url
stringlengths 42
388
| state
stringclasses 50
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361r/
|
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)›§ 361r - Citation
|
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) › § 361r - Citation
|
(a) If, upon inspection or investigation, the Secretary or his authorized representative understands that an employer has violated a requirement of § 361e of this title, or of a standard, order, rule or regulation promulgated thereunder, he shall issue with reasonable promptness a citation to the employer. Each citation shall be in writing and shall describe in detail the nature of the violation, including a reference to the provision of the act, standard, rule, regulation or order allegedly violated. Furthermore, the citation shall fix a reasonable time for the abatement of the violation. The Secretary may prescribe procedures for the issuance of a notice in lieu of a citation with respect to minimum violations which have no direct or immediate relationship to safety or health.
(b) Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Secretary, at or near each place where the violations referred to in the citation occurred.
(c) No citation shall be issued under this section after the expiration of six (6) months following the discovery of a violation during an inspection.
History —Aug. 5, 1975, No. 16, p. 605, § 19.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361s/
|
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)›§ 361s - Procedure for enforcement
|
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) › § 361s - Procedure for enforcement
|
(a) If, after an inspection or investigation, the Secretary, or his authorized representative, issues a citation under section 361r(a) of this title, he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by registered mail or other means of delivery, of the penalty, if any, he intends to assess under § 361x of this title. The employer shall have fifteen (15) days, excluding Saturdays, Sundays and holidays, from the receipt of the citation, to notify the Secretary that he wishes to contest the citation. The employer shall have also a period of fifteen (15) days, excluding Saturdays, Sundays and holidays, from the receipt of the notice of the proposed penalty, to notify the Secretary that he wishes to contest said assessment of penalty. If, within the aforesaid fifteen (15) days from the receipt of the citation or notice of the proposed penalty issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any employee, employees, or representative of employees under subsection (c) within said periods of time, the citation and/or assessment of the penalty, as proposed, shall be deemed to be a final order of the Secretary and shall not be subject to judicial review.
(b) If the Secretary has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period allowed for its correction (which period shall not begin until the Secretary notifies entry of a final order, in the case of any review proceedings under this section, initiated by the employer in good faith and not solely to delay or avoid penalties), the Secretary shall notify the employer by registered mail or other means of delivery, of such failure and of the penalty he intends to assess under § 361x of this title by reason of such failure, and that the employer has fifteen (15) days as indicated in subsection (a) within which to notify the Secretary that he wishes to contest the notice of the Secretary of the proposed assessment of penalty. If within the fifteen (15) days above-mentioned, from the receipt of the notice issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notice or the proposed assessment of penalty, the notice and the penalty, as proposed, shall be deemed a final order of the Secretary and shall not be subject to review by any court.
(c) If an employer notifies the Secretary that he intends to contest the citation issued under § 361r(a) of this title, or the notice issued under subsection (a) or (b) of this section, or if within fifteen (15) days, as already indicated, from the issuance of a citation under § 361r(a) of this title, any employee, or representative of employees, files a notice with the Secretary alleging that the period of time fixed in the citation for the correction of the violation is unreasonable, the Secretary shall immediately advise an examiner of that notice and the examiner shall afford an opportunity for a public hearing. The examiner shall thereafter issue an order, based on findings of fact, affirming, modifying or reversing the Secretary’s citation or proposed penalty, or directing other appropriate remedy; and that order shall become the Secretary’s final order thirty (30) days after notification unless a review is sought by the Secretary during said period. During such period of thirty (30) days the Secretary shall motu proprio or on request initiate the review of the examiner’s decision. The Secretary may affirm, modify or revoke the determinations and findings of the examiner only on the basis of evidence previously submitted, or on the basis of such evidence as he may order to be received. If the employer shows efforts in good faith to comply with the abatement requirements of a citation and that abatement has not been completed because of factors beyond his reasonable control, the Secretary or examiner, after an opportunity for a hearing, as provided in this subsection, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the Secretary shall provide affected employees or representatives of affected employees, an opportunity to participate as parties at the hearings under this subsection.
History —Aug. 5, 1975, No. 16, p. 605, § 20.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361t/
|
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)›§ 361t - Examiners
|
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) › § 361t - Examiners
|
(a) The Secretary shall appoint one or more examiners to hear and decide challenges of citations and proposed penalties pursuant to §§ 361r and 361s of this title. The appointment, terms of employment and compensation of the examiners shall be made in accordance with the applicable regulations of the Personnel Office of the Commonwealth of Puerto Rico.
(b) A reasonable opportunity for a hearing shall be promptly granted to all the parties and a full record of the proceedings shall be taken. The examiners shall investigate and develop all the facts concerning the controversies and shall receive and consider evidence without regard to the statutory rules of evidence. The Secretary shall adopt regulations to govern the hearing procedure consistent with the provisions of due process of law. A record shall be kept of all the testimony and proceedings of the hearing, but the testimony need not be transcribed unless further review proceedings are instituted.
(c) The examiner may order testimony to be taken by deposition in any proceedings pending before him at any stage of such proceedings. Any person may be compelled to appear and depose, and to produce books, papers or documents in the same manner as witnesses may be compelled to appear, and to testify and produce like documentary evidence before the Secretary. Witnesses summoned by the Secretary or his examiners or whose depositions are taken under this subsection, as well as the persons taking them, shall be entitled to the same fees that are paid for like services in the courts of the Commonwealth of Puerto Rico.
(d) An examiner shall hear and make a determination upon any proceeding instituted before the Secretary and upon any motion in connection therewith, and shall make a report in writing of any such determinations, which shall constitute his final disposition of the proceedings. The decision of the examiner shall become the final order of the Secretary within thirty (30) days after such decision is notified by the examiner, unless it is reviewed by the Secretary pursuant to § 361s(c) of this title.
(e) Complaints, orders and other proceedings and documents of the Secretary, his examiners or other agents, may be served personally or by mail, or by telegraph or by leaving a copy thereof at the main office or place of business of the person who is sought to be served. Return service of the server describing the manner in which it was executed shall constitute proof thereof.
History —Aug. 5, 1975, No. 16, p. 605, § 21; June 24, 1977, No. 116, p. 295, § 6.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361u/
|
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)›§ 361u - Judicial review
|
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) › § 361u - Judicial review
|
(a) Any person adversely affected or aggrieved by a final order of the Secretary issued under subsection (c) of § 361s of this title may obtain a review of such order in the Court of First Instance, San Juan Part, of the Commonwealth of Puerto Rico or in the Court of First Instance corresponding to the jurisdiction in which the violation is alleged to have occurred, by filing in said court, within thirty (30) days following the date in which the decision of the examiner becomes the final order of the Secretary, or after notice of the Secretary’s final order, a written petition praying that the order be modified or revoked. A copy of such petition shall be transmitted by the petitioner to the Secretary and to the other parties and thereupon the Secretary shall file with the court the record of the proceedings. Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein and shall have power to grant such temporary remedy or such injunction as it may deem just and proper, and to make and enter, upon the pleadings, testimony and proceedings set forth in such record, a decree affirming, modifying or revoking, in whole or in part, the order of the Secretary.
The commencement of the proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary; and Provided [,That] the petitioner posts bond securing full payment of any fine involved in each action, as the case may be. No objection that has not been raised before the Secretary shall be considered by the court, unless the failure or neglect to raise such objection may be excused because of extraordinary circumstances. The determinations of the Secretary with respect to findings of fact shall be conclusive, if supported by substantial evidence on the record considered as a whole. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence at the hearing before the Secretary, the court may order such additional evidence to be taken by the Secretary and to be made part of the record. The Secretary may modify his determinations as to the facts, or make new determinations, by reason of additional evidence so taken and filed, and he shall file such modified or new determinations, which determinations with respect to findings of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and his recommendations, if any, for the modification or revocation of the original order.
(b) The Secretary may also obtain enforcement of any final order by filing a petition for such remedy in the Court of First Instance, San Juan Part, of the Commonwealth of Puerto Rico or in the Court of First Instance Part corresponding to the jurisdiction in which the violation is alleged to have occurred. If no petition for review is filed within thirty (30) days after the date in which the examiner’s decision becomes the final order of the Secretary, or after service of the final order of the Secretary, said order shall be conclusive with respect to any petition for enforcement which is filed by the Secretary after the expiration of such thirty (30) day period. In that case, as well as in the case of a non contested citation or notification by the Secretary which has become his final order under subsection (a) or (b) of § 361s of this title, the Clerk of the Court of First Instance, unless otherwise ordered by the court, shall forthwith enter a judgment enforcing the order and shall transmit a copy of said judgment to the employer named in the petition.
(c) It is hereby provided that the petition for judicial review or enforcement provided in this section shall be exclusive and shall be given priority by the Court of First Instance. The Supreme Court of the Commonwealth of Puerto Rico may, at its discretion and through writ of certiorari, review the judgments entered by the Court of First Instance in proceedings instituted under this section.
History —Aug. 5, 1975, No. 16, p. 605, § 22.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361v/
|
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)›§ 361v - Special procedure
|
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) › § 361v - Special procedure
|
(a) Any authorized representative of the Secretary may file before any judge of the District or Court of First Instance of the Commonwealth of Puerto Rico a sworn petition alleging that the conditions or practices in any place of employment are such that a danger exists which may reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by §§ 361—361aa of this title. The court shall issue a temporary order directed to such persons requiring them to cease, under penalty of contempt, all task or work in connection with which the conditions described in the petition subsist or that such steps be taken as may be necessary to avoid, correct or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct or remove such danger or to maintain the capacity of a continuous operational process to resume normal operations without a complete cessation of operations or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner until such time as their right is judicially aired.
(1) The temporary order shall set the date of the hearing which shall be held within ten (10) days following the filing of the petition and the defendant shall be advised that he may appear, personally or through counsel, at said hearing to answer the charges made against him, and if he fails to appear a final order may be entered.
(2) Such order shall be served and returned in the same manner as the judicial order in wage claims is served and returned pursuant to §§ 3118—3132 of Title 32; Provided, That for the service and return of such order, the services of any marshal of the courts of justice of Puerto Rico, or any member of the Police Department may be used. A copy of the order and of the sworn petition shall be delivered to the defendant. Both documents shall bear the seal of the court.
(3) The defendant shall be under no obligation to file a written plea in answer to the petition, but he may submit any pertinent defense. No costs shall be charged. In the event of controversy on the facts, the court shall make an ocular inspection of the place, if it deems it convenient, or if any of the parties so requests at the hearing.
(4) The decision which shall be in writing, may order the permanent cessation of all acts alleged in the petition or definitively set aside the temporary order.
(5) The final decision shall be appealable or reviewable by the proper higher court. In such appeals or reviews and in what is not provided for herein, the provisions contained in the Rules of Civil Procedure shall govern.
(6) The exercise of the special procedure herein provided shall be independent from, and shall not bar, the assessment of any civil fine under §§ 361—361aa of this title or bar the exercise of a criminal action on the same facts.
(7) The temporary order shall be set aside before the hearing is held, without any other order of the court, when any authorized representative of the Secretary files a notice of dismissal, stating his conviction that the faults have been corrected or the acts which constituted the violation alleged in the petition have been definitively suspended.
(8) Any person who violates any temporary or permanent order issued under this special procedure shall be guilty of contempt.
(b) Whenever and as soon as an authorized representative of the Secretary concludes that conditions or practices described as situations of danger pursuant to subsection (a) exist in any place of employment, he shall inform the affected employees and the employers of the danger and that he is recommending to the Secretary that a remedy be sought.
(c) If the Secretary arbitrarily or capriciously fails to seek remedy under subsection (a) in cases where a danger exists which could reasonably be expected to cause death or physical harm immediately or before said danger can be removed through the enforcement procedures otherwise provided in §§ 361—361aa of this title, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the Secretary in the Court of First Instance, San Juan Part, or in the Part of the Court of First Instance corresponding to the geographical area where the danger is alleged to exist, for a writ of mandamus to compel the Secretary to seek such an order and for such further remedy as may be appropriate.
(d) Any workman affected by a permanent order of cessation entered under this special procedure or under an injunction proceeding instituted for the same purpose, shall be entitled to be paid by the employer, and the latter shall pay him the hours he failed to work as a result of the suspension of work because of this procedure or the injunction, up to a maximum of two hundred eight (208) hours from the date of issuance of the temporary order which thereafter became final. The compensation provided herein in case of a permanent cessation pursuant to this procedure is different from and not tantamount to that provided by Act No. 50 of Apr. 20, 1949.
History —Aug. 5, 1975, No. 16, p. 605, § 23; June 24, 1977, No. 116, p. 295, § 7.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361w/
|
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)›§ 361w - Confidentiality of secrets on industrial processes
|
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) › § 361w - Confidentiality of secrets on industrial processes
|
(a) All information reported or otherwise obtained by the Secretary or his representative in connection with any inspection or procedure under §§ 361—361aa of this title which contains or which might reveal a secret on industrial processes shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out §§ 361—361aa of this title, or when relevant in any proceeding hereunder. In any such proceedings the Secretary or the court shall issue such orders as may be appropriate to protect the confidentiality of secrets on industrial processes.
(b) Any person who acting as official or employee of the Commonwealth of Puerto Rico or of any of its municipalities, or of any department, agency, instrumentality or dependency thereof, publishes, discloses, reveals or makes known in any manner or to any extent not authorized by the Secretary, any information brought to him in the course of his employment or official duties or by reason of any inspection or investigation made by, report or record made to, or filed with, such department, agency, instrumentality, dependency, officer or employee thereof and said information deals or is connected with the secrets on industrial processes of any person or employer, shall be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one year, or both, and shall be removed from his office or employment.
History —Aug. 5, 1975, No. 16, p. 605, § 24.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361x/
|
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)›§ 361x - Penalties
|
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) › § 361x - Penalties
|
(a) Any employer who wilfully or repeatedly violates the requirements of § 361e of this title, any standard, rule or order in force pursuant to §§ 361g, 361h, 361 l, 361m and 361n of this title or of the regulations promulgated thereunder, may be assessed a civil fine of not more than seventy thousand dollars ($70,000) for each violation but never less than five thousand dollars ($5,000) for each intentional violation.
(b) Any employer who has received a citation for a serious violation of the requirements of § 361e of this title, of any standard, rule or order in force pursuant to §§ 361g, 361h, 361 l, 361m and 361n of this title, or of any regulations promulgated hereunder, shall be civilly fined not more than seven thousand dollars ($7,000) for each such violation.
(c) Any employer who has received a citation for a violation of the requirements of § 361e of this title or of any standard, rule or order in force pursuant to §§ 361g, 361h, 361 l, 361m and 361n of this title or of the regulations promulgated thereunder and such violation is specifically determined not to be of a serious nature, may be civilly fined not more than seven thousand dollars ($7,000) for each such violation.
(d) Any employer who fails to correct a violation for which a citation has been issued under § 361r(a) within the period allowed for its correction (which period shall not begin until the date of the final order of the Secretary in the case of a review proceeding under § 361s(c) initiated by the employer in good faith and not solely to delay or evade the penalties) may be civilly fined not more than seven thousand dollars ($7,000) for each day during which such failure or violation continues.
(e) Any employer who wilfully violates any standard, rule or order in force pursuant to §§ 361g, 361h, 361 l, 361m and 361n of this title, or of any regulations promulgated thereunder and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than three (3) years, or both; except that if conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment for not more than four and a half (4 1 / 2) years, or both.
(f) Any person who gives advance notice of any inspection to be conducted under §§ 361—361aa of this title, without the authorization of the Secretary or persons designated by the latter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) or by a term of imprisonment of not more than six (6) months, or both penalties.
(g) Whoever knowingly makes a false statement, representation, or certification in any application, record, report, plan or other document filed or required to be kept pursuant to §§ 361—361aa of this title, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by a term of imprisonment of not more than six (6) months, or both penalties.
(h) Any employer who violates any of the posting requirements, as prescribed under the provisions of §§ 361—361aa of this title, shall be civilly fined not more than seven thousand dollars ($7,000) for each violation.
(i) Any person who willfully resists, prevents or interferes with the Secretary, any examiner or any of his/her agents in the performances of their duties under §§ 361—361aa of this title, shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by a term of imprisonment of not more than three (3) years, or both penalties.
(j) The Secretary shall have authority to assess all civil fines provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer and the history of previous violations.
(k) The Secretary is hereby empowered to direct the temporary closing for seventy-two (72) hours of a specific workplace for which a corrective action plan has been established for and not complied with, and such noncompliance, according to the Secretary’s judgment, keeps the persons of the specific workplace in imminent danger. The Secretary may take measures to obtain an order from the Court of First Instance to extend the aforementioned term, until the ordered corrective action has been complied with.
(l) A Special Fund for the Promotion of Occupational Health and Safety is hereby created. The Fund shall be administered by a Board constituted by the Administrator of the Corporation of the State Insurance Fund (CFSE, Spanish acronym), who shall preside it; the Secretary of the Department of Labor and Human Resources; the Coordinator of the Industrial Hygiene Program of the Department of Environmental Health of the Public Health School of the University of Puerto Rico; two (2) representatives from of the labor sector, one of which shall be from the public sector and the other from the private sector; and two (2) representatives from the employer’s sector, one of which shall be from the public sector, and the other from the private sector. The representatives from the labor and employer’s sectors shall be appointed by the Governor for a term of five (5) years. The Board shall be governed based upon regulations approved by a majority of at least four (4) of the members of said Board. The Board is hereby empowered to establish, by regulations, the way in which the funds covered into the Fund shall be used. Said funds shall be used for the implementation of the provisions of §§ 361—361aa of this title. Any determination as to the use of the funds shall have the vote of at least five (5) of the seven (7) members of the Board.
(m) For the purposes of this section, a grave violation shall be deemed to exist in a work place if there is a substantial probability that death or serious physical harm could result from an existing condition, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such work place unless the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation.
(n) Civil fines imposed under §§ 361—361aa of this title shall be paid to the Secretary of the Treasury of the Commonwealth of Puerto Rico to be covered into the Special Fund created by §§ 361—361aa of this title. Any civil penalty owed under §§ 361—361aa of this title may be recovered in a civil action filed on behalf of the Secretary of Justice. The Court of First Instance shall have jurisdiction over all civil actions to recover the civil fines imposed under §§ 361—361aa of this title. The Secretary of Justice may appear as the plaintiff in any judicial action filed to recover any civil fines under §§ 361—361aa of this title, provided the Secretary of Labor does not appear as a plaintiff motu proprio.
(o) The Secretary of Justice shall be responsible for bringing any criminal action under §§ 361—361aa of this title. Any attorney of the Department may act as prosecutor with all the powers and authority granted to special prosecuting attorneys in criminal actions arising from §§ 361—361aa of this title.
History —Aug. 5, 1975, No. 16, p. 605, § 25; June 24, 1977, No. 116, p. 295, § 8; July 26, 1991, No. 32; Dec. 19, 2002, No. 281, § 3, eff. 30 days after Dec. 19, 2002.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361y/
|
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)›§ 361y - Administrative organization
|
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) › § 361y - Administrative organization
|
(a) The Secretary shall establish or designate an administrative unit within the Department of Labor and Human Resources to enforce the provisions of §§ 361—361aa of this title. All authority, responsibilities and administrative functions of the Accident Prevention Bureau of the Department, as well as all the regular employees of said Bureau covered by the Personnel Act of Puerto Rico, may be transferred by the Secretary to the newly-created created.
The regular personnel of the Accident Prevention Bureau, if transferred, shall retain their status and all vested rights under the provisions of the Personnel Act of Puerto Rico, Act No. 345 of May 12, 1947, as amended.
(b) The Secretary may designate any other employees deemed necessary to achieve the purposes of §§ 361—361aa of this title and their appointment and removal from service shall be conducted pursuant to the applicable regulations of the Personnel Office.
(c) The Secretary shall have authority to contract professional services, specialized technicians and any other persons deemed necessary to achieve the purposes of §§ 361—361aa of this title.
(d) The executive and administrative duties of the administrative unit mentioned in subsection (a) shall be discharged by the Office of the Assistant Secretary for Occupational Safety and Health which shall be composed of the following units:
(1) The Occupational Safety and Health Bureau.
(2) The Education and Promotion Division.
(3) The Elevators and Boilers Registration and Inspection Section.
History —Aug. 5, 1975, No. 16, p. 605, § 26; July 23, 1998, No. 165, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361z/
|
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)›§ 361z - Employee training and education
|
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) › § 361z - Employee training and education
|
(a) The Secretary is authorized to carry out, directly or by grants or contracts, training and information programs to comply with the purposes of §§ 361—361aa of this title.
History —Aug. 5, 1975, No. 16, p. 605, § 28.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/361aa/
|
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)›§ 361aa - Removal of or discrimination against employees
|
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) › § 361aa - Removal of or discrimination against employees
|
(a) No person shall remove or in any way discriminate against an employee because that employee has filed any complaint or instituted or caused to institute any proceeding under or connected with §§ 361—361aa of this title or has testified or may testify in any of such proceedings or because he has exercised in his own or for another’s benefit, any right granted hereunder.
(b) Any employee who believes that he has been removed or otherwise discriminated against by any person in violation of subsection (a) may file a complaint before the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall order that an investigation be carried out as he may deem appropriate. If from the result of the investigation the Secretary determines that the provisions of subsection (a) have been violated, he shall institute action against said person in the proper District or Court of First Instance of the Commonwealth of Puerto Rico. In any of such actions, the District or Court of First Instance of the Commonwealth of Puerto Rico shall have jurisdiction, for cause shown, to enjoin violations of this subsection and to order any appropriate remedy, including reemployment or reinstatement of the employee to his former employment with retroactive pay.
(c) Within ninety (90) days from the receipt of a complaint filed under this subsection, the Secretary shall notify the complainant of his determination under subsection (b).
(d) Any judicial action instituted under this section shall be independent and separate from the action of any employee to recover compensation for wrongful discharge pursuant to Act No. 50 of Apr. 20, 1949.
History —Aug. 5, 1975, No. 16, p. 605, § 29.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-16/362/
|
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)›§ 362 - Night work; rules and regulations
|
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) › § 362 - Night work; rules and regulations
|
The Secretary of Labor and Human Resources shall promulgate the rules and regulations he may consider necessary to safeguard the health and safety of workmen in night work. In the process of adoption of these rules and regulations he shall consult both the labor organizations and the management sector. Said rules and regulations shall apply equally to both sexes and to the methods, means and safety systems to protect the life, health and welfare of the workmen in keeping with the nature of the work, and/or place where it is done. These rules and regulations shall take effect immediately after approval. They shall be sent to the Legislature not later than January 15, 1977 and shall have force of law, if the Legislature does not act against them, within fifteen (15) days following the date they were submitted.
History —Nov. 12, 1975, No. 25, p. 847, § 2; June 2, 1976, No. 127, p. 367, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/371/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 371 - Industrial home-based work regulated—Short title
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 371 - Industrial home-based work regulated—Short title
|
Sections 371—392 of this title shall be known and shall be cited as the “Industrial [Home-Based Work] Law”.
History —May 15, 1939, No. 163, p. 812, § 2, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/372/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 372 - Industrial home-based work—Legislative purpose
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 372 - Industrial home-based work—Legislative purpose
|
Puerto Rico has long recognized that employment of men, women, and children under conditions detrimental to health and general welfare results in injury, not only to the workers immediately affected, but also to public interest as a whole. This recognition has produced a broad program of regulatory legislation to conserve the public welfare. The continuance of an unregulated industrial [home-based work] system in this Commonwealth runs counter to that program, since it is always accompanied by excessively low wages, long and irregular hours, and unsanitary dwellings or dwellings otherwise inadequate for work. Employment of young children in industrial [home-based work] occupations is frequent, but effective supervision of this child-labor evil has not been attainable under the present status. The preservation of this system, moreover, endangers the protection of the workers in industrial factories.
After careful study and investigation, the Legislature is convinced that [home-based work] must be strictly controlled in the interest of the wage earners of this Commonwealth and of industry.
History —May 15, 1939, No. 163, p. 812, § 1, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/373/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 373 - Industrial home-based work regulated—Definitions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 373 - Industrial home-based work regulated—Definitions
|
The following words, terms, and phrases, when used in §§ 371—392 of this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Subcontractor.— Any person who, for the account or benefit of an employer, representative contractor, or other person delivers to a [home-based worker] or any other person not engaged by such employer, representative contractor, or other person, articles or materials to be manufactured in a home and thereafter to be returned to said person or otherwise disposed of in accordance with his direction.
(b) Department.— The Department of Labor and Human Resources of Puerto Rico.
(c) Employer.— Any natural or [juridical] person who, for his own account or benefit, directly or indirectly, or through an employee, agent, independent subcontractor, and/or any other person:
(1) Delivers, or causes to be delivered, to another person, any articles or materials to be manufactured in a home and thereafter to be returned to said person (not for the personal use of himself or of a member of his family), or thereafter to be disposed of or distributed in accordance with his directions, or
(2) sells to another person any materials or articles for the purpose of having such articles or materials manufactured in a home and then rebuying such materials or articles after such manufacture, either by himself or by someone designated by him.
(d) Home.— Any room, house, apartment, or other premises, which is chiefly used, in whole or in part, as a dwelling place, and including outbuildings on premises that are primarily used as a dwelling place where such outbuildings are under the control of the person dwelling on such premises.
(e) [Home-based worker].— Any person engaged in manufacturing in a home, articles or materials for an employer, a representative contractor, or a subcontractor.
(f) Industrial [home-based work].— Any manufacture in a home of articles or materials for an employer, a representative contractor, or a subcontractor.
(g) Manufacture.— To prepare, alter, repair, finish, or process, in whole or in part, or handle in any way connected with the production, wrapping, packaging, or preparation for display of an article or material.
(h) Person.— An individual, partnership, firm, association, domestic or foreign corporation, all kinds of cooperative associations, de jure or de facto, whatever their ends or purposes, the legal representatives of a deceased individual, or the receiver, trustee, or successor of an individual, partnership, association, or corporation, or of said cooperatives.
(i) Representative contractor.— Any person who receives from an employer or contractor residing outside this Commonwealth, articles or materials to be distributed by him to any [home-based worker] or other person not engaged by such employer or contractor, to be manufactured in a home and thereafter to be returned, or otherwise disposed of in accordance with his directions.
The singular shall include the plural, and the masculine shall include the feminine and neuter.
History —May 15, 1939, No. 163, p. 812, § 3, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/374/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 374 - Industrial home-based work regulated—Forms of home-based work prohibited
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 374 - Industrial home-based work regulated—Forms of home-based work prohibited
|
It shall be unlawful to manufacture in a home, for an employer, subcontractor, or representative contractor, any of the following articles or to perform in a home, for such persons, any of the following work, and no permit issued under §§ 371—392 of this title shall be deemed to authorize such manufacture or the performance of any such work.
(a) Articles of food or drink.
(b) Articles intended for use in connection with the serving of foods or drinks.
(c) Sanitary goods, cigar holders, cigarette cases, pipes for smoking, or other articles for the use of smokers; tobacco handling or stripping.
(d) Powder puffs, cosmetics, or articles intended to be used for the application of cosmetics.
(e) Explosives, fireworks, or articles of like character shall not be manufactured in a home, for an employer, a representative contractor, or a subcontractor.
(f) Drugs and poisons.
(g) Tobacco, cigarettes, or cigars.
(h) The tearing or sewing of rags; Provided, That the work with “rags” shall not be deemed to apply to new remnants, clippings, or salvages which are the by-products of manufacturing processes.
(i) Articles the processing of which requires exposure to substances determined by the Department to be hazardous to the health or safety or persons exposed thereto.
History —May 15, 1939, No. 163, p. 812, § 4, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/375/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 375 - Industrial home-based work regulated—Inspections by Department; correction of deficiencies
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 375 - Industrial home-based work regulated—Inspections by Department; correction of deficiencies
|
(a) The Department shall have the power, on its own initiative, to make an investigation of that portion, branch or dependency of any industry which employs [home-based workers], in order to determine:
(1) Whether the conditions of employment are injurious to the health and welfare of [home-based workers] in such portion or dependency, or
(2) whether the wages and conditions of employment prevailing in such portion, branch or dependency have the effect of rendering unduly difficult the maintenance of existing labor standards, or the observance and enforcement of labor standards established by law or by regulation for the industry of which such portion, branch or dependency is a part, thus jeopardizing wages or working conditions of the factory workers in such industry;
(b) if, on the basis of information in its possession, and upon an investigation as provided in this section, the Department shall find that industrial [home-based work] cannot be continued within any industry, branch, or dependency thereof, without injuring the health and welfare of the [home-based workers] within that industry, or without rendering unduly difficult the maintenance of existing labor standards or the observance and enforcement of labor standards established by law for the protection of the factory workers in that industry, the Department shall, by order, require all employers, representative contractors, or subcontractors in such industry to correct within a reasonable period the deficiencies found, or to discontinue the furnishing within this Commonwealth, of articles or materials for industrial [home-based work]; and no permit issued under §§ 371—392 of this title shall be deemed thereafter to authorize the furnishing of articles or materials for industrial [home-based work] prohibited by such order, until such deficiencies have been corrected;
(c) All power machines permitted by law, used in the conduct of industrial [home-based work], shall be guarded in accordance with the laws and regulations of the Department of Labor and Human Resources.
History —May 15, 1939, No. 163, p. 812, § 5, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/376/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 376 - Industrial home-based work regulated—Orders of Department; hearing, effective date, review
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 376 - Industrial home-based work regulated—Orders of Department; hearing, effective date, review
|
(a) Before making such order, the Department shall hold a public hearing or hearings at which an opportunity to be heard shall be afforded to any employer or representative of employers, and to any [home-based worker] or representative of [home-based workers], and to any other person or persons having an interest in the subject matter of the hearing. A public notice of such hearing shall be given in such manner as may be fixed by the Department. Such notice shall be given at least thirty (30) days before the hearing is held. Such hearing or hearings shall be held in such place or places as the Department deems most convenient to employers and [home-based workers] affected by the order to which §§ 371—392 of this title refer.
(b) The Department shall determine the effective date of such order, and such order shall not take effect until at least one hundred and twenty (120) days after the date of the promulgation thereof. The order shall specify clearly and concisely the deficiencies found or the condition required to be corrected; shall state the changes, alterations, or measures that the Department directs to be carried out; the term within which the situation found shall be corrected, and any other suggestion considered pertinent to insure the effectiveness of such measures. If the order be of a prohibitive character, it shall, after granting the employer ample opportunity to make the changes and improvements required, set forth the type or types of manufacturing which are prohibited after its effective date.
(c) The findings or orders made by the Department of Labor and Human Resources requiring employers to make any changes in the conditions of industrial [home-based work], or prohibiting the furnishing of articles or materials for industrial [home-based work] within this Commonwealth by any employer or contractor, as provided hereunder, may be reviewed through a writ of certiorari in all cases where questions of law are involved, by the Court of First Instance where the aggrieved party resides, in the following manner: The aggrieved party may file with the Court of First Instance at any time within thirty (30) days after service of any finding or order made by the Department of Labor and Human Resources, a petition for the review by said Court of First Instance of the decision or order made by the Department of Labor and Human Resources in connection with changes in the conditions of industrial [home-based work] or the prohibition made, setting forth the reasons for requesting such review, and the Secretary of Labor and Human Resources shall be required to appear through his attorney to answer said petition within the term of ten (10) days. The court shall give preference to these cases over all other cases included in its calendar and shall make a final finding thereon in accordance with the rules that such court may have prescribed.
History —May 15, 1939, No. 163, p. 812, § 6, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/377/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 377 - Industrial home-based work regulated—Permit for employer; revocation; penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 377 - Industrial home-based work regulated—Permit for employer; revocation; penalties
|
(a) Every employer and every representative contractor within this Commonwealth shall procure from the Department an employer’s permit. Application for such permit shall be made on a form prescribed by the Department. Such permit shall be in writing, dated when issued, and signed by the Secretary of Labor and Human Resources or by his duly authorized representative. It shall give the name and address of the person to whom it is issued and shall designate and limit the acts that are permitted. Such permit shall be valid for a period of one year from the date of its issuance, unless sooner revoked for just cause.
(b) No permit shall be issued to any person, or to the successor or successors of any person whose permit has been revoked by the Department, until after the two (2) years following such revocation.
(c) Any employer, or a representative contractor, who delivers to another person any articles or materials for manufacture by industrial [home-based work] without having in his possession a valid employer’s permit from the Department, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to undergo imprisonment for not more than six (6) months, or both, in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 7, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/378/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 378 - Industrial home-based work—Permit for subcontractors; penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 378 - Industrial home-based work—Permit for subcontractors; penalties
|
(a) Every subcontractor must procure from the Department a subcontractor’s permit. Application for such permit shall be made on a form prescribed by the Department. Such permit shall be in writing and signed by the Secretary of Labor and Human Resources or by his duly authorized representative. It shall also contain the name and address of the person to whom it is issued, and shall designate and limit the acts that are permitted. Such permit shall be valid for a period of one year from the date of its issuance, unless sooner revoked for just cause.
(b) No such permit shall be issued to any person who, or whose predecessor in interest, held an employer’s permit which, within the two (2) years prior to the application for a subcontractor’s permit, was revoked by the Department.
(c) Any subcontractor who delivers or causes to be delivered to another person, any articles or materials for manufacture by industrial [home-based work] without having in his possession a valid subcontractor’s permit, shall be guilty of a misdemeanor, and shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to undergo imprisonment for not more than six (6) months, or both, in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 9, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/379/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 379 - Industrial home-based work—Fees for employer’s permit
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 379 - Industrial home-based work—Fees for employer’s permit
|
(a) For the original issuance of an employer’s permit, the employer or representative contractor shall pay to the Department of Labor and Human Resources, through the cancellation of internal-revenue stamps a fee of ten dollars ($10) when he employs not more than seven (7) [home-based workers]; fifteen dollars ($15) when he employs from eight (8) to fifteen (15) [home-based workers]; and twenty-five dollars ($25) when he employs sixteen (16) or more [home-based workers].
(b) For each annual renewal of such permit, the employer or representative contractor shall pay to the Department of Labor and Human Resources through the cancellation of internal revenue stamps, a fee of five dollars ($5.00) when he employs not more than seven (7) [home-based workers]; seven dollars ($7.00) when he employs from eight (8) to fifteen (15) [home-based workers]; and ten dollars ($10) when he employs sixteen (16) or more [home-based workers].
History —May 15, 1939, No. 163, p. 812, § 10; May 12, 1943, No. 130, p. 402, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/380/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 380 - Industrial home-based work regulated—Register of work
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 380 - Industrial home-based work regulated—Register of work
|
No person having an employer’s or a subcontractor’s permit shall deliver or cause to be delivered or received, any articles or materials for or as a result of industrial [home-based work], unless such employer or subcontractor keeps and maintains a register and forwards same to the Department at the intervals the said Department may by regulation prescribe, and on the blanks it may provide, the said register containing a complete and accurate record of all persons engaged in industrial [home-based work] on articles or materials furnished or distributed by said employer or subcontractor; of all places where such persons work; of all articles or materials furnished and distributed to such persons, and containing, further, such description as the Department may require of all articles or goods which such persons have manufactured; of the net cash wages received by each [home-based worker]; and of all subcontractors to whom he has furnished articles or materials to be manufactured for him in any home. It shall also be a duty of every employer or contractor to include in said register any other information which may be required by the Department under regulations promulgated under § 391 of this title.
History —May 15, 1939, No. 163, p. 812, § 11; May 12, 1949, No. 295, p. 886, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/381/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 381 - Industrial home-based work regulated—Conditions for manufacture in homes
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 381 - Industrial home-based work regulated—Conditions for manufacture in homes
|
Industrial [home-based work] on articles or materials manufactured for any person to whom an employer’s permit has been issued shall be performed:
(a) Only by a person possessing a valid [home-based worker’s] certificate.
(b) Only by persons over the age of sixteen (16) years.
(c) Only by persons resident in the home in which the work is done.
(d) Only during such hours as may be fixed by law or regulation as permissible hours of labor in factories by persons of the same age and sex as the [home-based worker], and
(e) Only in a home that is clean and sanitary and free from any infectious, contagious, or communicable disease.
History —May 15, 1939, No. 163, p. 812, § 12, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/382/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 382 - Industrial home-based work regulated—Labels for articles manufactured by home-based worker
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 382 - Industrial home-based work regulated—Labels for articles manufactured by home-based worker
|
No employer, representative contractor, or subcontractor, shall deliver, or cause to be delivered, any articles or materials to be manufactured by any [home-based worker], unless he has conspicuously affixed to each article or material a label, or other mark of identification, bearing the employer’s or representative contractor’s and subcontractor’s name and address, said label or mark to be printed or written legibly in Spanish; but if the articles or materials are of such a nature that they cannot be individually labeled or identified, then the employer or representative contractor and the subcontractor shall conspicuously label, in like manner, the package, wrapper, or other container in which such articles or materials are delivered, or are to be kept while in the possession of the [home-based worker].
History —May 15, 1939, No. 163, p. 812, § 13; May 12, 1949, No. 295, p. 886, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/383/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 383 - Industrial home-based work regulated—Seizure of articles unlawfully manufactured
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 383 - Industrial home-based work regulated—Seizure of articles unlawfully manufactured
|
Any articles, or materials which are being manufactured in a home, in violation of any provision of §§ 371—392 of this title, shall be seized and removed by any agent of the Department, and shall be retained by him until claimed by the employer or representative contractor. The Department shall give notice of such removal to the person whose name and address are affixed to the article, as provided by § 382 of this title. Unless the article so removed is claimed within the thirty (30) days following the date is seized, it shall be destroyed or otherwise disposed of.
History —May 15, 1939, No. 163, p. 812, § 14, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/384/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 384 - Industrial home-based work regulated—Delivery to subcontractors
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 384 - Industrial home-based work regulated—Delivery to subcontractors
|
No employer, or representative contractor shall deliver or cause to be delivered any material or articles to a subcontractor who is not in possession of a valid subcontractor’s permit; Provided, That no subcontractor shall distribute through another subcontractor, agent or commission merchant or any other person, the work subcontracted for by him with an employer or representative contractor; and neither shall he pay to workers employed by him a sum less than that assigned by the employer or representative contractor for the work to be done.
History —May 15, 1939, No. 163, p. 812, § 15, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/385/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 385 - Industrial home-based work regulated—Revocation of permit for violations; review; publicatio...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 385 - Industrial home-based work regulated—Revocation of permit for violations; review; publication
|
(a) If the Department has reason to believe that a person having an employer’s or subcontractor’s permit is not observing the provisions of §§ 371—392 of this title, or of any regulation or order authorized by it to be issued by the Department, or the conditions of such permit, the department may, within ten (10) days’ notice, summon such person to appear before it to show cause why the Department should not find that he has failed to observe such provisions and conditions.
(b) If, after such hearing, the Department finds as a fact that such person has failed to comply with the provisions of §§ 371—392 of this title, of his permit, or of a regulation or order issued under authority the Department may revoke the permit of such person, the order of revocation to be effective on a date fixed by the Department which shall not be more than thirty (30) days after the date of its issuance.
(c) Any person who may consider himself aggrieved by an order of the Department revoking a license may, within the term of fifteen (15) days after notice of said order has been served on him file proceedings for review in the Court of First Instance where he may have his place of business, and he shall serve notice on the Secretary of Labor and Human Resources with a copy of the complaint in accordance with the provisions of the Rules of Civil Procedure. Upon service of notice of such action, the Secretary shall file in court, within the term of fifteen (15) days, the complete record of the testimony, evidence, and all the proceedings had on which the order was based. The review by the Court of First Instance shall be limited to questions of law. Findings of fact on which the order may be based shall be conclusive and final, if supported by the evidence. An appeal may be taken to the Supreme Court from the decision of the Court of First Instance within fifteen (15) days after service of notice and registration by the secretary of the court of the service of said decision to the party aggrieved. If no appeal from the decision of the Department revoking the permit is filed within the term in the proper part of the Court of First Instance, the Secretary of Labor and Human Resources may appear in the Court of First Instance, where the person whose permit was revoked has his business, so that the said order may be enforced.
(d) The final order revoking the permit shall be published in one or more newspapers of general circulation in the Commonwealth, or in such other manner as may be deemed appropriate, and it shall state the name of the person who has failed to comply, in the respects stated, with the standards established under authority of §§ 371—392 of this title. Such publication shall further contain an identification of the firm, as well as of the products manufactured or sold by such persons. Neither the Department nor any authorized representative of the Department, nor any newspaper publisher, proprietor, editor, or employee thereof, shall be liable in an action for damages for publishing the name of any person as provided for in §§ 371—392 of this title, unless guilty of some willful misrepresentation.
(e) The Secretary of Labor and Human Resources may file injunction and any other proceedings necessary to enforce the provisions of §§ 371—392 of this title and enforce any orders or rules or regulations promulgated hereunder. The Court of First Instance where the person against whom such action is filed has his place of business shall have cognizance in the case.
History —May 15, 1939, No. 163, p. 812, § 16; May 12, 1949, No. 295, p. 886, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/386/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 386 - Industrial home-based work regulated—Inspection of premises and records; enforcement
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 386 - Industrial home-based work regulated—Inspection of premises and records; enforcement
|
In the performance of the duties and powers conferred upon the Secretary of Labor and Human Resources by §§ 371—392 of this title, he or his authorized representative are hereby authorized to enter the place of business of the employer for the purpose of inspecting the payroll of said employer, or other records or documents relative to the enforcement of §§ 371—392 of this title; and the Secretary of Labor and Human Resources or his authorized representative is hereby authorized to summon witnesses, to administer oaths, and to take testimony; and, in compliance with these provisions, he may issue subpoenas and compel the presentation of evidence, documentary or otherwise, and he may also use, in connection with his duties, as entrusted to him by §§ 371—392 of this title, the services of justices of the peace, of District judges, of prosecuting attorneys, of marshals of the District Court and Court of First Instance, and of the police force.
History —May 15, 1939, No. 163, p. 812, § 17, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/387/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 387 - Industrial home-based work regulated—Contributions by home-based workers
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 387 - Industrial home-based work regulated—Contributions by home-based workers
|
No agreement by a [home-based worker] whereby he binds himself to pay any portion of a payment required of any person by any provision of §§ 371—392 of this title shall be valid; and it is hereby declared that no person shall make a deduction for such purpose from the wages or salary of the [home-based worker].
History —May 15, 1939, No. 163, p. 812, § 18, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/388/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 388 - Industrial home-based work regulated—Records of Department subject to inspection
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 388 - Industrial home-based work regulated—Records of Department subject to inspection
|
Records, reports, applications, and returns required to be made by §§ 371—392 of this title shall be kept on file by the Department of Labor and Human Resources, and shall be open to examination and inspection, said examination and inspection to be subject to the regulations the Department may prescribe. They may be used as evidence in any proceeding under §§ 371—392 of this title, but shall not otherwise become matter of public record.
History —May 15, 1939, No. 163, p. 812, § 19, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/389/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 389 - Industrial home-based work regulated—Witness fees
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 389 - Industrial home-based work regulated—Witness fees
|
Any witness who appears in obedience to a subpoena issued by the Department shall be entitled to such witness fees as the Department shall allow, payable from appropriations made for the said Department for such purposes.
History —May 15, 1939, No. 163, p. 812, § 20, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/390/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 390 - Industrial home-based work regulated—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 390 - Industrial home-based work regulated—Penalties
|
(a) Any person who willfully makes a false statement or representation knowing it to be false, in order to lower the amount of fees due from him under §§ 371—392 of this title; or any person who makes a deduction not authorized by law from the wages or salary of any [home-based worker]; or any person who refuses to allow the Secretary of Labor and Human Resources, or his authorized representative, to enter a place of business for the purpose of inspecting his payroll, or other records or documents relative to the enforcement of §§ 371—392 of this title, or who refuses to permit the Secretary of Labor and Human Resources, or his authorized representative, to copy such record or documents, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in jail for a term not to exceed six (6) months, or by both penalties, in the discretion of the court.
(b) Any person who violates the provisions of §§ 371—392 of this title, or any section or provision hereof, for which no specific penalty has been prescribed, or who violates any rule or regulation promulgated hereunder shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in jail for a term of not more than three (3) months, or by both penalties in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 21; May 12, 1949, No. 295, p. 886, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/391/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 391 - Industrial home-based work regulated—Regulations; enforcement by Department
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 391 - Industrial home-based work regulated—Regulations; enforcement by Department
|
The rules and regulations necessary to carry out the provisions of §§ 371—392 of this title shall be made by the Department. Such rules and regulations shall have the force of law when duly approved by the Governor and promulgated. The Department shall have the power, and it shall be its duty, to enforce all the provisions of §§ 371—392 of this title.
History —May 15, 1939, No. 163, p. 812, § 22, eff. 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/392/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 392 - Industrial home-based work regulated—Payments covered into general funds
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 392 - Industrial home-based work regulated—Payments covered into general funds
|
All fees and other moneys derived from the enforcement and operation of §§ 371—392 of this title shall be paid to and covered into the Commonwealth Treasury through the proper channels, and credited to general funds.
History —May 15, 1939, No. 163, p. 812, § 23, eff 90 days after May 15, 1939.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/393/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 393 - Sanitary requirements—Homes used for workers
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 393 - Sanitary requirements—Homes used for workers
|
Any house or place of lodging to be used or occupied as a shelter for laborers under contract with a corporation, firm, manufacture, factory, or agricultural plantation shall be maintained in a clean condition and in accordance with sanitary requirements, and shall have a capacity of not less than three hundred (300) cubic feet of space for each adult, or nine hundred (900) cubic feet for a man, a woman, or two children; Provided, That in no case shall the lodging of laborers be permitted in places where merchandise is stored; and any violation of this provision shall be considered a misdemeanor.
History —July 26, 1921, No. 86, p. 732, § 1; May 8, 1942, No. 149, p. 824, § 1, eff. 90 days after May 8, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/394/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 394 - Sanitary requirements—Land to be clean and drained
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 394 - Sanitary requirements—Land to be clean and drained
|
The lands on which such lodgings are located shall be drained by necessary ditches to carry off rain water and shall be kept absolutely clean and free by the tenants from all residue injurious to health.
History —July 26, 1921, No. 86, p. 732, § 2, eff. 90 days after July 26, 1921.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/395/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 395 - Sanitary requirements—Enforcement
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 395 - Sanitary requirements—Enforcement
|
Every corporation, firm or employer or his representative or agent, shall be obliged whenever so required by the Department of Health or by the Department of Labor and Human Resources, or their representatives, to carry out existing legal provisions.
History —July 26, 1921, No. 86, p. 732, § 3, eff. 90 days after July 26, 1921.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/396/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 396 - Sanitary requirements—Access to premises by government officials
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 396 - Sanitary requirements—Access to premises by government officials
|
The representatives of the Department of Labor and Human Resources and of the Department of Health shall have free access to such lodgings at any time or place required.
History —July 26, 1921, No. 86, p. 732, § 4, eff. 90 days after July 26, 1921.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/397/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 397 - Sanitary requirements—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 397 - Sanitary requirements—Penalties
|
Any corporation, firm, employer or manufacturer, which through its agent or person in charge, violates any provision of §§ 393—397 of this title, shall, upon conviction, be punished by a fine of not more than fifty dollars ($50), or by imprisonment for not more than thirty (30) days.
History —July 26, 1921, No. 86, p. 732, § 5, eff. 90 days after July 26, 1921.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/398/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 398 - Stripping tobacco—Declaration of harmfulness
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 398 - Stripping tobacco—Declaration of harmfulness
|
It is hereby declared that the stripping of tobacco, when done in the home of the workers or of any other person, is injurious to the health and life of such workers and of the members of their families.
History —May 15, 1936, No. 117, p. 686, § 1, eff. 90 days after May 15, 1936.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/399/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 399 - Stripping tobacco—Home stripping of tobacco prohibited
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 399 - Stripping tobacco—Home stripping of tobacco prohibited
|
It is hereby prohibited to strip tobacco in the home of the workers or of any other person.
History —May 15, 1936, No. 117, p. 686, § 2, eff. 90 days after May 15, 1936.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/400/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 400 - Stripping tobacco—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 400 - Stripping tobacco—Penalties
|
Every tobacco grower, and every owner, employer, or agent of shops, warehouses, or establishments devoted to the stripping of tobacco, who furnishes tobacco to one or more workers to be sweated, stored, stripped, dried, sorted, or packed at home shall be guilty of a misdemeanor which shall entail a minimum fine of one hundred dollars ($100) and a maximum fine of five hundred dollars ($500); or in default thereof, imprisonment in jail for a minimum term of thirty (30) days and a maximum term of six (6) months.
History —May 15, 1936, No. 117, p. 686, § 3, eff. 90 days after May 15, 1936.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/401/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 401 - Stripping tobacco—Places for stripping tobacco; regulations
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 401 - Stripping tobacco—Places for stripping tobacco; regulations
|
In the stripping, drying, sorting, or packing of tobacco, no places other than those approved for such purposes by the Secretary of Health may be used; and said Secretary shall prescribe for the purpose such rules, not in conflict with §§ 398—402 of this title, as may be necessary to enforce strictly the provisions of §§ 398—402 of this title in connection with homework.
History —May 15, 1936, No. 117, p. 686, § 4, eff. 90 days after May 15, 1936.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-17/402/
|
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 17 - Industrial Home-Based Work (§§ 371 — 402)›§ 402 - Stripping tobacco—Enforcement
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 402 - Stripping tobacco—Enforcement
|
The supervision and the enforcement of §§ 398—402 of this title shall be entrusted to the Secretary of Health and the Secretary of Labor and Human Resources of Puerto Rico, both of whom, in the performance of these duties, may utilize all the officials in their respective departments and the Police Force of Puerto Rico.
History —May 15, 1936, No. 117, p. 686, § 5, eff. 90 days after May 15, 1936.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-18/411/
|
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 18 - Health Certification Law of Puerto Rico (§§ 411 — 413)›§ 411 - Definitions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 18 - Health Certification Law of Puerto Rico (§§ 411 — 413) › § 411 - Definitions
|
For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Public establishment.— Includes any business or industrial establishment that handles or produces foods and/or beverages, such as restaurants, markets, diners, cafes, store[s] of any kind that handles or produces foods, food stands, milk pasteurization centers or deposits, dairy farms, slaughterhouses, itinerant stands of food articles, bakeries, pastry shops, candy stores, bottled water and/or soda pop establishments; and establishments and institutions that provide direct health services such as hospitals, clinics, and any other establishment whose employees provide direct health services to the public; and any other establishment analogous to those herein included of said industries.
(b) Direct threat.— Is any risk of substantial damage to the health of an individual or the public, which cannot be eliminated or reduced.
History —Aug. 30, 2000, No. 232, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-18/412/
|
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 18 - Health Certification Law of Puerto Rico (§§ 411 — 413)›§ 412 - Health certificates
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 18 - Health Certification Law of Puerto Rico (§§ 411 — 413) › § 412 - Health certificates
|
(a) The owner, administrator or person in charge of any public establishment whose activities could represent a direct threat to the health of the public, shall obtain a health certificate and is also placed under the obligation to demand said health certificate from any person he or she employs or uses in his/her establishment determined to be under subsection (b) of this section a direct threat to the public health and may not employ or use in his/her establishment, as the case may be, any person who does not hold a health certificate who is under the obligation to obtain said certificate under this chapter. The health certificate referred to shall be at all times at the disposition of the Secretary of Health and/or his/her authorized representatives and the public.
(b) The determination as to whether a person constitutes or not a direct threat to the public shall be made on a case-by-case basis. This determination shall be made by a physician authorized to exercise the profession in Puerto Rico, on the basis of an individual evaluation to determine whether the contagious or epidemic condition of the employee impairs him/her to perform the essential functions of his/her job. Such determination shall be made on the basis of a reasonable medical judgment, pursuant to the most recent medical knowledge and developments and based on the best objective evidence available. Certain factors shall be taken into account, such as: the duration of the risk; the nature and intensity of the potential damage; the probability that the damage may occur; and the imminence of the potential damage. If after having taken into account the factors listed above, the determination is made that the person could represent a direct threat to the public, the employee shall be compelled to comply with the health certificate requirement as provided in this section.
(c) Any person who under subsection (b) of this section is determined to potentially represent a direct threat to the health of others, shall be required to undergo a medical examination to obtain a health certificate that guarantees that his or her condition does not represent a direct threat to the public. The person shall undergo a medical evaluation consisting of a VDRL test and a tuberculin test to determine whether the person suffers from a contagious illness that impairs him or her to perform his/her job without representing a hazard to the public health.
(d) The health certificates shall be issued by physicians duly authorized for such purpose by the Secretary of Health. The indispensable medical examination to issue the health certificate may be made by any physician authorized to exercise the profession in the Commonwealth of Puerto Rico.
(e) The authorization of private physicians and the issue of health certificates shall be subject to the standards established by the office of the Deputy Secretary of Health Facilities Regulation and Accreditation.
(f) The health certificates shall be valid for a term of one year. The Secretary of Health is hereby authorized to demand that an employee undergo a new physical examination at any time that he or she deems that said person represents a direct threat to the health of the public pursuant to the standards established in subsection (b) of this section, including additional laboratory tests as necessary, with the purpose of protecting the public health.
History —Aug. 30, 2000, No. 232, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-18/413/
|
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 18 - Health Certification Law of Puerto Rico (§§ 411 — 413)›§ 413 - Miscellaneous provisions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 18 - Health Certification Law of Puerto Rico (§§ 411 — 413) › § 413 - Miscellaneous provisions
|
Neither the Secretary of Health of Puerto Rico nor any other official in his/her representation may require any health certificate other than those comprised herein.
History —Aug. 30, 2000, No. 232, § 4.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/431/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 431 - Employment of minors—Definitions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 431 - Employment of minors—Definitions
|
Whenever used in §§ 431—443a and 446—456 of this title:
Employment certificate.— Shall mean a certificate issued by an officer duly authorized by the Secretary of Labor and Human Resources allowing the employment of a minor pursuant to the provisions of §§ 431—443a and 446—456 of this title.
Certificate of age.— Shall mean a certificate issued by request of any person over eighteen (18) years of age, attesting to the date of birth and age of the petitioner.
Minor.— Shall mean any child of either sex under eighteen (18) years of age.
Employer.— Shall mean any natural or [juridical] person, whether principal or agent, who employs a minor.
Gainful occupation.— Includes all work and employment in factories, mills, sugarcane factories (centrales), machine shops, establishments, any place where there is a mechanical factory or enterprise; warehouses, stores, establishments and places where mercantile operations are carried out; farms, plantations, estates or any other type of place devoted to agriculture, horticulture or grazing; and in every mining or fishing undertaking.
History —May 12, 1942, No. 230, p. 1298, § 1; July 20, 1979, No. 146, p. 343, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/432/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 432 - Employment of minors—Minors under sixteen (16) forbidden to work; exceptions; while school i...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 432 - Employment of minors—Minors under sixteen (16) forbidden to work; exceptions; while school in session
|
No minor under sixteen (16) years of age shall be employed, permitted, or suffered to work in Puerto Rico in, or in connection with, any gainful occupation; Provided, That minors between fourteen (14) and less than sixteen (16) years of age may be employed outside class hours and during school vacations, but not in any occupation somehow prohibited by §§ 431—443a and 446—456 or by an order or regulation made hereunder; Provided, further, That minors between fourteen (14) and less than sixteen (16) years of age may be employed outside class hours and during school vacations in agricultural tasks, or as peddlers.
No minor under sixteen (16) years of age shall be employed, permitted or suffered to work in, or in connection with, any gainful occupation during the period of time in which public schools in Puerto Rico are in session.
Notwithstanding the foregoing provisions of this section, the Secretary of Labor and Human Resources is hereby authorized to grant permits for the employment of minors between fourteen (14) and sixteen (16) years of age in any gainful occupation, even during the period in which the public schools in Puerto Rico are in session, whenever, upon previous investigation for the purpose, the Secretary of Education shall determine that it is not possible to have the minor attend school and the Secretary of Labor and Human Resources shall determine that the minor’s employment in the occupation involved is not detrimental to his life, health or welfare. In those cases, the employment of the minor shall be subject to the restrictions and conditions that the Secretary of Labor and Human Resources may impose in the permit.
History —May 12, 1942, No. 230, p. 1298, § 2; June 15, 1959, No. 39, p. 103, § 1; June 9, 1961, No. 26, p. 58, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/433/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 433 - Employment of minors—Hours of work; posting notice of work schedule
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 433 - Employment of minors—Hours of work; posting notice of work schedule
|
No minor between fourteen (14) and less than eighteen (18) years of age shall be employed, permitted, or suffered to work in, or in connection with, any gainful occupation for more than six (6) consecutive days in any one week, or for more than forty (40) hours in any one week, or for more than eight (8) hours in any one day; neither shall any minor between fourteen (14) and less than sixteen (16) years of age be permitted, or suffered to work before eight o’clock in the morning or after six o’clock in the evening; nor shall any minor between sixteen (16) and less than eighteen (18) years of age be permitted, or suffered to work before six o’clock in the morning or after ten o’clock in the evening; Provided, That minors between fourteen (14) and less than eighteen (18) years of age may be employed in concerts or theatrical shows until midnight, upon authorization of the Secretary of Labor and Human Resources. In the case of minors attending school and working after class hours, the total number of school and working hours shall not exceed eight (8).
Every employer shall post and keep posted conspicuously in the place where any minor between fourteen (14) and less than eighteen (18) years of age is employed, permitted, or suffered to work, a printed notice setting forth the maximum number of hours said minor may be required or permitted to work each day of the week, the hours of beginning and ending of work each day, and the hours when the time allowed for meals begins and ends. The printed form of such notice shall be furnished by the Child Bureau of the Department of Labor and Human Resources, and the presence of such minor in the place of work for a longer time in any day than so stated, or at any time other than as stated in said printed notice, shall be deemed a prima facie evidence of a violation of the provisions of this section.
History —May 12, 1942, No. 230, p. 1298, § 3, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/434/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 434 - Employment of minors—Period for lunch
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 434 - Employment of minors—Period for lunch
|
No minor between fourteen (14) and less than eighteen (18) years of age shall be employed, permitted, or suffered to work for a period of more than four (4) consecutive hours without being allowed at least one hour to lunch, and no lunch period of less than one hour shall be considered enough in any period of continuous work.
History —May 12, 1942, No. 230, p. 1298, § 4, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/435/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 435 - Employment of minors—Employment certificates and special permits; peddling, coffee picking a...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 435 - Employment of minors—Employment certificates and special permits; peddling, coffee picking and vocational training excepted
|
No minor between fourteen (14) and less than eighteen (18) years of age shall be employed, nor shall he be permitted, or suffered to work in any gainful occupation unless his employer obtains and keeps in his files, and accessible to any official, inspector, or other person authorized to enforce or assist in the enforcement of §§ 431—443a and 446—456 of this title, an employment certificate or a special permit issued in accordance with the provisions contained hereinafter in §§ 431—443a and 446—456 of this title, and unless said employer posts a complete list of all minors employed in said occupation, in a conspicuous place of the site where said minors are employed, with the exception of minors engaged in peddling, with regard to which no employment certificate shall be required for minors who are sixteen (16) or more years of age, provided they do not work for an employer, but simply a card to be provided by the Department of Labor and Human Resources after the minor has proved that he is more than sixteen (16) years old and in sound physical condition, as shown by the proper medical certificate.
In addition to the exemption provided for self-employed peddlers as provided in the preceding paragraph, neither shall it apply with regard to the requirement of requesting and or keeping the employment certificate or special permit, in those cases where minors between fourteen (14) and less than eighteen (18) years of age are employed in coffee picking. For these cases no employment certificate or special permit whatsoever shall be required, but simply a card provided by the Department of Labor and Human Resources after ascertaining that the minor is over fourteen (14) years of age and in sound physical condition. Said card shall be issued by petition of the minor concerned, who shall appear to request it, accompanied by his father, mother, guardian, or custodian; said petition shall contain the following information about the minor: certificate of age, and of physical and mental fitness, school record, and that information relative to the minor’s situation at school, and his school schedule signed by the principal or by the authorized person. Once issued, it shall be given and will belong to the minor, who must show it to each employer who hires him, and he must also keep it with him at all times while he is at work under the provisions thereof. Said card shall be identical to the one issued to self-employed peddlers, as it is provided in this section, but its procedure and issuing shall follow, insofar as it is consistent with what is provided herein, what is established in § 443 of this title for cases of peddlers employed by an employer; Provided, however, That the statement of the future employer provided in subsection (a) of § 437 of this title shall not be required for it to be issued. The Secretary of Labor and Human Resources shall have discretion to regulate the term of duration of the card established herein, pursuant to the circumstances that concur in each case.
None of the provisions of this section shall apply to work done by minors in public or private schools recognized by the Department of Education of Puerto Rico, in occupations, shops, factories or public or private establishments, where the work done by said minors constitutes part of the school programs such as training, guidance, or vocational preparation courses under the auspices of the Department of Education of Puerto Rico and the direct supervision and instruction of school officials or teachers; Provided, That the Secretary of Labor and Human Resources, or any person duly authorized by him, may establish, in mutual agreement with the Secretary of Education, or the coordinators, advisors, guides and directors of the vocational courses, authorized by the Secretary of Education, the adequate procedure that will make these courses feasible. Such pupils shall be protected by the labor and workmen’s compensation laws, insofar as they may be applicable, and, in the cases covered by the Federal Fair Labor Standards Act, they shall be subject to its provisions and regulations. Nothing contained in this section shall be construed to mean that the pupil may not receive compensation during the term of his vocational training.
History —May 12, 1942, No. 230, p. 1298, § 5; Apr. 15, 1946, No. 325, p. 870, § 1; June 1, 1983, No. 49, p. 85.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/436/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 436 - Employment of minors—Employment certificates (regular and vacation) and special permits; pro...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 436 - Employment of minors—Employment certificates (regular and vacation) and special permits; procedure for issuance
|
The employment certificate or special permit required by §§ 431—443a and 446—456 of this title shall be issued in triplicate by the Secretary of Labor and Human Resources or by any person duly authorized by him. Said certificate shall include a certification stating that all the conditions and requirements for issuing an employment certificate under the provisions of §§ 431—443a and 446—456 of this title have been fulfilled. It shall state the name, sex, date of birth, and residence of the minor, and shall be signed by the person issuing it. Said certificate shall express the kind of evidence as to age which was accepted for its issuance; the name and address of the employer for whom, and the nature of the specific occupation in which said employment certificate authorizes the minor to be employed. It shall further state the last grade completed by said minor. No certificate shall be valid except to the employer and for the occupation named therein. It shall bear a number, shall show the date of its issue, shall be signed by the minor for whom it was issued, and shall be mailed to the employer by the Child Bureau. This Bureau shall keep a complete record giving in full for each applicant the facts with reference to name, sex, date and place of birth; name and address of parents, guardian, or custodian; name and address of employer, and nature of the specific occupation in which the applicant desires to be employed; grade and school last attended; evidence of age, and date of issuance or date of refusal of certificate, with reasons therefor in the latter case, together with a medical certificate of physical fitness, the school record, and the employer’s statement of his intention to employ the minor.
The original copy of the employment certificate or special permit shall be forwarded by mail to the prospective employer of the minor; the first copy shall be transmitted to the central office of the Department of Labor and Human Resources of Puerto Rico, and the second copy shall be kept in the files of the local office where the permit has been issued.
The officer authorized to issue employment certificates may refuse to issue a certificate to any minor whenever, in his judgment, there is reason to believe that the interests of said minor will be better served by refusing the permit. A record shall be kept of said refused permits and of the reasons adduced for such refusal.
In no case shall there be granted an employment certificate to work in one of the occupations declared dangerous or prejudicial to the life, health, education, safety or welfare of a minor by §§ 431—443a and 446—456 of this title or by the Board created for such purpose hereunder. Notwithstanding, the Secretary of Labor and Human Resources shall be empowered to grant this certificate in cases of students or graduates from occupational training courses heretofore or hereafter offered by the Department of Education or other private educational institutions duly accredited by said Department in the occupations thus classified, provided the student or graduate from such courses is sixteen (16) years of age or over and the Secretary of Education, in the case of students receiving training in vocational courses, considers that the industry where the minor is to render services meets the requirements established the security measures required by said agency; or that, in the case of graduates from occupational training courses, the Secretary of Labor and Human Resources determines that the industry where the minor is to render services meets the requirements established by the agency for the employment of minors. By occupational training shall be understood that type of education directed at training a person to start working and advance in an occupation.
History —May 12, 1942, No. 230, p. 1298, § 6; June 9, 1961, No. 26, p. 58, § 2; July 30, 1974, No. 270, Part 2, p. 314, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/437/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 437 - Employment of minors—Documents supporting application for certificate
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 437 - Employment of minors—Documents supporting application for certificate
|
The officers authorized by §§ 431—443a and 446—456 of this title to issue employment certificates shall issue such certificates only upon the application in person of the child desiring employment, accompanied by his parent, guardian, or custodian, and after having received, examined, approved, and filed the following papers, namely:
(a) A statement signed by the prospective employer or by some one duly authorized on his behalf, stating that he expects to employ such minor, setting forth the specific nature of the occupation in which he intends to employ such minor, and the number of hours per day and of days per week which said minor shall be employed and the daily time of the beginning and ending of such employment and of the period for lunch and the salary said minor is to receive.
(b) Proof of age as provided in § 438 of this title.
(c) A certificate of physical and mental fitness as provided in § 439 of this title.
(d) A school record as provided in § 440 of this title.
History —May 12, 1942, No. 230, p. 1298, § 7, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/438/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 438 - Employment of minors—Evidence of age
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 438 - Employment of minors—Evidence of age
|
The evidence of age required by §§ 431—443a and 446—456 of this title shall consist of one of the following, which will be required in the order herein designated:
(a) A birth certificate or attested transcript issued by the person in charge of the registry of vital statistics or other officer charged with the duty of recording births. No fee shall be charged for said certificate.
(b) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the minor. No fee shall be charged for this certificate.
(c) A passport or a certificate of arrival issued by immigration officers of the United States showing the age of the minor.
(d) Other documentary record of the minor’s age satisfactory to the Secretary of Labor and Human Resources; Provided, however, That a school record, a school census certificate, or a parent’s, guardian’s or custodian’s affidavit or statement of the minor’s age shall not be accepted as specified in subsection (e).
(e) A certificate of physical age, signed by a physician, and based upon a physical examination of the minor. Such certificate shall state the height and weight of such minor and other evidence upon which the opinion as to the age of such minor is founded. A parent’s, guardian’s or custodian’s affidavit of age, and a record of the age as given in the register of the school first attended by the minor, if obtainable, or in the earliest available school census, shall accompany the physician’s certificate of age.
No evidence authorized by a subsequent subdivision of the order of proof herein enumerated shall be accepted unless there be received and filed substantial evidence that the proof required by the preceding subsections cannot be obtained. If subsequent proof of age of the sort required under this section shall be likewise filed and shall conclusively establish the falsity of the proof previously filed, the Secretary of Labor and Human Resources shall cancel the certificate and shall issue or refuse a new one, according to the age thus established. The proof of age in the files of the Child Bureau shall be receivable in all future applications for employment certificates without such proof being again required; Provided, That upon each new application the applicant’s physical fitness for the particular employment must be reestablished as hereinafter provided.
All birth or baptismal certificates, passports, or any other documentary record submitted as proof of age may be returned to the minors upon request, after the officials authorized to issue the certificates shall have made a literal transcription thereof for their files.
History —May 12, 1942, No. 230, p. 1298, § 8, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/439/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 439 - Employment of minors—Medical certificate as to physical and mental fitness
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 439 - Employment of minors—Medical certificate as to physical and mental fitness
|
The certificate of physical and mental fitness required by §§ 431—443a and 446—456 of this title shall be signed by a physician and shall state the height and weight of the minor; that said minor has been submitted to a thorough examination by said physician upon filing application for an employment certificate; that said minor has attained the normal physical development of a minor of his age; that he is in sound health and physically and mentally fit for the employment specified in the statement submitted according to the provisions of §§ 431—443a and 446—456 of this title.
History —May 12, 1942, No. 230, p. 1298, § 9, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/440/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 440 - Employment of minors—School record requirements
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 440 - Employment of minors—School record requirements
|
The school record required by §§ 431—443a and 446—456 of this title for the issuance of an employment certificate shall be signed by the principal of the school last attended by the child, or by some one duly authorized by said principal, said record shall bear the name, date of birth, grade last completed, and address of the minor; Provided, That in the case of a certificate issued to work outside class hours, the school record shall bear a certificate stating that the child regularly attends school, and that, in the opinion of the principal, he can be employed in such gainful occupation without detriment to his progress in school, but said certificate of the principal shall not be required in the case of employment certificates issued to work during vacations.
History —May 12, 1942, No. 230, p. 1298, § 10, eff. 90 days after May 12, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/441/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 441 - Employment of minors—Age certificates for persons over eighteen
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 441 - Employment of minors—Age certificates for persons over eighteen
|
Upon request of any person over eighteen (18) years of age who wishes to work, the official in charge of issuing employment certificates may issue an age certificate stating that he is over eighteen (18) years of age, if the employer requires him to present proof of his age. Upon receiving this age certificate, the employer may keep and file it while the person is working for him. When the minor ceases to work for him, the employer shall return said certificate.
History —May 12, 1942, No. 230, p. 1298, § 11; July 20, 1979, No. 146, p. 343, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/441a/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 441a - Employment of minors—Record of the minor
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 441a - Employment of minors—Record of the minor
|
The record of a minor before a court shall not constitute an impediment for applying or obtaining employment, a position or office in the public service or the private sector. Any natural or juridical person who rejects an employment application of a minor of eighteen (18) years of age or fails to give the minor employment only because said person did not have access to the records of the applicant, shall be sanctioned with a fine of not less than one thousand dollars ($1,000) nor of more than five thousand dollars ($5,000).
History —May 12, 1942, No. 230, p. 1298, added as § 12 on Aug. 26, 2005, No. 87, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/442/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 442 - Employment of minors—Duties of employer
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 442 - Employment of minors—Duties of employer
|
Every employer receiving an employment certificate issued to a minor between fourteen (14) and less than eighteen (18) years of age shall return said certificate to the local office of the Department of Labor and Human Resources within the two (2) days following the date of the termination of the minor’s employment. Failure to make such return shall be sufficient cause for the department to refuse other permits. No new employment certificate shall be issued to any minor until he submits a new statement from the employer. An employment certificate shall be valid only to the employer for whom the permit is issued and for the occupation designated in the employer’s statement. The employer shall obtain and keep on his files, accessible to any official, inspector, or other person authorized to enforce or to assist in the enforcement of §§ 431—443a and 446—456 of this title, the employment certificates issued to minors while they are working with said employer. The refusal of any employer to produce, during an inspection, such employment certificate, or the presence of any minor under eighteen (18) years of age in his establishment or in the surroundings of his establishment, without holding an employment certificate, or at any hour not specified in the notice of hours referred to by §§ 431—443a and 446—456 of this title, shall be prima facie evidence of a violation of the provisions governing the employment of minors. The presence of a minor under eighteen (18) years of age in any working place shall be prima facie evidence that the minor is employed.
History —May 12, 1942, No. 230, p. 1298, § 12, renumbered as § 13 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/443/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 443 - Employment of minors—Permit to peddle
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 443 - Employment of minors—Permit to peddle
|
No minor under fourteen (14) years of age shall, on his own, engage or be employed by an employer in peddling, a word which means, according to law, the sale, offering for sale, solicitation, collection, or distribution of any article, product or merchandise, on the street, in any public place or from house to house; Provided, further, That no minor under sixteen (16) years of age shall engage or be employed in the delivery, sale or distribution of lottery tickets or cuadros or papeletas of hippodromes, dog racecourses (canódromos) or jai-alai centers or frontons.
Whenever a child between fourteen (14) and less than sixteen (16) years of age shall wish to engage, for his own account, in peddling (other than the delivery, sale or distribution of lottery tickets or race-track cuadros and papeletas) outside class hours, the parent or custodian of the child shall apply to the official authorized to issue employment certificates in the district where the child resides, for a special peddler’s permit authorizing said work. Such application shall set forth the specific nature of the work to be performed by the child, the hours when he is to engage in peddling, and the special conditions under which this is to be done; and said application shall be accompanied by the evidence required in subsections (b), (c) and (d) of § 437 of this title for the granting of regular employment certificates. Whenever said child is to be employed by an employer, the authorized official may issue a special peddler’s permit upon fulfillment of the same requirements as are required for a regular employment certificate; and in both cases, after it is found out upon investigation that the facts stated in the application are true and that the work will not impair the child’s health or his progress at school.
Special peddler’s permits shall authorize the employment of said minor only at such time when he has finished his daily school work, and his work shall be subject to the maximum hours stipulated in § 433 of this title for minors between fourteen (14) and eighteen (18) years of age.
The employment of minors between fourteen (14) and sixteen (16) years of age as peddlers shall be prohibited after ten o’clock in the evening and before six o’clock in the morning.
Minors between sixteen (16) and eighteen (18) years of age shall abide by the provisions governing night work, established in § 433 of this title.
History —May 12, 1942, No. 230, p. 1298, § 13; Apr. 15, 1946, No. 325, p. 870, § 2; June 29, 1954, No. 90, p. 464; June 23, 1976, No. 16, p. 723, § 1; renumbered as § 14 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/443a/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 443a - Employment of minors—Peddling of newspapers, etc
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 443a - Employment of minors—Peddling of newspapers, etc
|
Notwithstanding any provision to the contrary in §§ 431—443a and 446—456 of this title or any other law, the sale, offering for sale, soliciting, collection and distribution of newspapers, magazines, pamphlets, circulars or any other publicity material by minors shall be governed by the norms established in this section. For purposes of the following provisions, by interested party it shall be understood to be the owner, editor, distributor or authorized representative.
Any minor who delivers, offers, solicits, sells, or distributes newspapers, magazines, pamphlets, circulars or any other publicity material on the streets or in any other public place, or from house to house, shall be deemed to be serving an employment, and to be an employee of the natural or artificial person—whether the owner, editor or general distributor—whose newspapers, magazines, pamphlets, circulars, or publicity material are delivered, offered, solicited, sold or distributed by said minor, and even if said natural or artificial person employs agents, representatives, resellers or independent contractors in the handling of said peddling business. The relation between employer and employee established herein shall only serve the purpose of including the minor under the provisions of §§ 1—42 of Title 11 (Workmen’s Accident Compensation Act).
No child under twelve (12) years of age shall engage or be employed in the delivery, distribution, or sale of newspapers, magazines, pamphlets, circulars or any other publicity material.
Minors between twelve (12) and eighteen (18) years of age may engage and be employed in the delivery, distribution and sale of newspapers, magazines, pamphlets, circulars or any other publicity material, but said work may only be done from house to house, on the street or in any public place during the hours comprised between 5:30 A.M. and 7:30 A.M. and between 5:00 P.M. and 7:00 P.M. from Monday to Friday and between 6:00 A.M. and 7:00 P.M. on Saturdays, Sundays and holidays, provided said work does not interfere with the attendance at classes of said minors.
No minor under eighteen (18) years of age shall engage or be employed in the delivery, distribution or sale of newspapers, magazines, pamphlets, circulars or any publicity material in zones or places which, in accordance with the regulations provided to that effect by the Secretary of Labor and Human Resources, are considered dangerous to the safety and life of minors. It is hereby expressly declared that the roadway zone of any street or highway is intrinsically dangerous and under no circumstances shall minors under eighteen (18) years be allowed to engage in the selling, offering or distribution of newspapers, magazines, pamphlets, circulars or any other publicity material in said roadway zones.
Any minor between twelve (12) and eighteen (18) years of age who wishes to engage or be employed in the delivery, distribution or sale of newspapers, magazines, pamphlets, circulars or any other publicity material shall submit personally or through any interested party to the Offices of the Department of Labor and Human Resources the following documents:
(1) Any authentic document serving to prove his age.
(2) Any other document that in the judgment of the Secretary of Labor and Human Resources or his representative is satisfactory to prove the age of the applicant.
(3) Certificate of the school authorities showing that the working hours for which the authorization is applied do not interfere with his school hours.
(4) Document of consent of the father, mother, guardian or custodian stating that he or she agrees in that authorization to work be issued to said minor.
(5) Letter or contract signed by his prospective employer stating the place, hours, salary and nature of the work to be done by the minor.
In case the interested party does not submit to the Department of Labor and Human Resources all the aforesaid documents at the time of applying for the employment authorization of the minor, said party shall have a term of three (3) working days to furnish the documents lacking, it being understood that from the time said party files the application for authorization with the Department of Labor and Human Resources, from that very moment the minor may start to work and shall henceforth have the protection of §§ 1—42 of Title 11. After the lapse of the said term of three (3) working days, the interested party may not continue using the services of the minor, and any violation of this provision shall be subject to the penalty established for the interested party in §§ 431—443a and 446—456 of this title.
Once the requirements above provided are complied with and it is verified that the minor is twelve (12) years old or over, that his attendance at classes will not be affected by the work he intends to do, on the basis of the documents that the minor or any interested party has submitted, and that the minor will not work in dangerous zones or places, the Department of Labor and Human Resources shall issue to him the written authorization requested, and shall send a copy thereof to the prospective employer for him to keep in his files and to show it when any authorized official or employee of the Department of Labor and Human Resources or of any other government agency so requests. The Department of Labor and Human Resources shall keep in its files a copy of the written authorizations issued hereunder. The written authorization issued under this section shall authorize the minor obtaining it to work only for the employer who signed the letter or the contract presented to the Department of Labor and Human Resources.
Any newspaper enterprise or editing concern, agent, or representative thereof, reseller or independent contractor, as well as any parent, guardian or custodian of a minor who employs, permits or tolerates minors between twelve (12) and eighteen (18) years of age to engage in the delivery, distribution or selling of newspapers, magazines, pamphlets, circulars or any other publicity material without the written authorization provided in this section, or who, having it, requires, permits or tolerates them to do said work in zones or places designated herein or which may be designated by regulations as dangerous, or who, having the said written authorization, requires, permits or tolerates them to do said work in hours other than those indicated in this section shall be guilty of a misdemeanor and upon conviction punished by a fine not less than ten dollars ($10) nor more than fifty dollars ($50), or imprisonment in jail not to exceed fifteen (15) days, for the first offense; by a fine not less than fifty dollars ($50) nor more than one hundred dollars ($100), or imprisonment in jail not to exceed ninety (90) days, for the second offense; or by a fine not less than two hundred dollars ($200) nor more than six hundred dollars ($600), or imprisonment in jail not to exceed six (6) months, or both penalties, in the discretion of the court, for any subsequent offense.
Any person covered by the definition of interested party in the first paragraph of this section who submits fraudulent documents to the representatives of the Department of Labor and Human Resources to obtain the working authorization contemplated in §§ 431—443a and 446—456 of this title or who does not submit any document within the term of three (3) working days herein established and during which the minor was permitted to work without the official permit issued by the authorized officials or representatives of the Department of Labor and Human Resources shall be guilty of a misdemeanor and upon conviction punished by a fine not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or imprisonment in jail not to exceed sixty (60) days, for the first offense. In case of recidivism, by a fine not less than three hundred dollars ($300) nor more than six hundred dollars ($600), or imprisonment in jail for not less than sixty (60) days nor more than six (6) months, or both penalties, in the discretion of the court.
The Secretary of Labor and Human Resources is hereby imposed the duty to use the attorneys of his Department to act as special prosecutors in all criminal actions instituted in the courts of Puerto Rico for violations of the provisions of this section.
The regulations which the Secretary of Labor and Human Resources is empowered to prepare for implementing the provisions of this section shall take effect not later than sixty (60) days after the effectiveness of this act.
History —May 12, 1942, No. 230, p. 1298, added as 13-A on June 29, 1954, No. 90, p. 464; June 23, 1955, No. 101, p. 532; June 23, 1976, No. 16, p. 723, § 2; renumbered as § 14-A on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/446/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 446 - Employment of minors—Certain work for minors under sixteen (16) prohibited
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 446 - Employment of minors—Certain work for minors under sixteen (16) prohibited
|
No minor under sixteen (16) years of age shall be employed, or permitted or suffered to work as messenger in the distribution or delivery of merchandise or messages for any person, firm or corporation during the hours comprised between 6:00 P.M. and 6:00 A.M., nor shall any minor be employed or permitted or suffered to work in any store, restaurant or cafeteria where alcoholic beverages are retailed, or in any hotel or boarding house.
History —May 12, 1942, No. 230, p. 1298, § 16; June 23, 1976, No. 16, p. 723, § 3; renumbered as § 17 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/447/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 447 - Employment of minors—Disposal of services of minor under eighteen (18) as acrobat, beggar, e...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 447 - Employment of minors—Disposal of services of minor under eighteen (18) as acrobat, beggar, etc., prohibited
|
Every person having in his custody a minor under eighteen (18) years of age who employs, exhibits, apprentices, sells, gives away, or in any way disposes of such child with a view to employing him as an acrobat, or a gymnast, or a contortionist, or rope-dancer, or in any exhibition of like character, or as a beggar, or street singer or musician, or as a blind’s or invalid’s guide, and any person causing or procuring said minor to be so engaged, shall be guilty of a misdemeanor and sentenced to a fine not exceeding two hundred and fifty dollars ($250), or to imprisonment for not less than ten (10) days nor more than one year, or to both penalties, in the discretion of the court.
History —May 12, 1942, No. 230, p. 1298, § 17, renumbered as § 18 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/448/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 448 - Employment of minors—Dangerous occupations; Board for Determining Occupations Dangerous to M...
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 448 - Employment of minors—Dangerous occupations; Board for Determining Occupations Dangerous to Minors; regulations; enforcement
|
(a) No minor under eighteen (18) years of age shall be employed, or permitted, or suffered to work in any occupation dangerous or injurious to his life, health, education, safety and welfare, whenever said danger or injury is so determined through regulations by the Board hereinafter created.
(b) A board is hereby established to be known as the “Board for Determining the Occupations Dangerous to Minors”, hereinafter called the “Board”, which shall be composed of three members, namely: the Secretary of Labor and Human Resources or his delegate, who shall be the Chairman; the Secretary of Education or his delegate; the Secretary of Health or his delegate. At the first meeting of the said Board there shall be elected a secretary from among its members.
(c) Said Board shall work out regulations establishing and determining the occupations which are dangerous or injurious to the life, health, education, safety and welfare of minors under eighteen (18) years of age; under what conditions said occupations cease to be dangerous and injurious to them; fixing the minimum age a minor under eighteen (18) years, male or female, must be in order to be employed in the various occupations and jobs that may be defined in the regulations, and the disciplinary measures or administrative penalties which shall be taken or imposed against an employer who violates the provisions of said regulations. Upon preparing the regulations the Board shall take into consideration the basic purposes of this section to safeguard fully the life, health, education, safety and welfare of minors under eighteen (18) years of age who need to be employed in order to earn their living, as well as to prevent employers from employing, in the performance of their activities, minors under eighteen (18) years of age in occupations that may adversely affect their normal development.
(d) For the adoption of the regulations it shall be necessary that the Board hold public hearings which shall be duly announced. Once the regulations are adopted, they shall be submitted to the Governor of Puerto Rico for approval, and upon approval by the Governor, they shall have the force of law. A copy of the said regulations shall be transmitted to the Legislature. Whenever it becomes necessary to adopt any amendment or modification to the regulations approved pursuant to the provisions of this section, such modification or amendment shall be adopted by the Board following the procedure herein set forth.
(e) The Secretary of Labor and Human Resources shall be in charge of enforcing the provisions of this section and of the regulations which may be adopted for the purpose, but in the meantime, the provisions of the existing law shall remain temporarily in force until the regulations to be promulgated by the Secretary of Labor and Human Resources shall take effect.
(f) None of the provisions of this section shall be applicable to work performed by minors in public or private schools in Puerto Rico under the direct supervision and instruction of school officials or teachers, neither to those students or graduates from occupational training courses heretofore or hereafter offered by the Department of Education or other private educational institutions duly accredited by said Department in the occupations thus classified, provided the student or graduate from such courses is sixteen (16) years of age or over and the Secretary of Labor and Human Resources, in the case of students receiving training in vocational courses, certifies that the occupation and working place in which the minor is to render services meet the requirements established by the Department of Labor and Human Resources and have established the security measures required by said agency; or that, in the case of graduates from occupational training courses, the Secretary of Labor and Human Resources determines that the industry in which the minor is to render services meets the requirements established by the agency for the employment of minors. By occupational training shall be understood that type of education directed at training a person to start working and advance in an occupation.
(g) The Board shall conduct, as a minimum, a review of the occupations that are dangerous for eighteen (18) -year-old minors every five (5) years. It shall implement and develop the public policy of gradually extending non-dangerous employment activities, as well as the new market changes and emerging occupations to young persons over sixteen (16) years of age.
History —May 12, 1942, No. 230, p. 1298, § 18; July 12, 1960, No. 111, p. 313, § 2; July 30, 1974, No. 270, Part 2, p. 314, § 1; renumbered as § 19 on Aug. 26, 2005, No. 87, § 2; July 30, 2007, No. 90, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/449/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 449 - Employment of minors—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 449 - Employment of minors—Penalties
|
Whoever employs, procures, or permits a minor to be employed in violation of any provision of §§ 431—443a and 446—456 of this title, or of an order issued by the Department of Labor and Human Resources in accordance with the provisions of § 448 of this title, or refuses entry or inspection as authorized in § 455 of this title shall be guilty of a misdemeanor and shall be sentenced to a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). For each violation of §§ 431—443a and 446—456 of this title, or of any section or provision hereof, after the first violation, the employer shall be guilty of a misdemeanor and shall be sentenced to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or in default thereof, to imprisonment in jail for a term of not more than ninety (90) days; Provided, That no complaint charging a violation of §§ 431—443a and 446—456 of this title shall be set aside upon the plea of accumulation of offenses or defect of form, whenever the offense or offenses charged are included within the provisions of §§ 431—443a and 446—456 of this title. Whoever continues to employ a minor in violation of the provisions of §§ 431—443a and 446—456 of this title, after being notified by an official or other person authorized to enforce §§ 431—443a and 446—456 of this title or to assist in its enforcement, shall for every day thereafter while such illegal employment of each minor continues, be sentenced to a fine not exceeding two hundred dollars ($200), or to imprisonment for a term of not more than sixty (60) days, or to both penalties, fine and imprisonment, in the discretion of the court; and whoever forges or procures to be forged, or who assists in forging or, with intent to evade any of the provisions of §§ 431—443a and 446—456 of this title, alters a birth certificate or other evidence of the age of any child, and whoever presents or assists in presenting a forged or altered certificate or evidence of age, and whoever misrepresents the age of such child for the purpose of fraudulently securing an employment certificate, shall be sentenced to a fine not exceeding five hundred dollars ($500), or to imprisonment for not more than one year, or to both penalties, fine and imprisonment, in the discretion of the court.
History —May 12, 1942, No. 230, p. 1298, § 19, renumbered as § 20 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/450/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 450 - Employment of minors—Compulsory school attendance for minors under sixteen (16)
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 450 - Employment of minors—Compulsory school attendance for minors under sixteen (16)
|
Every parent, tutor, or guardian having charge of a minor under sixteen (16) years of age shall cause such minor to be instructed in a public or private school and to attend regularly such school during the period of each year the public schools of the Commonwealth are in session, on the customary days and during the regular hours of the school term.
History —May 12, 1942, No. 230, p. 1298, § 20, renumbered as § 21 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/451/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 451 - Employment of minors—Inspection of record of attendance
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 451 - Employment of minors—Inspection of record of attendance
|
The record of school attendance shall be open to the inspection of the officers or other persons duly authorized to enforce §§ 431—443a and 446—456 of this title, who may inspect or copy the same.
History —May 12, 1942, No. 230, p. 1298, § 21, renumbered as § 22 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/452/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 452 - Employment of minors—Notice of absence from school of minors under sixteen (16)
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 452 - Employment of minors—Notice of absence from school of minors under sixteen (16)
|
As may be determined by the Secretary of Education, it shall be the duty of every principal or teacher of a public or private school to report to the Secretary of Labor and Human Resources the name of any minor under sixteen (16) years of age enrolled in said school who has been absent therefrom for a week during any school month for the purpose of working, and such notice shall be sent to the Department of Labor and Human Resources immediately after such absence.
The School Supervisor may issue a certificate excusing from attendance at school any minor who, after the required examination, is found to be mentally unfit to attend; Provided, That if said examination shows that the minor may benefit from instruction in an ungraded or special class, he shall attend such class.
History —May 12, 1942, No. 230, p. 1298, § 22, renumbered as § 23 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/454/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 454 - Employment of minors—Perjury of parent or guardian; inducing school absence
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 454 - Employment of minors—Perjury of parent or guardian; inducing school absence
|
Every parent, guardian, or other person who, with the intent to violate the provisions of §§ 431—443a and 446—456 of this title, makes a false statement concerning the age or school attendance of a minor under sixteen (16) years of age who is in his custody shall, upon conviction, be sentenced to a fine of not to exceed fifty dollars ($50). Any person who induces or attempts to induce any minor under sixteen (16) years of age to be absent unlawfully from school, or who knowingly employs or harbors, while school is in session, any minor unlawfully absent from school, shall, upon conviction, be punished by a fine of not to exceed fifty dollars ($50).
History —May 12, 1942, No. 230, p. 1298, § 24, renumbered as § 25 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/455/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 455 - Employment of minors—Inspection of premises; administering oaths
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 455 - Employment of minors—Inspection of premises; administering oaths
|
In order to enforce the provisions of §§ 431—443a and 446—456 of this title, the Secretary of Labor and Human Resources, the chief of the Child Bureau, the supervisors of the Department of Labor and Human Resources, and other officers duly appointed in accordance with §§ 431—443a and 446—456 of this title, shall be authorized to enter any place or establishment mentioned herein, and shall have power to examine the employment or age certificates filed by the employer and all other records that may aid in the enforcement of §§ 431—443a and 446—456 of this title. The persons authorized to issue the aforesaid employment certificates are hereby empowered to administer all necessary oaths; Provided, That no fee whatsoever shall be charged for such certificates.
History —May 12, 1942, No. 230, p. 1298, § 25, renumbered as § 26 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/456/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 456 - Employment of minors—Exclusive cognizance of Court of First Instance; trial without jury
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 456 - Employment of minors—Exclusive cognizance of Court of First Instance; trial without jury
|
The Court of First Instance shall have exclusive cognizance in all cases of violations of §§ 431—443a and 446-456 of this title; Provided, That said cases shall be heard before a court without a jury.
History —May 12, 1942, No. 230, p. 1298, § 26, renumbered as § 27 on Aug. 26, 2005, No. 87, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/467/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 467 - Working mothers’ protection—Maternity leave
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 467 - Working mothers’ protection—Maternity leave
|
Pregnant working women shall be entitled to a rest period which shall include four (4) weeks before and four (4) weeks after childbirth. The working woman may opt to take only one (1) week of prenatal rest and extend up to seven (7) weeks the postnatal rest she is entitled to, provided she presents a medical certification to her employer showing that she is able to work up to one (1) week before childbirth. The physician shall take into consideration the type of work performed by the female worker. The rest period provided herein and all the rights or benefits provided by §§ 467—474 of this title, shall be applicable to every female worker who is at work or who is enjoying vacation or sick leave, as well as any other special leave or rest period authorized by law in which the employer-employee bond continues to be in effect. Provided, That every female worker who adopts a preschool-aged child, that is, a child who is five (5) years of age or less and is not registered in school pursuant to the legislation and legal procedures in force in Puerto Rico, shall be entitled to the same benefits under the maternity leave as a female worker has who gives birth to a child. In said case, the leave shall start to count as of the date in which the child joins the family unit. In order to claim said right, the female worker must notify the employer at least thirty (30) days in advance [of] her intention to adopt a child, plans for maternity leave and reinstatement to her job. Furthermore, she shall submit evidence to the employer of the adoption procedures issued by a competent organization.
The employer shall likewise be bound to pay the working mother during said rest period her full salary, wages, day wages or compensation that she has been receiving for her work. This payment shall be made at the time the employee begins to enjoy her maternity leave or maternity by adoption leave. Provided, That the average salary, wages, day wages or compensation that she has been receiving during the six (6) months prior to commencing her rest period shall be used as the basis to compute her full salary, wages, day wages or compensation; or, if it is not possible to apply said six-month period, the salary, wages, day wages or compensation the working woman was earning at the time she began to enjoy the leave or special rest period approved by law.
In the case of maternity by a birth which occurred before the weeks of prenatal rest to which the pregnant working woman is entitled have elapsed, or before she has begun said prenatal rest period, she may choose to extend the postnatal rest for a period of time equal to that which she failed to enjoy during the prenatal period, and it shall also be paid to her on a full salary basis; Provided, That the working mother may request to be reinstated to her employment after the first two (2) weeks of the postnatal rest period, if a medical certificate is presented to her employer certifying that she is able to work. In this case, the working woman shall be deemed to have waived the other weeks of postnatal rest to which she is entitled. When the probable date of childbirth is mistakenly estimated, and the woman has enjoyed four (4) weeks of prenatal rest without having given birth, she shall be entitled to have the prenatal leave extended on a full salary basis until the birth occurs, in which case the additional period for which the prenatal rest is extended shall be paid in the same manner and terms established for the payment of regular salaries, wages, day wages or compensations. If the working woman suffers any postnatal complication which prevents her from working after the four-week period, reckoning from the date of the childbirth, the employer shall be under the obligation to extend the rest period for a term which shall not exceed twelve (12) additional weeks, provided that before the expiration of said rest period, a medical certificate attesting to such facts is presented. In this case, the working woman shall not be entitled to receive additional compensation, but her position shall be reserved for her.
In the case of an adopting working mother, she may request to be reinstated to her work at any time after she has begun to enjoy her maternity leave. Provided, That in such case it shall be deemed that the adopting working mother waives any remaining term of the leave to which she is entitled.
History —Mar. 13, 1942, No. 3, p. 284, § 2; May 13, 1947, No. 398, p. 766, § 1; June 19, 1969, No. 39, p. 73, § 1; Aug. 5, 1975, No. 20, p. 653, § 1; May 4, 1982, No. 7, p. 12, § 1; July 31, 1991, No. 39, § 1; Mar. 10, 2000, No. 54, § 1; Oct. 28, 2000, No. 425, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/468/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 468 - Working mothers’ protection—Position kept open
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 468 - Working mothers’ protection—Position kept open
|
During the rest periods referred to in § 467 of this title, the employer shall be bound, notwithstanding any stipulation to the contrary, to reserve the position of the pregnant female worker and the female worker who adopts a child pursuant to §§ 467—474 of this title, the legislation and legal procedures in force in Puerto Rico or in any jurisdiction of the United States.
History —Mar. 13, 1942, No. 3, p. 284, § 3; Aug. 5, 1975, No. 20, p. 653, § 2; Mar. 10, 2000, No. 54, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/469/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 469 - Working mothers’ protection—Discharge for pregnancy forbidden
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 469 - Working mothers’ protection—Discharge for pregnancy forbidden
|
The employer shall not, without just cause, discharge a pregnant woman or a woman who adopts a child pursuant to the legislation and legal procedures in force in Puerto Rico or in any jurisdiction of the United States of America. Diminished performance in work, due to the state of pregnancy, shall not be understood as just cause.
(a) Any employer who dismisses, suspends, reduces the salary, or discriminates in any manner against a worker for reason of a decrease in productivity while in the state of pregnancy, or who refuses to reinstate her in her position after childbirth or adoption of a child pursuant to the legislation and legal procedures in force in Puerto Rico or in any jurisdiction of the United States of America, shall incur in civil liability and shall pay a sum equal to twice the amount of the damages caused to the female worker, or a sum of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), at the discretion of the court, if pecuniary damages cannot be determined, or double the amount thereof, should the total amount be less than one thousand dollars ($1,000).
The female employee shall also be entitled to be reinstated in her position, under penalty, for the employer, of incurring in additional damage identical or equal to those established in this section.
History —Mar. 13, 1942, No. 3, p. 284, § 4; June 19, 1969, No. 39, p. 73, § 2; Mar. 10, 2000, No. 54, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/470/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 470 - Working mothers’ protection—Medical certificate required; issued without charge
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 470 - Working mothers’ protection—Medical certificate required; issued without charge
|
In order to make use of the rest established in § 467 of this title, the working mother shall present the employer a medical certificate showing that the state of pregnancy at which she has arrived requires said rest as provided herein. It shall be the obligation of the physicians who supervise the prenatal care and/or childbirth to issue every working mother who so requests, free of all cost, after the corresponding examination, a certificate showing the state of the pregnancy, as well as the other medical certificates mentioned in § 467 of this title.
History —Mar. 13, 1942, No. 3, p. 284, § 5; Aug. 5, 1975, No. 20, p. 653, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/471/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 471 - Working mothers’ protection—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 471 - Working mothers’ protection—Penalties
|
Any employer who denies any working mother the rest period or the maternity leave for adoption to which she is entitled to by law, or who permits said worker to work in his/her office, establishment or business place during the last week of pregnancy or the subsequent two (2) weeks immediately after birth, without the pregnant working mother having previously submitted herself voluntarily to medical examinations with the physician or medical specialist of her choice, and a report or medical certification has been submitted to the employer assuring that the condition and state of health of the working mother does not prevent her from performing her work or task, indicating such fact specifically, and stating in turn any special instruction or limitation regarding the time and place in which the working mother may be able to perform her work or task; or any employer who does not pay, in whole or in part, the salary, pay, daily wages or compensation to which she is entitled during said rest period or for the adoption of a child by virtue of the laws and procedures in force in Puerto Rico or any jurisdiction of the United States of America pursuant to the provisions of § 467 of this title, or who discharges her for reason of her state of pregnancy, or for her intention of adopting, or who does not keep the job position reserved for her as determined herein, or who avails him/herself of any recourse, fraud, deceit or subterfuge to deceive, deny or deprive any working mother from the referred rest period or maternity leave for adoption to which she is entitled to, shall incur a misdemeanor and if convicted, shall be punished by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or imprisonment for a term of not less than thirty (30) days or more than ninety (90), or both penalties at the discretion of the court.
History —Mar. 13, 1942, No. 3, p. 284, § 6; Aug. 5, 1975, No. 20, p. 653, § 4; Dec. 26, 1997, No. 188, § 1; Mar. 10, 2000, No. 54, § 4.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/472/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 472 - Working mothers’ protection—Claim for rest period; procedure
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 472 - Working mothers’ protection—Claim for rest period; procedure
|
Whenever a female worker has to file a claim against her employer for the enjoyment of the rest period established herein or for any sum on account of salary, pay, daily wages or compensation corresponding to said rest period or maternity leave for adoption, as determined herein, she may avail herself of the procedure set forth in Act No. 10 of 1917, as subsequently amended, or any other legal procedure.
In the event the claim is sustained, the judgment shall order the employer to grant the rest period to which the petitioner is entitled to, or to pay the corresponding salary, pay, daily wages or compensation, as the case may be, plus a reasonable sum for costs, expenses and attorney fees.
History —Mar. 13, 1942, No. 3, p. 284, § 7; Mar. 10, 2000, No. 54, § 5.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/473/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 473 - Working mothers’ protection—Definition of working woman
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 473 - Working mothers’ protection—Definition of working woman
|
For the purposes of §§ 467—474 of this title, “working woman” shall be understood to be every woman employed, through salary, wages, day wages, or any other kind of compensation, in any office, commercial or industrial establishment, or public-service enterprise.
History —Mar. 13, 1942, No. 3, p. 284, § 8, eff. 90 days after Mar. 13, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/474/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 474 - Working mothers’ protection—Regulations
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 474 - Working mothers’ protection—Regulations
|
The Secretary of Labor and Human Resources shall promulgate the rules necessary for the enforcement of §§ 467—474 of this title.
History —Mar. 13, 1942, No. 3, p. 284, § 9, eff. 90 days after Mar. 13, 1942.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/475/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 475 - Artistic or show business activities—Employment of minors under fourteen (14)
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 475 - Artistic or show business activities—Employment of minors under fourteen (14)
|
With the prior authorization of the Secretary of Labor and Human Resources, aside from what has been established in other laws in effect, addressed to regulating the employment of minors, children less than fourteen (14) years of age may be contracted and used to work or engage in artistic activities or show-business activities, such as musicians, dancers, actors, introducers, announcers, hosts or hostesses, models, dramatic readers, which are not harmful to their health or morals or that otherwise threatens the life or physical integrity of the minor. The child’s participation in such activities shall be subject to the terms and conditions that the Secretary of Labor and Human Resources establishes in the authorization he issues.
What is provided herein shall be understood as being applicable to any type of contracting, employment or use, in which girls and/or boys under fourteen (14) years of age are involved, to work, engage in or carry out artistic activities or show-business activities, as these terms are defined by regulations, according to the provisions of § 475a of this title.
History —July 13, 1985, No. 112, p. 389, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/475a/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 475a - Artistic or show business activities—Rules and regulations
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 475a - Artistic or show business activities—Rules and regulations
|
The Secretary of Labor and Human Resources, in coordination with the Secretary of Education, and the Secretary of Health, shall define, through regulations, the terms “artistic activities”, and “activities pertaining to the field of show business”, and shall also promulgate the rules needed for the faithful compliance of §§ 475—475b of this title. The regulations shall include, among others, the following areas: regarding the state of health, academic studies, and working hours required of the minor.
History —July 13, 1985, No. 112, p. 389, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/475b/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 475b - Artistic or show business activities—Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 475b - Artistic or show business activities—Penalties
|
Any person who contracts, employs, uses or tries to employ or use a minor, or allows a minor to work, or uses a minor in the activities mentioned in § 475 of this title, without the authorization of the Secretary of Labor and Human Resources, or is guilty of violating the regulating provisions promulgated under §§ 475—475b of this title, or does not comply with the terms and conditions established in the authorization issued, shall be guilty of a misdemeanor and punished with a fine which shall not be less than seventy-five dollars ($75), nor more than two hundred dollars ($200). For any recurrence, the person shall be punished with a fine that shall not be less than one hundred dollars ($100), nor more than five hundred dollars ($500), or imprisonment for one day for every five dollars ($5) he fails to pay, up to a maximum of ninety (90) days in jail. Provided, That any report of a violation of §§ 475—475b of this title may not be dismissed alleging concurrence of action or by defect of form, provided the fault or faults reported are comprised within the terms of §§ 475—475b of this title. Any person who, after being notified by an official or person authorized to enforce the compliance of §§ 475—475b of this title, or to help in said enforcement, that continues employing minors in violation of the provisions of §§ 475—475b of this title, shall be punished for each day that he/she continues violating §§ 475—475b of this title with a fine that shall not exceed two hundred dollars ($200), or imprisonment for a term which shall not exceed sixty (60) days, or both penalties at the discretion of the court; and any person who, in order to evade any of the provisions of §§ 475—475b of this title, alters a birth certificate or other proof of the age of a child; any person who submits or helps to submit a false or altered certificate or proof; and any person who falsely alters the age of said child with the purpose of fraudulently obtaining a work certificate, shall be punished with a fine that shall not exceed five hundred dollars ($500) or imprisonment for a term no greater than six (6) months, or both penalties at the discretion of the court.
History —July 13, 1985, No. 112, p. 389, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/476/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 476 - Statement of purpose
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 476 - Statement of purpose
|
The Government of Puerto Rico declares that its public policy is to protect and guarantee the physical, mental and emotional health of its children and young people in order to foster healthier lifestyles which promote their welfare. It is imperative to implement and develop all those measures addressed to safeguard the compelling interest of the Government to protect the health, safety and general welfare of its citizens, and particularly that of its minor children.
In the exercise of its power to establish regulations in favor of the public interest and its inherent power as parens patriae to ensure the safety and welfare of all minors, the Government of the Commonwealth of Puerto Rico hereby adopts the express prohibition to employ, contract or use minors under eighteen (18) years of age in work or activities that promote the sale and use of alcoholic beverages and tobacco-related products.
History —Aug. 17, 1998, No. 204, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/476a/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 476a - Prohibition
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 476a - Prohibition
|
It is hereby prohibited to employ, contract or use minors under eighteen (18) years of age to work, participate in or devote themselves to publicity, promotional, marketing and advertising activities and any other activities addressed to promote the sale and use of alcoholic beverages and tobacco-related products.
History —Aug. 17, 1998, No. 204, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/476b/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 476b - Requirement concerning proof of age
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 476b - Requirement concerning proof of age
|
Any natural or juridical person who is interested in employing, contracting or using persons to work, participate, or engage in publicity, promotional, marketing and advertising activities and any other activities addressed to promote the sale and consumption of alcoholic beverages and tobacco-related products, shall require one of the following documents attesting to the age of said person:
(a) Certified copy of the birth certificate or transcript thereof certified by the Registry of Vital Statistic.
(b) Passport issued by the Department of State of the United States of America.
(c) Any other documentary record issued and certified by a Court establishing the age of the person.
History —Aug. 17, 1998, No. 204, § 3.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/476c/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 476c - Powers
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 476c - Powers
|
The Secretary of the Department of Labor and Human Resources, in coordination with the Secretary of the Department of Justice, shall adopt the necessary measures for the faithful compliance of the provisions of §§ 476—476d of this title.
History —Aug. 17, 1998, No. 204, § 4.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19/476d/
|
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 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d)›§ 476d - Penalties
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 476d - Penalties
|
Any natural or juridical person who employs, contracts, uses, seeks to employ or use or allows a minor under eighteen (18) years of age to work or be used in the activities listed in § 476a of this title, shall incur a misdemeanor and upon conviction shall be punished by a term of imprisonment that shall not exceed six (6) months or a fine that shall not be less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or both penalties, at the discretion of the court.
History —Aug. 17, 1998, No. 204, § 5.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478 - Definitions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478 - Definitions
|
(a) Central government agency.— Any subdivision of the Executive Branch of the Government of Puerto Rico, such as those departments, boards, commissions, administrations, offices, banks and public corporations that do not operate as private businesses; or any of its respective heads, directors, executives or persons who act as their representatives.
(b) Public corporation.— Means the following corporations that hold assets controlled by the Government of Puerto Rico: The Land Authority, the Electric Power Authority, the Government Development Bank, the Ports Authority, the Industrial Development Company and subsidiaries, and those other government agencies engaged in or that may in the future engage in profitable businesses or in activities that seek financial benefits.
(c) Nursling. — Means any infant under the age of one (1) year who is nourished with breast milk.
(d) To express breast milk.— Process whereby the mother expresses breast milk from her body with the proper equipment.
(e) Working day.— Means, for the purposes of the application of this chapter, the full-time working day of the working mother consisting of seven (7) and a half (½) hours.
(f) To breastfeed.— The act of nursing an infant with breast milk.
(g) Nursing mother.— Any woman working in the public or private sector who has given birth to a child, be it through natural methods or surgery, who is breastfeeding her baby; as well as any woman who has adopted a child, and who by the intervention of scientific methods is able to breastfeed the child.
(h) Municipality.— Means a geographical demarcation with all its barrios, that has a particular name and is governed by a local government constituted by a legislative power and an executive power.
(i) Employer.— Any natural or juridical person for whom a mother works. This includes the public sector, the central government agencies, public corporations and municipalities, the Judiciary Branch, and the private sector.
History —Dec. 16, 2000, No. 427, § 2; Nov. 6, 2006, No. 239, § 1.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478a/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478a - Period to nurse or express breast milk
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478a - Period to nurse or express breast milk
|
The period granted to breastfeed or to express breast milk is hereby regulated by granting working mothers who return to work after enjoying maternity leave the opportunity to nurse their children for an hour during each full-time working day, a period which may be divided into two (2) thirty (30)-minute sessions or three (3) [twenty] (20)-minute sessions, to go to where the child to be breastfed is being cared for, should the company or employer have a child care center in its facilities, or to express breast milk at the place provided for such purposes in the workplace.
In the case of businesses considered as small businesses in accordance with the size regulations of the Small Business Administration (SBA), these shall be bound to provide a period of half (1 / 2) an hour during each full-time working day for breastfeeding mothers to breastfeed or express breast milk which may be divided into two (2) [fifteen] (15)-minute periods.
History —Dec. 16, 2000, No. 427, § 3; Nov. 6, 2006, No. 239, § 2.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478b/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478b - Period to nurse or express breast milk—Maximum duration
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478b - Period to nurse or express breast milk—Maximum duration
|
The term to nurse or to express breast milk shall have a maximum duration of twelve (12) months within the workplace, from the time the working mother returns to her duties.
History —Dec. 16, 2000, No. 427, § 4, eff. 90 days after Dec. 16, 2000.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478c/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478c - Medical certificate
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478c - Medical certificate
|
Any working mother who wishes to take advantage of the opportunity to breastfeed her child, pursuant to the provisions of this chapter, shall submit to her employer a medical certificate to that effect during the term corresponding to the fourth (4th) and eighth (8th) months of the infant. Said certificate, to be submitted not later than the fifth (5th) day of each term, shall vouch for and certify that said mother has been nursing her baby.
History —Dec. 16, 2000, No. 427, § 5, eff. 90 days after Dec. 16, 2000.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478d/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478d - Negotiation
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478d - Negotiation
|
The period to breastfeed or to express breast milk granted by this chapter, may be subject to negotiation between the employer and employee represented by its exclusive representative in every autonomous and independent body of the Government of Puerto Rico as well as in every public corporation governed by the Puerto Rico Labor Relations Act, §§ 62 et seq. of this title.
The period to breastfeed or to express breast milk may also be subject to negotiation in any collective bargaining agreement executed as of January 1, 2000, pursuant to §§ 1451 et seq. of Title 3, known as the “Puerto Rico Public Service Labor Relations Act”.
History —Dec. 16, 2000, No. 427, § 6, eff. 90 days after Dec. 16, 2000.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478f/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478f - Obligation of employer
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478f - Obligation of employer
|
All employers shall guarantee to all working mothers who so request, the right to breastfeed their children or to express breast milk. Once the schedule to breastfeed or to express breast milk is agreed upon between the breastfeeding mother and the employer, it shall not be changed without the express consent of both parties.
History —Dec. 16, 2000, No. 427, § 8, renumbered as § 7 and amended on Nov. 6, 2006, No. 239, § 4.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478g/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478g - Exemption of payment of taxes
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478g - Exemption of payment of taxes
|
Any employer of a private company who grants its employees the period to nurse their babies granted by this chapter shall be exempted from the payment of annual taxes equal to one (1) month of the salary of the employees exercising said right. The tax incentive shall only apply to the employer and not to the employee who uses the period to breastfeed or to express breast milk.
History —Dec. 16, 2000, No. 427, § 9, renumbered as § 8 and amended on Nov. 6, 2006, No. 239, § 5.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19a/478h/
|
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 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h)›§ 478h - Action to uphold the right; fines
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19A - Regulate the Period to Breastfeed or to Express Breast Milk (§§ 478 — 478h) › § 478h - Action to uphold the right; fines
|
Any nursing mother denied by her employer the period granted by this chapter to breastfeed or to express breast milk may resort to the pertinent forum to demand that her rights be upheld. The forum with jurisdiction may impose a fine to the employer who refuses to uphold the right herein established for the damages suffered by the employee. Said fine may be equal to three times the salary paid to said employee for each day she was denied the period to nurse or express breast milk.
History —Dec. 16, 2000, No. 427, § 10, renumbered as § 9 on Nov. 6, 2006, No. 239, § 6.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479/
|
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 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479 - Definitions
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g) › § 479 - Definitions
|
For the purpose of this chapter, the following terms and phrases shall have the meanings stated below:
(a) Training.— Means for the purposes of this chapter, the type of education that is directed to train a person in the construction field.
(b) Certificate of employment.— Means a certificate issued by the Secretary of Labor and Human Resources, or a person or entity designated by him/her, to a person between sixteen (16) and eighteen (18) years of age, enrolled in a vocational course, to work during the summer recess with an employer or authorized entity, pursuant to the provisions of this chapter; or the certificate of employment for the summer recess months, issued by the Secretary of Labor and Human Resources to a person between sixteen (16) and eighteen (18) years of age, attending a high school, who as part of his/her curriculum, has taken or is taking training courses in work related to the construction industry; or the certificate issued by the Secretary of Labor and Human Resources to a person between sixteen (16) and eighteen (18) years of age, who has graduated from a regular Department of Education Program, or any equivalent program approved by the Department of Education.
(c) Medical certificate.— Means the certificate of physical capacity signed by a physician, stating that the minor has been submitted to a physical examination, and that he/she has attained the normal physical development of a minor his/her age, that he/she is in sound health and physically and mentally fit for employment in the construction industry.
(d) Birth certificate.— Means a certificate issued by request to a person between sixteen (16) and eighteen (18) years of age, attesting to the date of birth and age, and issued by the Puerto Rico General Registry of Vital Statistics.
(e) Student.— Means a person studying in an educational institution duly credited by the Department of Education.
(f) Graduate student.— Means that person who is graduated from an educational institution duly-accredited by the Department of Education, after having completed the regular high school or vocational school program, or through courses or GED tests approved by the Department of Education.
(g) Apprentice permit.— Means a certificate issued by the Secretary of Labor and Human Resources to a person between the ages of 16 and 18 years, permitting his/her employment by an employer or authorized entity, while attending vocational courses, as part of his/her practical training in an area related to construction.
(h) Employment permit.— Means the permit issued by the Secretary of Labor and Human Resources to a person between sixteen (16) and eighteen (18) years of age, who is attending school or has graduated from a vocational or regular school that includes vocational courses, accredited by the Department of Education or the Department of Labor and Human Resources, authorizing his/her employment by an employer or authorized entity, as part of his/her practical work training in an area related to construction. Such authorization shall be for a fixed term.
(i) Minor.— For the purposes of this chapter, means any person between the ages of sixteen (16) and eighteen (18) years.
(j) Employer.— Means any natural or juridical person, whether principal or agent, that employs a minor.
(k) Authorized employer.— Means every employer, contractor, special partnership, company, corporation or entity of any sort engaged in construction industry, duly accredited by the Secretary of Labor and Human Resources to employ a minor who has been granted an employment or apprentice permit. In order to be authorized, such employer shall have to certify that he/she has implemented successful safety program in his/her enterprise and that he/she has followed it. Likewise, he/she shall have consistently met every requirement established by federal and state laws regarding the employment of minors.
(l) Lucrative occupation.— Means work carried out in any construction work or job, directly or indirectly performed in any part of the Commonwealth of Puerto Rico, and for which the person who performs or carries it out is remunerated.
History —Aug. 10, 2002, No. 161, § 2, eff. 90 days after Aug. 10, 2002.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479a/
|
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 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479a - Employment of minors, prior medical evaluation
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g) › § 479a - Employment of minors, prior medical evaluation
|
The Secretary of Labor and Human Resources, or the person duly authorized or appointed by him/her, to grant authorizations for the employment of minors between sixteen (16) and eighteen (18) years of age, in any occupation related to construction which is carried out by any authorized employer, while attending vocational courses, or after the completion thereof, as provided by § 479 of this title. In order for the permit to be granted, the minor must be examined by a physician who shall issue a certificate establishing the physical capacity of the minor to be employed in the construction industry.
History —Aug. 10, 2002, No. 161, § 3, eff. 90 days after Aug. 10, 2002.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479b/
|
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 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479b - Working hours
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g) › § 479b - Working hours
|
The minors to whom the permits described in § 479 of this title are granted, who are between sixteen (16) and eighteen (18) years of age, can be employed in construction work or activities by an authorized employer, and may work for not more than five (5) consecutive days in one week, nor more than eight (8) hours in a single day. No working day fixed for the minors to whom this chapter applies, shall begin before six (6) o’clock in the morning or after six (6) o’clock in the afternoon. No working schedule shall conflict with the school schedule of said minor. The Secretary of Labor and Human Resources shall adopt the pertinent regulations to enforce these purposes. The Secretary of Labor and Human Resources shall establish pertinent and adequate regulations to grant the job permits mentioned in § 479 of this title, as well as any others that are pertinent, to protect the physical and metal integrity of the minor and his/her general well-being, in addition to the records that are hereinafter provided. Said regulations shall take full effect not later than sixty (60) days after their approval.
History —Aug. 10, 2002, No. 161, § 4, eff. 90 days after Aug. 10, 2002.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479c/
|
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 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479c - Rest period
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g) › § 479c - Rest period
|
A minor between sixteen (16) and eighteen (18) years of age, employed in a construction project by an authorized employer, shall not be permitted nor allowed to work for a period of more than five (5) consecutive hours, without being allowed a period of at least one (1) hour to eat or rest.
History —Aug. 10, 2002, No. 161, § 5, eff. 90 days after Aug. 10, 2002.
|
https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479d/
|
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 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479d - Employment permits and apprentice permits; issuing procedure
|
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g) › § 479d - Employment permits and apprentice permits; issuing procedure
|
The employment or apprenticeship permit shall be issued by the Secretary of Labor and Human Resources or by any person duly-authorized by him/her, in cases of minors attending school, or that have graduated from a public or vocational school as the case may be, from vocational or occupational training courses related to construction. Said permit shall state the name, sex, date of birth and the residence of the minor, and shall be signed by the person issuing it, and also shall include the nature of the occupation specifically related to the construction field which the minor is taking or has completed as part of his/her vocational training.
In the case of the apprenticeship permits, they shall be issued only after sixty (60) days that the minor has been enrolled and is attending a vocational program. Said apprenticeship permits may also be issued to those regular students (of regular courses) in institutions accredited by the Department of Education, even though they are not vocational schools, or any other program accredited by the Department of Education, provided they do not conflict with the normal class curriculum or equivalent program of studies approved by the Department of Education.
The permits shall only be valid for the occupation or occupations designated therein. It shall also bear the number, the date of issue, and the signature signed of the minor in whose behalf it was issued.
The original of said employment permit shall be handed to the minor to be given to the employer, or shall be remitted to the employer directly. A copy of the original shall be given to the minor. A second copy of the authorization shall be kept in the pertinent office of the Department of Labor and Human Resources, and another copy shall be remitted to the Department of Education. The Secretary of Labor and Human Resources or the official authorized by him/her to issue employment permits or apprentice permits, may refuse to issue a certificate or permit to any minor if in his opinion, there is a reason to believe that the best interests of said minor will be better served by refusing the permit. A register shall be kept of the permits approved and of those denied, indicating in the latter the reasons for their denial. A registry shall also, be kept of the construction contractors available to employ minors.
The Secretary of Labor and Human Resources, whenever he/she deems it convenient, may revoke any previously granted permit, for which it shall only be necessary to communicate it to the employer and the minor.
History —Aug. 10, 2002, No. 161, § 6, eff. 90 days after Aug. 10, 2002.
|
Subsets and Splits
Unemployment Word Count by State
Calculates the total word count of documents related to unemployment in each state, revealing insights into the volume of unemployment-related content by location.
CO Title 8 Word Count
Calculates the total number of words in the content of entries related to 'Title 8' in Colorado, providing insight into the volume of text data available for that specific category and state.