms as they appear used in §§ 361—361aa of this title shall be construed as follows: (a) Place of employment.— Means and includes every place, whether in or out of doors, or underground and urban or rural lands appurtenant thereto, including any common areas of multiple dwellings, residential buildings or other structures where any industry, trade, service or business is temporarily or permanently carried on, or where any process or operation, directly or indirectly related to any industry, trade, service or business is carried on and where any person is directly or indirectly employed by another who derives direct or indirect gain or profit; but shall not include the premises of private residences or dwellings where persons are employed in domestic services. (b) Employment.— Means and includes any trade, occupation, service or manufacturing process or any method to carry on said trade, occupation, service or manufacturing process, in which any person may be engaged or permitted to work, excepting domestic service. (c) Employer.— Means and includes any individual, natural or juridical person and any individual representing said natural or juridical person and/or who exercises authority over any employment or employee, including the Government of the Commonwealth, the public corporations and municipalities. (d) Person.— Means one or more individuals, natural or [juridical] including partnerships, associations, corporations, business trusts, legal representatives or any organized group of persons. (e) Employee.— Means and includes every man, woman and minor employed in any place of employment by an employer. (f) Department.— Means the Department of Labor and Human Resources of the Commonwealth of Puerto Rico. (g) Secretary.— Means the Secretary of Labor and Human Resources of the Commonwealth of Puerto Rico. (h) Occupational safety and health standard.— Means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, processes, devices, safeguards or personal protective equipment reasonably necessary or appropriate to provide safe and healthful employment and places of employment. (i) Safe or safety.— As applied to an employment or place of employment means those methods, means and systems that are reasonably necessary to protect the safety and health of any employee. (j) Established federal standard.— Means any operative occupational safety and health standard promulgated under the Federal Occupational Safety and Health Act of 1970. (k) Owner.— Includes any lessor, agent or manager, means any person having control over any place used in whole or in part as a place of employment. (l) Special Fund for the Promotion of Occupational Safety and Health.— Means a fund created to receive all moneys collected by the Secretary of the Treasury by virtue of the penalties imposed by § 361x of this title. History —Aug. 5, 1975, No. 16, p. 605, § 3; Dec. 19, 2002, No. 281, § 1, eff. 30 days after Dec. 19, 2002.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361c - Applicability
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361c - Applicability
Sections 361—361aa of this title shall apply to every employment performed in any workplace in the Commonwealth of Puerto Rico. History —Aug. 5, 1975, No. 16, p. 605, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361d - Power to contract with the Government
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361d - Power to contract with the Government
The Secretary of Labor and Human Resources shall have the power and authority to enter into such agreements or contracts, including bargaining and grants arrangements, with the Federal Secretary of Labor and Human Resources and other agencies of the United States and of the different states of the United States, as well as with the departments, agencies, instrumentalities and dependencies of the Government of the Commonwealth of Puerto Rico and its municipalities, as may be necessary to achieve the purposes of §§ 361—361aa of this title. History —Aug. 5, 1975, No. 16, p. 605, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361e - Duties of employers, employees and owners
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361e - Duties of employers, employees and owners
(a) Each employer shall furnish to each of his employees employment and a place of employment free from recognized hazards which are causing or may cause death or serious physical harm to his employees. (b) Each employer shall provide and insure the use of safety devices, safeguards and the personal protective equipment that may be prescribed or required by the Secretary, or that may be reasonably necessary, without any cost to any employee. (c) Each employer shall comply with the occupational safety and health standards promulgated under §§ 361—361aa of this title and with the rules, regulations and orders issued pursuant thereto. (d) Every employer must notify the Secretary of Labor or the person designated by him/her when a serious or fatal accident takes place within eight (8) hours following the accident. The Secretary shall determine the method of notification. (e) Each employee shall comply with the occupational safety and health standards and with all the rules, regulations and orders issued pursuant to §§ 361—361aa of this title which are applicable to his own actions and conduct. (f) Each employee shall use and take care of the personal protective equipment furnished to him by his employer. (g) No employee shall remove, displace, damage, destroy, take or fail to use any safety device or safeguard which has been furnished or provided to be used in any employment or place of employment, nor in any way interfere with said safety device while it is being used by another person, nor shall any employee interfere with the use of any method, process or system adopted for the protection of employees, nor fail or neglect to do everything that may be reasonably necessary to protect the safety and life of himself as well as of other employees. Noncompliance with this subsection on the part of the employee shall not relieve the employer from his duties under §§ 361—361aa of this title. (h) Each owner of any premises used in whole or in part as a place of employment shall comply with all the occupational safety and health standards and all rules, regulations and orders issued pursuant to §§ 361—361aa of this title, with respect to those parts of the premises under his control and not under the control of the employer. Failure to comply therewith shall make the owner of said premises subject to the enforcement proceedings and the penalties applicable to employers under §§ 361—361aa of this title. Such owner shall have the same rights as an employer under §§ 361—361aa of this title. Nothing in this section shall be construed to relieve an employer of his duties under this section. History —Aug. 5, 1975, No. 16, p. 605, § 6; Dec. 19, 2002, No. 281, § 5, eff. 30 days after Dec. 19, 2002.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361f/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361f - Duties and powers of the Secretary
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361f - Duties and powers of the Secretary
(a) It shall be the duty of the Secretary to administer and enforce §§ 361—361aa of this title and he shall have the following powers and duties: (1) To adopt, approve, amend or repeal in whole or in part any occupational safety and health standard, rules and regulations relating to the protection of the safety and health of the employees at their place of employment. (2) To establish and prescribe any safety devices or systems, safeguards, personal protective equipment or other protective means or methods to insure the protection of the safety and health of the employees at their place of employment. (3) To establish a program for the approval of any specific safety device, safeguard or personal protective equipment as he may deem necessary. (4) To provide for the development of scientific research and training programs and for the compilation and analysis of statistics and related data in the field of occupational safety and health. (5) To establish, amend or repeal any administrative proceedings or rules and regulations which he may deem necessary or adequate for the proper administration of §§ 361—361aa of this title or to carry out his responsibilities thereunder. (6) To impose administrative fines for violations of §§ 361—361aa of this title or of the standards, rules, regulations and orders adopted or promulgated pursuant to such sections. (7) To carry out any other activities or programs which he may deem necessary or proper to achieve the purposes of sections 361—361aa of this title. (8) To promote the establishment of safety committees at work places constituted by workers or labor unions, and employers. History —Aug. 5, 1975, No. 16, p. 605, § 7; Dec. 19, 2002, No. 281, § 6, eff. 30 days after Dec. 19, 2002.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361g/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361g - Federal standards established
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361g - Federal standards established
(a) The Secretary may adopt, in his discretion, any established federal standard, or amendment thereto, in whole or in part, as may be applicable to the working conditions in the Commonwealth of Puerto Rico and which he may determine will assure the greatest protection of the safety and health of the affected employees. In the event that the Secretary adopts an established federal standard, or amendment thereto, there existing in the Commonwealth of Puerto Rico a standard promulgated or in force under §§ 361—361aa of this title related to the same matter, the existing standard shall be set aside immediately after the adoption and effective date of the established federal standard, or amendment thereto. In any of the preceding cases, the Secretary shall not be required to follow the procedure established in §§ 361h and 361j of this title, except to give public notice of his acts. (b) Notwithstanding the promulgation requirements of Act June 39, 1959, No. 112, any established federal standard, or amendment thereto, adopted by the Secretary, shall take effect thirty (30) days after it has been filed with the Department of State of the Commonwealth of Puerto Rico in the English language only, and the other requirements of said sections are met. The Secretary shall file before the Department of State the Spanish version of said standard or amendment not later than two (2) years after the original filing date. History —Aug. 5, 1975, No. 16, p. 605, § 8; June 24, 1977, No. 116, p. 295, § 2; Dec. 19, 2002, No. 281, § 2, eff. 30 days after Dec. 19, 2002.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361h/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361h - Occupational safety and health standards to be approved by the Secretary
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361h - Occupational safety and health standards to be approved by the Secretary
(a) The Secretary is authorized to approve, amend or revoke, in whole or in part, any occupational safety and health standard at his own initiative. The Secretary may consider for approval any draft for and/or amendment of occupational safety and health standards submitted by employers, employees and other interested persons. (b) The Secretary shall give public notice of any proposed standard or amendment or order revoking an existing standard by publication of a notice in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico, affording the interested parties a period of thirty (30) days after publication to submit written data or comments. (c) On or before the last day of the period provided for submission of written data or comments under subsection (b) of this section, any interested person may file with the Secretary written objections to the proposed standard, amendment or revoking order stating the grounds therefor and requesting a public hearing on such objections. Within thirty (30) days after the last day for filing such objections, the Secretary shall publish in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico a notice specifying the occupational safety and health standard to which the objections have been filed and a hearing requested, and specifying a time and place for such hearing. In the event such objections are not filed in writing, the Secretary may, if he deems it necessary, hold a public hearing for the general discussion of the proposed standard, amendment or revoking order, giving notice of said hearing on the date and in the manner herein described. Any hearing under this subsection shall be held at least thirty (30) days after publication of the notice but not later than forty-five (45) days after such publication. (d) At the hearing held under subsection (c) of this section any party interested in or affected by the proposed standard, amendment or revoking order shall be entitled to appear and testify. The Secretary shall establish by rule the proceedings for holding the hearing and shall preside over the same. (e) The Secretary shall issue an order approving, amending or revoking an occupational safety and health standard or make a determination that said order should not be issued within ninety (90) days after the date of the public hearing held under subsection (c) of this section. If a public hearing has not been held, the Secretary shall issue said order or make said determination within sixty (60) days after the expiration of the period provided for the submission of written data and comments under subsection (c) of this section. In approving a standard or amendment thereto the Secretary may provide for the postponement of its effective date for a period not exceeding ninety (90) days, when the Secretary determines that it is necessary to give more information to the affected employees and to the employers of the existence of the standard and of its terms and requirements. History —Aug. 5, 1975, No. 16, p. 605, § 9.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361i - Warning labels and medical examinations
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361i - Warning labels and medical examinations
(a) The Secretary, in approving or adopting standards dealing with toxic materials or harmful physical agents under §§ 361—361aa of this title, shall set the standard which most adequately assures, to the extent feasible and on the basis of the best available evidence, that no employee shall suffer material impairment of health or functional capacity, even if such employee is regularly exposed to the hazard dealt with by such standard for the period of his working life. Development of standards under this subsection shall be based upon scientific research, demonstrations, experiments and such other information as may be appropriate, including recommendations of the Secretary of Health. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards and the experience gained under §§ 361—361aa of this title and other health and safety laws. Whenever feasible, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. (b) Any standard adopted or approved under §§ 361—361aa of this title shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are advised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions for safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals and in such manner as may be reasonably necessary for the protection of employees. In addition, where appropriate, any such standard shall indicate the type and frequency of the medical examinations or other tests which shall be made available, at the employer’s cost, to employees exposed to such hazards, in order to determine most effectively whether the health of such employees is adversely affected by such exposure. The results of all such examinations and tests shall be furnished to the Secretary and to the employer, and at the request of the employee, to the latter or to his physician. (c) The Secretary may make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical examinations, as may be warranted by experience, information or medical or technological developments acquired subsequent to the promulgation of the pertinent standard. (d) During such time as an employee is submitted to a medical examination under subsection (b) of this section, his employer shall be under obligation to reserve the employment held by such employee at the time he was submitted to the examination and to reinstate the employee provided that: (1) The employee requests his employer to reinstate him within fifteen (15) days after he is ordered by the examining physician to return to work, and (2) the employment still exists at the time the employee requests his reinstatement. (It shall be deemed that the employment exists when it is vacant or when it is held by another employee. It shall be assumed that the employment was vacant when it is filled by another employee within thirty (30) days after the date reinstatement was sought.) (e) Nothing in this or another provision of §§ 361—361aa of this title shall be construed to authorize or request medical examination, vaccination or treatment for those who object to the same on religious grounds, except when it may be necessary for the protection of the health and safety of others. History —Aug. 5, 1975, No. 16, p. 605, § 10.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361j/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361j - Public notices and publication of standards, rules, regulations and orders of variances
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361j - Public notices and publication of standards, rules, regulations and orders of variances
(a) Prior to the approval, amendment or revocation of any rule or regulation, the Secretary shall give public notice of the proposed action by its publication in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico. The Secretary shall grant the interested parties a period of thirty (30) days after publication to submit written data or comments. (b) Except as provided in §§ 361g, 361h(e) and 361 l of this title, all standards, amendments, orders revoking the same, rules and regulations, once approved by the Secretary shall take effect thirty (30) days after their promulgation. (c) The Secretary shall give public notice of all the orders of variances under §§ 361m and 361n of this title, by publication of a notice of the action taken in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico within twenty-five (25) days subsequent to the date of issuance. (d) The Secretary shall provide, on the basis of the request for and availability thereof, a reasonable number of copies of the standards, rules, regulations and orders of variances, which may be printed by the Department to the persons affected thereby. The Secretary may sell additional copies thereof at reasonable prices. (e) The Secretary shall keep copies of the standards, rules, regulations and orders of variances, to be examined by any interested persons and the public in general, in the offices of the Department. The Secretary may destroy any records or documents dealing with standards, rules, regulations or orders of variances which are no longer in force. (f) All standards, rules and regulations promulgated pursuant to §§ 361—361aa of this title shall be in force and shall be prima facie reasonable and lawful until otherwise decided by a competent court of justice, or until amended or revoked by the Secretary and no standard, rule or regulation in force shall be declared ineffective, illegal or void because of any omission of a technical character existing therein. History —Aug. 5, 1975, No. 16, p. 605, § 11.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361k/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361k - Records
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361k - Records
The Secretary shall keep an accurate record by any means available for keeping records of each public hearing and the documents relating therewith held before the Secretary as authorized herein. The Secretary shall also keep record of any action taken as a result of such hearings. History —Aug. 5, 1975, No. 16, p. 605, § 12.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361l/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361l - Emergency occupational safety and health standards
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361l - Emergency occupational safety and health standards
(a) The Secretary shall provide, without regard to §§ 361g, 361h and 361j of this title (excepting subsections (d) and (e) of § 361j of this title) for an emergency temporary standard to take effect immediately after publication of a notice in two (2) newspapers of general circulation in the Commonwealth of Puerto Rico, without regard to the requirements of Act June 30, 1957, No. 112, if he determines: (1) That the employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or to hazards not covered by other existing standards, and (2) that such emergency standard is necessary to protect employees from such danger. (b) At the first opportunity the Secretary shall file such emergency temporary standard with the State Department for promulgation. Each emergency temporary standard as herein provided, shall be effective for a period not exceeding twelve (12) months. (c) Within the period of twelve (12) months after its effective date, such standard may be superseded by a standard promulgated in accordance with §§ 361—361aa of this title. History —Aug. 5, 1975, No. 16, p. 605, § 13.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361m/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361m - Temporary variances
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361m - Temporary variances
(a) Any employer may apply to the Secretary for a temporary order for a variance from a standard or any provision thereof promulgated under §§ 361—361aa of this title. This temporary order shall be granted only if the employer files a petition which complies with the requirements of subsection (b) of this section and proves that: (1) He is unable to comply with a standard as of its effective date, because of the unavailability of professional or technical personnel, or of the materials and equipment needed to comply with the standard or because the necessary construction or altering of facilities cannot be completed on the effective date; (2) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and (3) he has an effective program for complying with the standard as soon as possible. (A) Provided the requirements of this section are met, and (B) if the application for renewal is filed at least ninety (90) days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than one hundred eighty (180) days. Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes which the employer shall adopt and use while the order is in effect and state in detail his program for complying with the standard. Such a temporary order may be granted only after notice to the employees and an opportunity for a hearing; Provided, That the Secretary may issue one interim order to be effective until the decision is made on the basis of the hearing. No temporary order shall be in effect for longer than the period needed by the employer to comply with the standard, or for one year, whichever is shorter, except that such orders may be renewed not more than twice: (b) An application for a temporary order under this section shall contain: (1) Name and address of the employer and exact location of place of employment described in the application for variance; (2) specification of the standard or portion thereof from which the employer seeks a variance; (3) a representation of the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor; (4) a statement of the steps he has taken and will take (with specific dates) to protect the employees against the hazard covered by the standard; (5) a statement of when he expects to be able to comply with the standard and what steps he has taken and will take (with dates specified) to come into compliance with the standard, and (6) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a notice giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how the employees have been informed shall be contained in the certification. The information to the employees shall also inform them of their right to petition the Secretary for a hearing. (c) The Secretary is authorized to grant a variance from any standard or portion thereof whenever he determines that such variance is necessary to permit an employer to participate in an experiment approved by the Secretary, designed to demonstrate or verify new or improved techniques aimed at safeguarding the health or safety of the employees. History —Aug. 5, 1975, No. 16, p. 605, § 14; June 24, 1977, No. 116, p. 295, § 3.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361n/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361n - Permanent variances
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361n - Permanent variances
Any affected employer may apply to the Secretary for an order authorizing a variance from a standard promulgated under §§ 361—361aa of this title. Affected employees shall be given notice of each such application and of the opportunity to participate in a hearing. The Secretary shall issue such order if he determines, on the basis of the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by the employer will provide to his employees employment and places of employment which are as safe and healthful as those which would prevail if he complied with the standard. The order so issued shall prescribe the conditions the employer shall maintain, and the practices, means, methods, operations and processes which he shall adopt and utilize to the extent they differ from the standard in question. Such an order may be modified or revoked upon request of an employer, of employees, or motu proprio by the Secretary, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance. History —Aug. 5, 1975, No. 16, p. 605, § 15.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361o/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361o - Procedure to review standards or orders for variances
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361o - Procedure to review standards or orders for variances
Any person who may be adversely affected by a standard promulgated under §§ 361—361aa of this title, or by an order for variance issued under § 361m or 361n of this title, may, at any time prior to the sixtieth (60th) day after the effective date of such standard or order, file a petition challenging the validity of such standard or order with the Court of First Instance, San Juan Part, of the Commonwealth of Puerto Rico, for a judicial review of such standard or order. A copy of the petition shall be forthwith transmitted by the petitioner to the Secretary. The filing of such petition shall not, unless so ordered by the court, operate as a stay of the standard or order. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole. History —Aug. 5, 1975, No. 16, p. 605, § 16; June 24, 1977, No 116, p. 295, § 4.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361p/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361p - Inspections, investigations and keeping of records
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361p - Inspections, investigations and keeping of records
(a) In order to carry out the purposes of §§ 361—361aa of this title, the Secretary or his authorized representative, upon presenting appropriate credentials to the employer, owner, operator or agent in charge, is hereby authorized: (1) To enter without delay and at any time to any place of employment, and (2) to inspect and investigate during regular working hours and at any other time and within reasonable limits and in a reasonable manner any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and to question privately any such employer, owner, operator, agent or employee. (b) Subject to the regulations issued by the Secretary dealing with the inspection of places of employment, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any place of employment under subsection (a) for the purpose of aiding in such inspection. If the authorized representative of the employees is an employee and the inspection is carried on during regular working hours, the employer shall pay to such employee his regular wage rate. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult a reasonable number of employees concerning matters of health and safety in the place of employment. (c) (1) Any employees or representatives of employees who believe that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists as contemplated in § 361v of this title, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be made in writing, shall set forth the grounds for the notice with reasonable specificity and shall be signed by the employees or their representative, and a copy thereof shall be furnished to the employer or his agent no later than at the time of inspection, except that, upon request of the person giving such notice, his name and the names of the individual employees referred to therein, shall not appear on said copy or on any record published, released, or made available pursuant to subsection (g) of this section. If, upon receipt of such notice, the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as possible to determine whether such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or their representative of such determination in writing. (2) Prior to or during any inspection of a place of employment, any employees or employee representative working in such place of employment may notify in writing the Secretary or any representative of the Secretary responsible for conducting the inspection, of any violation of §§ 361—361aa of this title which they have reason to believe exists in such place of employment. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or employee representative requesting such review, a written statement of the reasons for the final disposition of the case. (d) (1) Each employer shall make, keep, and preserve, and place at the disposal of the Secretary such records regarding his activities relating to §§ 361—361aa of this title as the Secretary may prescribe by regulation as necessary or proper for the enforcement of §§ 361—361aa of this title or for developing information regarding the causes and prevention of occupational accidents and diseases. In order to carry out the provisions of this subsection, such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under §§ 361—361aa of this title, including the provisions of applicable standards, rules and regulations. (2) The Secretary shall prescribe regulations requiring employers to keep accurate records of, and to make periodic reports on, work-related deaths, injuries and diseases, aside from minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. (3) The Secretary shall issue regulations requiring employers to keep accurate records of employee exposure to potentially toxic materials or harmful physical agents which are required to be monitored or measured under § 361i of this title. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is exposed to toxic matters or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under §§ 361—361aa of this title, and shall inform any employee thus exposed of the corrective action being taken. (e) Any information obtained by the Secretary under §§ 361—366aa of this title shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent possible. (f) The Secretary may require any information and data he deems necessary to carry out the purposes of §§ 361—361aa of this title from any other department, agency, instrumentality, or dependency of the state or municipal government of the Commonwealth of Puerto Rico. (g) The Secretary is hereby authorized to compile, analyze and publish either in summary or detailed form, all reports or other information obtained under this section. History —Aug. 5, 1975, No. 16, p. 605, § 17; June 24, 1977, No. 116, p. 295, § 5.
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361q/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 16 - Occupational Safety and Health (§§ 361 — 362)›§ 361q - Investigative powers
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361q - Investigative powers
In the discharge of his duties the Secretary shall have power to avail himself of the technical services of any of the officers of the Government of the Commonwealth of Puerto Rico which in his judgment may be necessary to carry out the purposes of §§ 361—361aa of this title. The Secretary shall also have power to summon witnesses, administer oaths, receive evidence, issue subpoenas and make compulsory the appearance of parties and witnesses, and the introduction of evidence; he may, personally or through officers designated to that effect, visit and examine any place of employment; and for his citations and investigations he may use the services of the justices of the peace, of the District Court and Court of First Instance, prosecuting attorneys, marshals of the District Court and Court of First Instance, employees of the Department of Labor and Human Resources or of the Police Department. In case of contumacy, failure or refusal of any person to obey an order of the Secretary requiring the attendance and testimony of parties or witnesses or the production of evidence under oath, any District Court or Court or First Instance of the Commonwealth of Puerto Rico shall have jurisdiction to issue to such person an order requiring him to appear to produce evidence as and when so ordered, and to give testimony relating to the matter under investigation or at issue. In case any person refuses access to the Secretary or his representative to any place of employment, or interferes with or limits an investigation or inspection as provided in § 361p of this title, the Secretary shall file a petition in any District Court or Court or First Instance for an order requiring that person to permit access to the place of employment described in the petition or to cease and desist from interfering with or limiting said inspection or investigation. The court shall forthwith issue the order required under penalty of contempt. Disobedience of such order may be punished by that court as a contempt thereof. History —Aug. 5, 1975, No. 16, p. 605, § 18.