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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479e/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479e - Duties of the employer
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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) › § 479e - Duties of the employer
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Every employer to whom a certificate has been issued, authorizing him/her to employ minors in construction works or jobs, shall regularly comply [with] the requirements of all labor laws and regulations, as well as all federal and Commonwealth employment safety measures and specifically, the “Occupational Safety & Health Act” (OSHA) and its corresponding regulations. Minors may work with said employers, provided, that during the year prior to their employment, the employers certify that they have implemented a successful safety program and are following it. The employer shall obtain and keep accessible in his files, to any officer, inspector or any other person, authorized by the Secretary of Labor and Human Resources to enforce this chapter, a copy of the work permits of the minors and evidence of the safety programs implemented. Likewise, the employer shall obtain and keep accessible, the employment authorizations issued to the minors while they are working with said employer, and, shall also keep all the records that show that he/she is complying with federal and state occupation safety legislation. The Secretary of Labor and Human Resources is hereby empowered to examine the records of the authorized employers listed in the office of OSHA and PROSHA, that are interested in, or are in fact employing minors. The refusal of any employer to furnish, the employment authorization or apprenticeship authorization of a minor during an inspection, shall be prima facie evidence of a violation of the provisions on the employment of minors.
In addition, every employer shall conspicuously post a printed notice. In all construction projects where a minor between sixteen (16) and eighteen (18) years of age is working, stating faithfully and exactly, the provisions of this chapter.
History —Aug. 10, 2002, No. 161, § 7, eff. 90 days after Aug. 10, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479f/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479f - Dangerous occupations
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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) › § 479f - Dangerous occupations
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No minor shall be permitted, or suffered to work in certain occupations or perform specific functions in construction that are dangerous to the minor’s health, or life, or do not better serve his/her interests whenever said occupations or functions are so determined through regulations established by the Secretary of Labor and Human Resources. In order to establish which those occupations and functions are, the Secretary shall examine the normal conditions of the construction industry.
Any person who after a formal administrative hearing, as provided in the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, is found to have acted or made an effort to employ, or allows the employment of a minor in violation of any provision of this chapter, or of an order issued by the Secretary of Labor and Human Resources, or who refuses the entrance or inspection authorized by this chapter, or through regulations approved hereunder, shall be punished with a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).
History —Aug. 10, 2002, No. 161, § 8, eff. 90 days after Aug. 10, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-19b/479g/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 19B - Employment of Youths in Construction Industry (§§ 479 — 479g)›§ 479g - Notice of absence
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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) › § 479g - Notice of absence
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Any authorized employer, who employs minors between sixteen (16) and eighteen (18) years of age, with their corresponding employment authorizations or apprentice authorizations, shall notify the name of any minor who has been absent from work during a week without furnishing a medical excuse or for just cause to the Secretary of Labor and Human Resources and the Secretary of the Department of Education.
History —Aug. 10, 2002, No. 161, § 9, eff. 90 days after Aug. 10, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/501/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 501 - Payment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 501 - Payment
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Any employer who employs one or more workers or employees within the period of twelve (12) months comprised from October first of any natural year until September 30th of the subsequent natural year shall be bound to grant to each one of said employees, who have worked seven hundred (700) hours or more or one hundred (100) hours or more in the case of dock workers, within the period set forth, a bonus equal to 3% of the total wage up to maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2006, to 4.5% of the total wage up to a maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2007, to 6% of the total wage up to a maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2008, earned by the employee or worker within said period of time. It is hereby provided that every employer who employs fifteen (15) workers or less shall grant a bonus equal to 2.5% of the total wage up to maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2006, to 2.75% of the total wage up to a maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2007, to 3% of the total wage up to a maximum of ten thousand dollars ($10,000) for the bonus to be granted in 2008. The total of the amounts to be paid by reason of said bonus shall not exceed 15% of the net annual profit of the employer, within the period comprised from September 30th of the preceding year until September 30th of the year to which the bonus corresponds. Provided, however, That on computing the total of the hours worked by an employee to receive the benefits of this chapter, those hours worked for the same employer though the services have been rendered in different businesses, industries and other activities of this employer shall be counted.
This bonus shall constitute compensation in addition to any other wages or benefits of any other nature to which the employee is entitled, but any other bonus of the same nature to which the employee is entitled shall be creditable by virtue of the individual work contract.
History —June 30, 1969, No. 148, p. 550, § 1; June 19, 1970, No. 12, p. 428, § 1; June 25, 1972, No. 27, p. 427, § 1; Sept. 29, 2005, No. 124, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/502/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 502 - Date of payment; penalty
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 502 - Date of payment; penalty
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The payment of the bonus herein established shall be made not prior to the first (1st) nor after the fiftenth (15th) of each month of December, except in such cases in which the employer and his workers or employees may have convened by mutual agreement on another date.
If the payment of the bonus herein established is not made in the manner and within the term already set forth, or on the date in which the employer, his workers and employees may have convened, the employer shall be bound to pay, in addition to said bonus, a sum equal to one-half the sum of the bonus by reason of additional compensation when the payment has been made within the first six (6) months of its noncompliance. If the payment is delayed more than six (6) months, the employer shall be bound to pay another sum equal to said bonus, as additional compensation.
History —June 30, 1969, No. 148, p. 550, § 2; June 19, 1970, No. 12, p. 428, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/503/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 503 - Procedure for claiming
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 503 - Procedure for claiming
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The procedure established by §§ 3118—3132 of Title 32 may be used to make judicial claims under this chapter.
History —June 30, 1969, No. 148, p. 550, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/504/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 504 - Employer defined
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 504 - Employer defined
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To the effects of this chapter there shall be understood by “employer” any natural or [juridical] person of any nature who, with or without the intention of profit, employs or allows to work laborers, workers or employees through any kind of compensation, and by “dock workers” those persons who work in the loading, unloading or handling of any type of article or merchandise which arrives, leaves or is stored in any of the maritime docks or piers of the island of Puerto Rico, and which are employed by employers engaged in maritime transportation.
History —June 30, 1969, No. 148, p. 550, § 4; June 19, 1970, No. 12, p. 428, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/505/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 505 - Exclusions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 505 - Exclusions
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Persons employed in farm activities, in household duties, or in a family residence or in charitable nonprofit institutions, and the officials and employees of the Commonwealth, its public corporations and municipalities who hold office, position or employment of a continuous or irregular character, shall be excluded from the provisions of this chapter.
History —June 30, 1969, No. 148, p. 550, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/506/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 506 - Exceptions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 506 - Exceptions
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The provisions of this chapter shall not apply in cases where the workers or employees receive an annual bonus by collective agreement, except in the event where the amount of the bonus to which entitled by such collective agreements may result lower than the one provided by this chapter in which case they shall receive the necessary amount to complete the bonus provided hereby.
History —June 30, 1969, No. 148, p. 550, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-21/507/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507)›§ 507 - Rules and regulations and other powers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 21 - Bonus to Workers and Employees (§§ 501 — 507) › § 507 - Rules and regulations and other powers
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The Secretary of Labor and Human Resources is hereby authorized to adopt those rules and regulations as he may deem necessary for the best and due administration of this chapter.
He is likewise authorized to request and require the employers to furnish under oath if required to do so, any available information with regard to the balance sheets, profit and loss statements, account books, payment schedules, wages, hours of work, statement of changes in the financial status, and the corresponding notations, and any other information he deems necessary, etc., for the best administration of this chapter, and to such effects, the Secretary of Labor and Human Resources may prepare forms such as schedules which may be obtained by the employers through the Department of Labor and Human Resources and shall be completed and filed in the offices of the Department of Labor and Human Resources within the term prescribed by the Secretary.
He is also empowered to audit and examine the employer’s books, accounts, files and other documents on his own or through his subordinates to determine their responsibility towards their employees under this chapter.
For the employer to avail him of the provisions of § 501 of this title, which exempts him/her from paying all or part of the bonus established therein when he has not obtained profits from his business, industry, trade, or firm or when the profits are not sufficient to cover the total amount of the bonus without exceeding the fifteen [percent] (15%) limit of the net annual profits, he shall submit to the Secretary of Labor and Human Resources not later than November 30th of each year a general balance sheet and a profit and loss statement for the twelve (12)-month period from October 1 of the previous year to September 30th of the current year, duly certified by a certified public accountant, in evidence of said financial status.
Provided, That when the employer is a cooperative organized under the laws of the Commonwealth of Puerto Rico, it shall not be necessary for the general balance sheet and the profit and loss statement to be certified by a certified public accountant. In this case, the Secretary of Labor and Human Resources shall accept the profit and loss statement that has been audited by the Office of the Inspector of Cooperatives with its internal auditors, and that covers the period of time required in this chapter.
If the employer does not submit the above general balance sheet and the profit and loss statement within the term and in the manner above, he shall be bound to pay the complete bonus of the basis of 3%, 4.5%, or 6%, as the case may be, of the total wages computed up to a maximum of ten thousand dollars ($10,000), or 2.5%, 2.75%, or 3%, as the case may be, of the total wages up to a maximum of ten thousand dollars ($10,000), when the employer employs fifteen (15) workers or less, even when he has not obtained profits in his business or when these are insufficient to cover the total bonus on the basis of the [fifteen percent] (15%) limit.
When an employer who has met the requirements with regard to the term and manner indicated in the above paragraphs does not pay the bonus established in this chapter in whole or in part, adducing that they have not obtained profits in their business, industry, trade, or firm, or that such profits are not sufficient to cover the total amount of the bonus without exceeding the fifteen percent (15%) limit fixed in § 501 of this title, the Department of Labor and Human Resources shall perform an audit to verify the employer’s accounts if in the judgment of the Secretary of Labor and Human Resources the general balance sheet does not fully justify the financial status of the business, industry, trade, or firm or when a complaint is filed by an employee.
A copy of the auditor’s report rendered as a result of said examination shall be handed to the respondent employer’s workers or employees. Also, copy of the report shall be sent to the Secretary of the Treasury. Except for what has been provided above, the information obtained by the Secretary of Labor or his duly authorized agents, by virtue of the powers conferred on them by this chapter, shall be of a confidential and privileged nature and shall only be revealed through the authorization of the Secretary of Labor and Human Resources.
The Secretary of Labor and Human Resources shall also enjoy those faculties and general investigative powers which have been conferred upon him in connection with the administration of this chapter for the best performance of his functions pursuant to the labor legislation administered by him.
History —June 30, 1969, No. 148, p. 550, added as § 7 on June 19, 1970, No. 12, p. 428, § 4; June 25, 1972, No. 27, p. 427, § 1; June 13, 1980, No. 130, p. 488, § 1; June 3, 1983, No. 70, p. 149; Mar. 26, 1986, No. 7, p. 17, § 1; Sept. 29, 2005, No. 124, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510 - Definitions
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(a) Agricultural worker.— Every person who works for pay in tasks directed to the agricultural and animal husbandry production, maintenance of a farm or its direct dependencies or incidentally to the storage, transportation, distribution and marketing of farm produce.
(b) Farmer.— Every natural or [juridical] person, engaged in agriculture in general, including all its subdivisions, such as sugarcane, livestock, poultry and others.
(c) Secretary.— The Secretary of Agriculture of the Commonwealth of Puerto Rico, or the officer or employee whom he may delegate.
History —June 19, 1971, No. 42, p. 121, § 1; Aug. 9, 1989, No. 51, p. 176, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510a - Bonus; amount; eligible workers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510a - Bonus; amount; eligible workers
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(a) From Fiscal Year 2009-2010 henceforth, an annual bonus shall be granted not to be less than one hundred sixty-five dollars ($165) or four percent (4%) of the worker’s annual income, whichever amount is greater, up to a maximum of two hundred thirty-five dollars ($235).
(b) This bonus shall be paid annually to those agricultural workers who have worked in Puerto Rico for not less than two hundred (200) hours or whose income is not less than two hundred dollars ($200) for wages and supplementary payments earned in agricultural tasks performed in Puerto Rico, within the period of twelve months comprised from July 1 of each year until June 30 of the following year, except as hereinafter provided in § 510j of this title in regard to the payment of the first bonus.
History —June 19, 1971, No. 42, p. 121, § 2; June 20, 1978, No. 13, p. 398, § 1; Aug. 9, 1989, No. 51, p. 176, § 2; Dec. 1, 2001, No. 168, § 1; Dec. 18, 2009, No. 187, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510c - Payment by Commonwealth
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510c - Payment by Commonwealth
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The Government of the Commonwealth of Puerto Rico, through the Agriculture and Livestock Services and Development Administration, an agency attached to the Department of Agriculture, shall pay the bonus established by this chapter no later than December 5 of the corresponding year, to eligible farm workers according to the reports that are referred to in § 510d of this title.
History —June 19, 1971, No. 42, p. 121, § 4; Dec. 1, 2001, No. 168, § 2, retroactive to July 1, 2001.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510d/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510d - Reports
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510d - Reports
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(a) The farmers shall render to the Department of Agriculture, not later than August 31 of each year, such reports as the Secretary may require to establish the eligibility of agricultural workers, as well as for computing the amount of the bonus provided by this chapter and for the payment thereof. In such cases in which he may deem it necessary, the Secretary shall provide a form on which the farmers shall indicate the name of each worker, the Social Security Number, the total hours worked, and the income derived by their work within each specified period, as well as any other information that the Secretary may deem proper for such cases.
(b) The Secretary shall obtain from the Department of Labor and Human Resources all such information as to determine the amount of the bonus of those agricultural workers employed in the agricultural phase of the sugar industry. The information thus obtained shall be kept confidential and shall not be disclosed in any manner.
(c) To determine the amount of the bonus herein provided, the Secretary may use, in addition to the reports and information provided in accordance with the previous subsections, any information supplied to the Department of Agriculture, by virtue of the provisions of Act June 29, 1969, No. 142.
History —June 19, 1971, No. 42, p. 121, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510e/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510e - Claims for failure to pay
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510e - Claims for failure to pay
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(a) The claim of farm workers regarding the rights granted by this chapter, shall be investigated by the Department of Agriculture; Provided, That every farm worker who does not receive the annual bonus in December, may claim the payment thereof until March 31 of the following year.
(b) Neither the Commonwealth of Puerto Rico nor the Department of Agriculture shall be liable for the payment of claims of agricultural workers motivated by the unfulfillment on the part of the farmers of any of the provisions of this chapter or by information which has not been supplied.
(c) If the claimant is eligible to the payment of the bonus provided by this chapter and he failed to receive same because of noncompliance of one or more of the farmers who were his employers with any of the duties imposed by this chapter or of the regulations adopted thereunder, the worker shall be entitled to claim from such employer or employers double the amount corresponding to him for said bonus, likewise, if such violations have had the effect of reducing the amount of the bonus to which the agricultural worker was entitled, the latter may claim from said employer or employers an amount equivalent to double the difference which he failed to receive.
When the responsibility of the sustained damage should fall on more than one employer, the amount of the penalty imposed in the preceding paragraph shall be distributed among said employers in proportion to the incomes derived by the agricultural worker from each one of them.
History —June 19, 1971, No. 42, p. 121, § 6; Dec. 1, 2001, No. 168, § 3, retroactive to July 1, 2001.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510f/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510f - Summons
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510f - Summons
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In compliance with the duties imposed by this chapter, the Secretary may issue summons requiring the appearance of witnesses and the presentation of data or information that the Secretary may consider necessary, including payrolls, salaries and hours of work records and accounting books.
If a summons issued by the Secretary is not duly complied with, the Secretary may appear before any Part of the Court of First Instance of Puerto Rico and request that the court order compliance with the summons. The Court of First Instance shall give preference to the expedition and dispatch of said petition and shall have the authority to issue orders making compulsory the appearance of witnesses or the presentation of any data or information that the Secretary has previously required. The court shall be empowered to punish for contempt disobedience of its orders.
No person may refuse to comply with a judicial order so issued alleging that the testimony, data or information required might incriminate him or render him liable to a penalty, but said person may not be criminally prosecuted in connection with any transaction, matter or thing, in regard to which he has given testimony or produced data or information.
History —June 19, 1971, No. 42, p. 121, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510g/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510g - False reports, penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510g - False reports, penalties
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Any natural or [juridical] person who, in the reports required by the Secretary in accordance with the provisions of § 510d of this title, gives false information shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200). He shall also be responsible for reimbursing the Department of Agriculture for any sum paid in excess to the agricultural workers for any bonus as the result of false information supplied.
History —June 19, 1971, No. 42, p. 121, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510h/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510h - Action by Secretary of Labor and Human Resources on behalf of workers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510h - Action by Secretary of Labor and Human Resources on behalf of workers
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The Secretary of Labor and Human Resources of the Commonwealth of Puerto Rico shall be entrusted with the attainment and exercising of the necessary judicial action in benefit of the agricultural workers when claiming from their employers the amounts established in § 510e of this title. For such purposes there shall apply the provisions in the labor legislation in force or that might be approved in the future, including everything in relation to the use of special procedures and prescriptive terms.
History —June 19, 1971, No. 42, p. 121, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510i/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510i - Rules and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510i - Rules and regulations
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The Secretary is hereby empowered to adopt the necessary rules and regulations for the implementation of the provisions of this chapter. The regulation so adopted shall have force of law; Provided, [That the] same become effective immediately after their approval and filing in the office of the Secretary of State of Puerto Rico with the copies required by law.
History —June 19, 1971, No. 42, p. 121, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510j/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510j - First bonus; amount; eligibility
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510j - First bonus; amount; eligibility
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(a) The bonus shall be paid directly to the agricultural workers on December of each year.
(b) Before the impossibility of compiling and of having available on time the necessary information so as to individually compute the amount of the bonus corresponding to each agricultural worker who qualifies, the first bonus to be paid on December 1971, shall be for a sum of twenty dollars ($20) for each worker.
To be eligible to receive said first bonus, the agricultural worker shall have worked in agricultural tasks during the second semester of the fiscal year 1970—71 not less than two hundred (200) hours or to have received an income of not less than two hundred dollars ($200) in agricultural tasks during said term.
History —June 19, 1971, No. 42, p. 121, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-i/chapter-23/510k/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART I - Labor Provisions Generally (§§ 1 — 510k)›Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k)›§ 510k - Use of appropriations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 23 - Annual Bonus to Agricultural Workers (§§ 510 — 510k) › § 510k - Use of appropriations
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(a) For the payment of the first bonus to be made by the Department of Agriculture to agricultural workers as provided in this chapter, the Secretary of Agriculture is hereby authorized to use the necessary sums for the payment of the bonus corresponding to the fiscal year 1970—71, from the funds appropriated or that might be appropriated for the compliance of §§ 2001—2009 of this title and Act June 29, 1969, No. 142 and former §§ 420—420f of Title 5.
The appropriations for subsequent fiscal years shall be set aside in the budget submitted annually to the Legislature by the Governor.
(b) The Secretary is hereby authorized to use up to one hundred thousand dollars ($100,000) from the funds necessary for the payment of the annual bonus to cover the administrative expenses which the execution of the provisions of this chapter may cause.
(c) The personnel appointed by the Secretary, chargeable to the funds appropriated by this chapter, shall be included in the Non-Competitive Service. In the administration of this program there shall not apply the provisions of the act which creates the Office of Transportation, Act No. 49 of Aug. 4, 1947, as amended, nor those of the act which creates the Purchase and Supplies Service, Act No. 96 of June 29, 1954, as amended.
(d) The Secretary of Agriculture is hereby authorized to transfer funds from the appropriation provided for any year pursuant to the provisions of §§ 2001—2009 of this title and Act June 29, 1969, No. 142 to complete payment of the bonus that the Department of Agriculture must give the agricultural workers. The Secretary is also authorized to transfer any surplus of funds appropriated for any year to comply with the provisions of this chapter, to be used in complying with the provisions of §§ 2001—2009 of this title and Act June 29, 1969, No 142.
History —June 19, 1971, No. 42, p. 121, § 12; Apr. 4, 1974, No. 4, Part 1, p. 103; June 21, 1977, No. 90, p. 204, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/521/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 521 - Work opportunities—Promoted by Economic Development Administration
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 521 - Work opportunities—Promoted by Economic Development Administration
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The Economic Development Administration is hereby authorized and directed to seek and promote opportunities for work for Puerto Rican workers both here and outside Puerto Rico.
History —Apr. 26, 1951, No. 148, p. 348, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/522/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 522 - Work opportunities—Travel contracts between employers and Development Company
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 522 - Work opportunities—Travel contracts between employers and Development Company
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The Puerto Rico Industrial Development Company is hereby authorized and directed to execute with responsible employers contracts through which the Development Company guarantees the unpaid balance of expenditures made by the said employers in paying the travel expenses of Puerto Rican workers to any specific place for the purposes of working at employment obtained for them under the program authorized by §§ 521—524 of this title, including among other items, travel and accident insurance during the journey and lodging and subsistence expenses for an initial period of not more than two weeks; Provided, That the disbursement insured by the Development Company in the abovesaid manner shall be reimbursed to the employer by the worker through reasonable proportional deductions from his periodic pay. The scale of deductions fixed shall first be approved by the Secretary of Labor and Human Resources of Puerto Rico. Nothing herein provided shall be understood as affecting, modifying, limiting or superseding the duties, obligations and liabilities of the Secretary of Labor and Human Resources, under the provisions of Act No. 89 approved May 9, 1947, as heretofore or hereafter amended.
When any employer insured hereunder incurs in a breach of the obligations assumed by him with respect to a Puerto Rican worker, as a result of which said worker loses his job, the Industrial Development Company shall, for such reason, be relieved from any obligation or liability under the insurance contract entered into between said Company and the employer. In these cases, the Economic Development Administrator and the Secretary of Labor and Human Resources shall jointly decide what they may deem pertinent in furtherance of the public interest; but they shall, in their determination, abide by the resolution of the arbitrators, committees, governmental agencies or courts of justices passing upon these cases.
History —Apr. 26, 1951, No. 148, p. 348, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/523/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 523 - Work opportunities—Cooperation of Departments of Labor and Human Resources and Education
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 523 - Work opportunities—Cooperation of Departments of Labor and Human Resources and Education
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The Departments of Labor and Human Resources and of Education of Puerto Rico shall participate in the above-said program by making available in the most effective manner possible all their facilities, including, among others, their facilities for the registration, examination, selection, recruitment, instruction, and training of workers.
History —Apr. 26, 1951, No. 148, p. 348, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/524/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 524 - Work opportunities—Regulations; personnel
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 524 - Work opportunities—Regulations; personnel
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The Economic Development Administration is hereby authorized to draft and promulgate any regulations necessary for achieving the most effective operation and results possible under §§ 521—524 of this title, and the said regulations shall have the force and effect of law on and after the date of their publication in a newspaper of general circulation in Puerto Rico.
The Economic Development Administration is hereby empowered to appoint, contract for and fix the compensation of the necessary personnel to carry out the purposes of §§ 521—524 of this title, without subjection to the provisions of Act No. 345 of May 12, 1947, as amended, creating the Office of Personnel.
History —Apr. 26, 1951, No. 148, p. 348, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/525/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 525 - Technological unemployment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 525 - Technological unemployment
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It is hereby provided that the following declaration of principles constitutes a public policy of the Commonwealth of Puerto Rico:
The advancement of science and its application through technology should be fully at the service of abolishing poverty in Puerto Rico.
While on the one hand, technological advancement raises labor wages, improves the competing conditions of Puerto Rican products in foreign markets, tends to lower prices in the local market and steps up the general economic development, on the other hand, it tends to cause unemployment and human suffering among the workers left out of a job because of said advancement.
Social responsibility compels us to simultaneously stimulate progress and attend to the human suffering which is temporarily one of its incidents in modern society.
History —June 8, 1962, J.R. No. 51, § 1, eff. July 1, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/526/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 526 - Contracts for work abroad—Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 526 - Contracts for work abroad—Definitions
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The following phrases and words shall have in §§ 526—534 of this title the meaning set forth hereinbelow:
Secretary.— Means the Secretary of Labor and Human Resources of the Commonwealth of Puerto Rico.
Employer.— Means any natural or [juridical] person, organization or entity contracting for work, requiring, inducing, or referring to work laborers under the provisions of §§ 526—534 of this title, himself or itself, or through agents or representatives; and including the chief, officer, manager, official, promoter, administrator, superintendent, supervisor, foreman, overseer, subagent or representative of said natural or [juridical] person, organization or entity.
Laborer (or worker).— Means such person as an employer may employ or intend to employ, either through offer of payment or compensation of any kind, to work in places outside of Puerto Rico. Upon holding of public hearing, the Secretary of Labor and Human Resources may determine what laborers shall be excluded from the application of §§ 526—534 of this title.
Person.— Means an individual, company, partnership, association, corporation, administrator, contractor, subcontractor, or the agent or employee of any such.
History —June 22, 1962, No. 87, p. 228, § 9; July 21, 1977, No. 7, p. 553, § 6; renumbered as § 11 on July 13, 1978, No. 54, p. 537, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/527/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 527 - Contracts for work abroad—Administrative regulation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 527 - Contracts for work abroad—Administrative regulation
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The Secretary is hereby granted authority to intervene, personally or through his agents, in all matters concerning the contracting for workmen whose services are to be used outside of Puerto Rico, including the fixing of such administrative norms as may be deemed necessary for such purposes.
History —June 22, 1962, No. 87, p. 228, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/528/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 528 - Contracts for work abroad—Information to Secretary
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 528 - Contracts for work abroad—Information to Secretary
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Every person, organization or agent purposing, himself or by any means, to recruit and contract laborers to work anywhere outside of Puerto Rico, shall get in touch with the Secretary and acquaint him, through the formularies furnished for the purpose, with everything concerning his plans, including information about the number of workers he intends to contract for; the media to be used for their transportation from Puerto Rico to their assigned working place; name and exact address of the employer; kind of work to be performed by the workers; wages to be paid them; the minimum guarantee of working hours, compensation, and other working conditions to be offered.
History —June 22, 1962, No. 87, p. 228, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/529/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 529 - Contracts for work abroad—Execution of contract
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 529 - Contracts for work abroad—Execution of contract
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Every person, organization, or agent domiciled in or outside of Puerto Rico who wishes to contract the services of workers in Puerto Rico to work outside of the Commonwealth shall execute a written contract with the persons to be employed, which shall contain the minimum guarantees fixed by the Secretary of Labor and Human Resources through regulations, and, upon its approval, the Secretary shall be committed to protect the workers’ rights pursuant to the terms thereof; Providing, That when the recruitment of migrant workers is performed through the Interstate System of the United States Employment Service, the Secretary, after having exhausted all efforts to negotiate a contract pursuant to §§ 526—534 of this title and the regulations promulgated thereunder, shall, in his discretion, relieve those employers who, in his judgment, comply with the applicable federal standards and regulations from complying with said obligation. Notwithstanding the above, the Secretary shall retain supervisory authority to guarantee full compliance of the conditions stipulated in the job offer filed by any employer.
History —June 22, 1962, No. 87, p. 228, § 3; July 21, 1977, No. 7, p. 553, § 2; July 13, 1978, No. 54, p. 537, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/529a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 529a - Contracts for work abroad—Guarantee by contractor
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 529a - Contracts for work abroad—Guarantee by contractor
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Every contract for workers to render services abroad shall be guaranteed by the person who contracts for such services, in the manner the Secretary of Labor and Human Resources deems convenient.
History —June 22, 1962, No. 87, p. 228, added as § 4 on July 13, 1978, No. 54, p. 537, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/529b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 529b - Contracts for work abroad—Technical or legal assistance
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 529b - Contracts for work abroad—Technical or legal assistance
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The Secretary of Labor and Human Resources, on his own account or by request of any worker, shall provide any technical or legal help he deems necessary to protect the rights and interests of the workers in the proper forum.
History —June 22, 1962, No. 87, p. 228, added as § 5 on July 13, 1978, No. 54, p. 537, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/530/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 530 - Contracts for work abroad—Recruitment and transportation, authorization
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 530 - Contracts for work abroad—Recruitment and transportation, authorization
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It shall be unlawful, on the part of any person or organization or its agents, to recruit and/or transport laborers to work outside of Puerto Rico without due authorization of the Secretary or his authorized representative. For the purposes of this section, “transportation” shall mean any act consisting of an attempt or inducement to obtain, or to deliver, fare tickets in any public carrier for any person within the limits of Puerto Rico, to go abroad to work; as well as the physical transportation of laborers knowing that the latter are going to work outside of Puerto Rico without due authorization.
History —June 22, 1962, No. 87, p. 228, § 4, renumbered as § 6 on July 13, 1978, No. 54, p. 537, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/531/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 531 - Contracts for work abroad—Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 531 - Contracts for work abroad—Regulations
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The Secretary is hereby empowered to adopt, upon the holding of public hearings, any rules or regulations he may deem necessary to enforce compliance with §§ 526—534 of this title, and such rules or regulations shall, once approved by the Governor, have force of law.
History —June 22, 1962, No. 87, p. 228, § 5; July 21, 1977, No. 7, p. 553, § 3; renumbered as § 7 on July 13, 1978, No. 54, p. 537, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/532/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 532 - Contracts for work abroad—Enforcement
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 532 - Contracts for work abroad—Enforcement
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The Secretary is hereby empowered to institute such judicial proceedings as he may deem necessary for the purpose of enforcing compliance with §§ 526—534 of this title.
History —June 22, 1962, No. 87, p. 228, § 6, renumbered as § 8 on July 13, 1978, No. 54, p. 537, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/533/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 533 - Contracts for work abroad—Court of First Instance, jurisdiction
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 533 - Contracts for work abroad—Court of First Instance, jurisdiction
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Original jurisdiction is hereby conferred upon the Court of First Instance of Puerto Rico to take cognizance of any proceedings for the violation of the provisions of §§ 526—534 of this title and in relation with the terms of the contract subscribed hereunder.
History —June 22, 1962, No. 87, p. 228, § 7; July 21, 1977, No. 7, p. 553, § 4; renumbered as § 9 on July 13, 1978, No. 54, p. 537, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-31/534/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534)›§ 534 - Contracts for work abroad—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 31 - Promotion of Employment Opportunities (§§ 511 — 534) › § 534 - Contracts for work abroad—Penalties
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Any person violating §§ 526—534 of this title or any section or provision thereof, or any rule or regulation promulgated thereunder, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a period of not more than six (6) months or by both penalties, in the discretion of the court. In case of recidivism, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) shall be imposed upon him, or he shall be imprisoned in jail for a term of not less than one month nor more than three (3) months, or by both penalties in the discretion of the court. In addition he shall be bound to civil responsibility:
(1) By a sum equal to double the amount of the damages caused to the worker or applicant for an employment in the event of breach of the terms of the contract subscribed pursuant to the provisions hereof; or
(2) by a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), in the discretion of the court, if the pecuniary damages could not be determined, or
(3) double the amount of the damages caused, if the latter were lower than one hundred dollars ($100).
History —June 22, 1962, No. 87, p. 228, § 8; July 21, 1977, No. 7, p. 553, § 5; renumbered as § 10 on July 13, 1978, No. 54, p. 537, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/551/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 551 - Public Employment Service—Short title and purpose
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 551 - Public Employment Service—Short title and purpose
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Sections 551—563 of this title shall be known as the “Puerto Rico Public Employment Service Act”. The purpose of §§ 551—563 of this title is to establish in Puerto Rico a system of free public employment offices for workers seeking employment and for employers seeking workers and to obtain for Puerto Rico the benefits of the Act of Congress approved June 6, 1933 (48 Stat. 113), as amended, known as the Wagner-Peyser Act.
History —Dec. 20, 1950, No. 12, p. 356, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/552/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 552 - Public Employment Service—Acceptance of provisions of Wagner-Peyser Act
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 552 - Public Employment Service—Acceptance of provisions of Wagner-Peyser Act
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Puerto Rico hereby accepts the provisions of the Act of Congress entitled “An act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system and for other purposes”, approved June 6, 1933 (48 Stat. 113), as amended.
History —Dec. 20, 1950, No. 12, p. 356, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/553/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 553 - Public Employment Service—Administrative organization
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 553 - Public Employment Service—Administrative organization
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The system of public employment offices created pursuant to the provisions of §§ 551—563 of this title shall be known as the “Puerto Rico Employment Service Affiliated with the United States Employment Service” and shall be administered through the Bureau of Employment and Migration in the Puerto Rico Department of Labor and Human Resources. The Secretary of Labor and Human Resources shall, through such bureau, establish and maintain free public employment offices in such form and in such places as may be necessary for the proper administration of §§ 551—563 of this title and for the purpose of performing such duties as are within the purview of said Act of Congress. The Secretary of Labor and Human Resources is hereby authorized and directed to appoint, in accordance with standards promulgated by the United States Secretary of Labor for the establishment and maintenance of a merit system for the administrative personnel, a Director and sufficient personnel to carry out the purposes of §§ 551—563 of this title. The Director and all employees shall be appointed within the Competitive Service of the Commonwealth Government. The bureau shall be administered by the Director, who shall, for the salary he may receive, devote his full time to the duties of the office. The bureau is hereby designated and constituted the agency for Puerto Rico for the purpose of said Act of Congress, with full power and authority to cooperate with all authorities of the United States having powers or duties under said Act of Congress, and to do and perform all things necessary to secure to Puerto Rico the benefits of such Act in the promotion and maintenance of a system of public employment offices.
History —Dec. 20, 1950, No. 12, p. 356, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/554/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 554 - Public Employment Service—Retention of personnel of United States Employment Service for Vet...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 554 - Public Employment Service—Retention of personnel of United States Employment Service for Veterans
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The Secretary of Labor and Human Resources shall, upon receipt of notice of approval by the United States Department of Labor of the Puerto Rico plan of operation, take forthwith such action as may be required by such plan, and provide for the appointment to and, subject to the provisions of §§ 551—563 of this title, the retention in the Puerto Rico Employment Service of the personnel of the United States Employment Service for Veterans of Puerto Rico who may be engaged in employment service activities in Puerto Rico on the date of the approval of this act, except those retained on the staff of the Veterans Employment Representative of the United States Employment Service.
History —Dec. 20, 1950, No. 12, p. 356, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/555/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 555 - Public Employment Service—Personnel status
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 555 - Public Employment Service—Personnel status
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Any employee of the Bureau of Employment and Migration in employment service activities, and any employee of the United States Employment Service for Veterans of Puerto Rico, who on the effective date of this act does not have employee status within the competitive service and who is appointed to the Puerto Rico Employment Service pursuant to §§ 551—563 of this title shall, within ninety (90) days after receipt of the notice of approval specified by § 554 of this title or, in the case of personnel of the United States Employment Service for Veterans, within ninety (90) days after appointment, be afforded a reasonable opportunity to acquire such status within the competitive service by taking, on a qualifying basis, the examination of the Office of Personnel for the position which he occupied on the date of enactment of this act or for the nearest comparable position. Any employee who, within said ninety (90) days is assigned to a position higher than the one which he occupied on the date of the approval of this act shall, concurrently with or immediately following the said examination, be given an opportunity for promotion to such higher position to which he was assigned, in accordance with the procedure established pursuant to the Personnel Act, Act May 12, 1947, No. 345.
History —Dec. 20, 1950, No. 12, p. 356, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/556/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 556 - Public Employment Service—Salary adjustment for personnel
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 556 - Public Employment Service—Salary adjustment for personnel
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During the ninety (90) day period provided for in § 555 of this title, any employee referred to in said § 555 of this title shall receive at least the same salary he was receiving on the day immediately preceding such transfer or appointment. At the expiration of such period each such employee shall be paid at the salary rate in the appropriate range nearest his prior salary, not exceeding the maximum rate for the class and grade in which his position is classified, in accordance with Act No. 345 of May 12, 1947, as amended. All such employees who fail to acquire employee status within the competitive service pursuant to § 555 of this title shall be promptly separated from the position they may be discharging in the Puerto Rico Employment Service.
History —Dec. 20, 1950, No. 12, p. 356, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/557/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 557 - Public Employment Service—Employment Service Administration Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 557 - Public Employment Service—Employment Service Administration Fund
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There is hereby created a special account to be known as the “Employment Service Administration Fund”. All moneys deposited or paid into said fund shall be continuously available to the Secretary of Labor and Human Resources for expenditure in accordance with the provisions of §§ 551—563 of this title, and shall not lapse at any time or be transferred to any other fund. The fund shall consist of all moneys received for the administration of §§ 551—563 of this title from the United States or any agency thereof, or from any other source; all moneys received from any agency of the United States or any state or territory as compensation for services or facilities supplied to any such agency by the Puerto Rico Employment Service; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Service Administration Fund, or by reason of damage to property, equipment, or supplies; and all moneys received from the sale or disposal of any such property, equipment, or supplies which may cease to be necessary for the proper administration of §§ 551—563 of this title.
History —Dec. 20, 1950, No. 12, p. 356, § 7; Apr. 5, 1952, No. 23, p. 58, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/558/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 558 - Public Employment Service—Funds secured by depositary bank
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 558 - Public Employment Service—Funds secured by depositary bank
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Moneys belonging to the Employment Service Administration Fund pursuant to the provisions of § 557 of this title shall be secured by the depositary bank by collateral in the full amount of the funds on deposit. Such security shall consist of:
(a) United States Government obligations, direct or guaranteed, and
(b) direct obligations of Puerto Rico. Such collateral security shall be pledged at not to exceed the face value of the obligation, and shall be kept separate and distinct from any collateral security pledged to secure other funds of Puerto Rico.
History —Dec. 20, 1950, No. 12, p. 356, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/559/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 559 - Public Employment Service—Appropriation and payment of moneys in fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 559 - Public Employment Service—Appropriation and payment of moneys in fund
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All moneys granted, accruing to or received by the Employment Service Administration Fund are hereby appropriated for the purposes mentioned in §§ 551—563 of this title and shall be paid out by the Secretary of the Treasury only upon vouchers prepared, approved and certified to by the Director of the Puerto Rico Employment Service or his agent duly authorized for such purpose. All moneys in this fund shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor and Human Resources for the proper and efficient administration of the Puerto Rico Employment Service.
History —Dec. 20, 1950, No. 12, p. 356, § 9; Apr. 5, 1952, No. 23, p. 58, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/560/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 560 - Public Employment Service—Secretary of Treasury’s liability
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 560 - Public Employment Service—Secretary of Treasury’s liability
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The Secretary of the Treasury shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Service Administration Fund provided under §§ 551—563 of this title. Such liability on the official bond of the Secretary of the Treasury shall be effective immediately upon the effectiveness of this act, and such liability shall exist in addition to any liability upon any separate bond existing on the effective date of this act, or which may be given in the future.
History —Dec. 20, 1950, No. 12, p. 356, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/561/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 561 - Public Employment Service—Replacement of fund money lost or misspent
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 561 - Public Employment Service—Replacement of fund money lost or misspent
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If the United States Secretary of Labor should find that any sum of money appertaining to the Employment Service Administration Fund has, because of any action or contingency, been lost or expended for purposes other than, or in amounts in excess of, those determined by said Secretary to be necessary for the proper and efficient administration of §§ 551—563 of this title, such sum shall be replaced from the sum therefor appropriated from the general funds of Puerto Rico to the Employment Service Administration Fund for expenditure as provided in § 557 of this title. Upon receipt from the Secretary of Labor of notice of such findings, the Director of the Budget shall forthwith report to the Governor the amount required to replace the sum in question, and the Governor shall, at the earliest opportunity, submit to the Legislature a request for the appropriation of such amount.
History —Dec. 20, 1950, No. 12, p. 356, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/562/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 562 - Public Employment Service—Advisory Council; establishment, members, purpose, expenses
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 562 - Public Employment Service—Advisory Council; establishment, members, purpose, expenses
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The Secretary of Labor and Human Resources shall establish an Advisory Council composed of men and women representing employers and employees in equal number, and representing the public interest for the purpose of fixing policies and discussing problems relating to the employment of workers and to the assurance of impartiality, neutrality and freedom from political influence in the solution of such problems. Members of the Advisory Council shall be selected from time to time in such manner as the Governor shall prescribe, and shall be paid per diems not exceeding fifteen dollars ($15) for each day they attend Council meetings, and shall be reimbursed for necessary traveling expenses in accordance with regulations therefor, applicable to employees of the Commonwealth Government. The Council shall have access to all files and records of the Puerto Rico Employment Service.
History —Dec. 20, 1950, No. 12, p. 356, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/563/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 563 - Public Employment Service—Political activities by officers or employees prohibited; penaltie...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 563 - Public Employment Service—Political activities by officers or employees prohibited; penalties
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(a) No officer or employee engaged in the administration of §§ 551—563 of this title may: (1) use his official authority or influence for the purpose of interfering with an election or a nomination for any office, or affecting the result thereof, or (2) directly or indirectly coerce, attempt to coerce, command or advise any such other employee to pay, lend, or contribute any part of his salary or compensation, or anything else of value, to any party, committee, organization, agency, or person for political purposes. No such officer or employee shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose, and to express their opinions on all political subjects and candidates. For the purposes of the second sentence of this section the term “officer or employee” shall not include:
(1) The Governor;
(2) duly elected or appointed heads of executive departments of the Puerto Rico Government or of any municipality, who are not in the competitive service of the Commonwealth Government;
(3) officers holding elective offices.
(b) Any officer or employee of the Puerto Rico Employment Service violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no funds appropriated by the Puerto Rico Legislature or granted by any agency of the federal government shall be used to pay the compensation of such person.
(c) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the competitive service.
(d) No person shall use directly or indirectly his official authority or influence to secure for any person an appointment to any position in the competitive service, or an increase in pay or other advantage, for the purpose of influencing the vote or political action in favor of any person, or for any other purpose.
(e) Any person who shall directly or indirectly coerce, attempt to coerce, or command any officer or employee of the Puerto Rico Employment Service to pay, lend or contribute any part of his salary or compensation or anything of value to any party, committee, organization, agency or person for political purposes shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment in jail for a term of not more than one year, or by both penalties.
History —Dec. 20, 1950, No. 12, p. 356, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/564/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 564 - Private employment agencies—Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 564 - Private employment agencies—Definitions
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As used in §§ 564—574 of this title, the terms hereinafter listed shall have the following meaning:
(a) Person.— Shall mean an individual, a company, partnership, association, corporation, manager, contractor, subcontractor, or the agent or employee of any of them.
(b) Fees.— Shall mean money or any valuable consideration, exacted, charged, collected, or received, directly or indirectly, or paid or promised to be paid, for any service or act described or enumerated in subsection (d) of this section.
(c) Employment.— Shall mean work contracted for, permitted, or agreed upon.
(d) Employment agency.— Shall mean any person or organization who, for a fee or without any compensation whatsoever regularly:
(1) Obtains, offers, or attempts to procure, employees for persons seeking the services of workmen, or employment for persons seeking employment;
(2) supplies workmen to render services under the direct or indirect supervision or the direction of persons seeking the services of workmen;
(3) through advertisements, either paid by it or by the employers, procures candidates for employment by other persons, excluding newspapers, radio, or television enterprises when publishing such advertisements in the course of their operations as such;
(4) through personal interviews, psychological or aptitude tests, occupational classification, or other analogous procedure, refers said candidates, to employers seeking their services, except when it renders said services in relation to employees or candidates for employment who are directly referred to it by the employers, or
(5) gives information by any means with respect to the place where the services of workmen may be obtained or the place where employment may be obtained, when attempting to perform any of the acts stated in clauses (1) through (4) of this subsection.
(e) Secretary.— Shall mean the Secretary of Labor and Human Resources of Puerto Rico.
(f) Department.— Shall mean the Department of Labor and Human Resources of Puerto Rico.
History —May 14, 1947, No. 417, p. 826, § 1; May 9, 1955, No. 29, p. 100, § 1; June 22, 1962, No. 91, p. 236, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/565/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 565 - Private employment agencies—Licenses
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 565 - Private employment agencies—Licenses
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Every person who wishes to operate an employment agency shall fill an application therefor on a form to be furnished by the Department. The Secretary shall, personally or through his subordinates, investigate the character, moral standing, business integrity, or any other particulars that said official may deem advisable to investigate with respect to the applicant. After the investigation is made, if the Secretary deems that the applicant is of a good moral character and business integrity and meets the other requirements provided or that may be provided by regulation, the Secretary shall issue a license to the applicant upon payment to the Department of Labor and Human Resources of a fee of twenty-five dollars ($25) in internal revenue stamps. No license shall be issued unless the applicant complies or is willing to comply with the provisions of §§ 564—574 of this title and the regulations issued hereunder. The agent or employee of an employment agency to which a license has been issued by the Secretary shall not need to obtain other license under §§ 564—574 of this title. Each license shall state the name of the person to whom it is issued, and the specific place or address where he is to operate the agency. Licenses issued under §§ 564—574 of this title shall be valid only of the person and place therein indicated. The person or entity to whom the license is issued may only operate within the limits of Puerto Rico. To make diligences for, or bringing workmen from any place outside the limits of Puerto Rico or to refer workmen for employment outside Puerto Rico there shall be needed a special permit from the Secretary that may be issued by him only when in his judgment there are special circumstances to merit it. The place may be changed only upon the written approval of the Secretary, and it shall be so stated on the license. Licenses shall be effective from the date of their approval and shall remain in effect for a year, unless previously revoked or suspended by the Secretary. Upon summons for the purpose and an opportunity to be heard, the Secretary may suspend or revoke the license of any employment agency after he finds that any of the provisions hereof, or any regulation or order issued hereunder has not been complied with.
Any person who operates an employment agency without having previously obtained a license from the Secretary as provided herein shall be guilty of a misdemeanor punishable as established by § 574 of this title, and each violation shall constitute a separate offense.
History —May 14, 1947, No. 417, p. 826, § 2; May 7, 1948, No. 114, p. 272, § 1; June 22, 1962, No. 91, p. 236, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/566/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 566 - Private employment agencies—Bond
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 566 - Private employment agencies—Bond
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(a) No license for the operation of an employment agency shall be issued unless the applicant therefor has given in favor of the Commonwealth of Puerto Rico, and has deposited with the Secretary, a bond in the amount determined by said official according to the importance of the business undertaken by the employment agency or which it may plan to undertake. Such bond requires approval by the Secretary and shall be executed by a surety company duly authorized to do business in Puerto Rico or given by the principal in cash, by certified check drawn to the Secretary of Labor and Human Resources of Puerto Rico, or on mortgage security approved by the Secretary of Labor and Human Resources. It shall be a condition of the bond that the applicant or licensee shall comply with all provisions of §§ 564—574 of this title and of the rules and regulations hereunder, and that he shall answer for any loss or damage arising from noncompliance with §§ 564—574 of this title or with regulations or orders issued hereunder. The revocation of a license to operate an employment agency shall not affect the coverage of such bond as to a claim arising out of acts which occurred prior to the date of such revocation. The Secretary may at any time notify the licensee to file a new or supplementary bond in a form and amount necessary to conform with the provisions of this section, whenever the Secretary shall deem the surety of such bond unsatisfactory, or the amount thereof insufficient to satisfy all claims accrued or contingent against the licensee. Should the licensee fail to comply with this requirement of the Secretary within ten (10) days after such notice, such noncompliance shall operate as an automatic revocation of the license, unless the Secretary grants him an extension of time to comply with requirements.
(b) Any person suffering loss or damage by reason of the failure of any employment agency to comply with any of the provisions of §§ 564—574 of this title, or any rule, regulation or order issued hereunder, may sue the insurance company, if the bond has been given by an insurance company, or directly the employment agency if the latter has given its bond in cash or on mortgage security, to recover the amount of such loss or damage. The suit may be instituted in any Court of First Instance’s part by the Commonwealth of Puerto Rico or by any one or more persons suffering such loss or damage, for and in behalf of himself or themselves or by any agent designated by such person or persons. The jurisdiction of the court shall not be limited by the amount involved in the claim or by the amount of the bond.
History —May 14, 1947, No. 417, p. 826, § 3; Dec. 3, 1947, No. 2, p. 290, § 2; June 22, 1962, No. 91, p. 236, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/567/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 567 - Private employment agencies—Acts forbidden licensee; duties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 567 - Private employment agencies—Acts forbidden licensee; duties
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(a) No person who obtains a license for an employment agency under §§ 564—574 of this title shall perform any of the following acts:
(1) Require applicants for employment to subscribe to any publication or incidental service or contribute to the cost of advertising;
(2) require the payment of fees for the registration of applicants for employment or any fee except for furnishing employees or employment obtained directly through the efforts of such agency;
(3) receive or require any person to execute or sign a document relating to the liability of any applicant for employment, except on forms previously approved by the Secretary of Labor and Human Resources, and all documents made or executed contrary to the provisions of §§ 564—574 of this title shall be null and void;
(4) make, give, or cause to be made or given to any applicant for employees, any false promise or inaccurate or false information;
(5) cause to be used any sign or advertising device which at the time is being used by the Employment Service of the Department or any other public employment service of the Government;
(6) send any applicant for employees or employment to a place where a strike or lockout exists, without previously furnishing such applicant with a written notice as to the existence of such strike or lockout; Provided, That a copy of said notice shall be signed by the applicant and kept in the files of the agency for one year after the date thereof;
(7) engage or attempt to engage in the splitting or sharing of fees (as such terms are defined by the Secretary of Labor and Human Resources) with any person unable lawfully to charge a fee under §§ 564—574 of this title;
(8) procure or attempt to procure the discharge of any person from his employment;
(9) induce or attempt to induce an employee to leave his employment for the purpose of obtaining other employment through such agency;
(10) place an applicant in an employment or occupation prohibited by law;
(11) have a financial or any other interest in a restaurant, labor camp, or any other place where intoxicating beverages are sold;
(12) except with the written consent of the Secretary of Labor and Human Resources, conduct an employment agency business in a room or rooms commercially used for eating, sleeping, or other living purposes, or in a building in which intoxicating beverages are sold, or which is connected with a place where such beverages are sold;
(13) permit gamblers, intoxicated persons, or persons who use or peddle habit-forming drugs or appliances for the use thereof, in violation of Commonwealth or federal laws, or prostitutes, rogues, or other questionable characters to frequent the location of such agency;
(14) send any person to employment in a place detrimental to health or morals;
(15) send out any applicant for employment, except upon order therefor and except upon furnishing such applicant the necessary information concerning the employment, as the Secretary of Labor and Human Resources may by rule or regulation prescribe;
(16) use any contract form or any form other than that prescribed or approved by the Secretary of Labor and Human Resources;
(17) make inquiries or establish limitations or requisites with regard to creed, race, color, birth, origin, social condition, political affiliation or sex of the applicants for employment; or exclude persons whose ages range between thirty (30) and sixty-five (65) years, and
(18) publish or circulate any statement, advertisement or notice expressing limitations as to creed, race, color, birth or social condition of the applicants for employment, or excluding, on account of age, persons whose ages range between thirty (30) and sixty-five (65). Notwithstanding the preceding provision, age requirements or limitations may be established in cases where, because of the nature of the required work, age is a determining factor of the capacity for the performance of such work.
(b) Every employment agency shall:
(1) Keep and maintain, for at least one year, records of all its activities, in such manner as the Secretary may prescribe;
(2) post conspicuously in its establishment such license and an abstract (to be furnished by the Secretary) of the provisions of §§ 564—574 of this title and the rules and regulations issued hereunder, as well as a schedule of fees, as provided by the Secretary;
(3) file with the Secretary a schedule of all fees to be collected for its services pursuant to §§ 564—574 of this title; Provided, That said schedule may be changed within a term of fifteen (15) days after a new schedule is filed with the office of the Secretary, and
(4) conduct the business of such agency in healthful and sanitary surroundings.
History —May 14, 1947, No. 417, p. 826, § 4; June 16, 1960, No. 92, p. 194, § 1; June 22, 1975, No. 41, p. 100.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/568/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 568 - Private employment agencies—Fees charged by agency; notice; fairness
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 568 - Private employment agencies—Fees charged by agency; notice; fairness
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(a) It shall be the duty of every employment agency to file with the office of the Secretary a schedule of the fees which said agency intends to charge for all the services which it may render to employers and workmen, in such manner as the Secretary may by order, rule, or regulation prescribe as reasonable and proper to the public interest and for the protection of employers and workmen; Provided, That an employment agency may at any time file with the office of the Secretary an amended schedule of fees which, if approved by the Secretary, shall take effect sixty (60) days after the date of the filing thereof.
(b) It shall be unlawful for any agency to charge or accept, directly or indirectly, fees other than those included in the schedule of fees filed with the office of the Secretary under subsection (a) of this section.
(c) The Secretary is hereby granted authority to investigate, upon the filing of a complaint or on his own initiative, the fairness of the fees proposed or fixed by an employment agency, as same may appear on the schedules filed in his office under subsection (a) of this section, or of such fees as are directly or indirectly charged by an employment agency, as well as those fixed by an order or rule or regulation pursuant to §§ 564—574 of this title.
The Secretary, or the person from his Department that he may designate, shall after summons served on the interested parties, hold a public hearing for the purpose of determining whether or not the fees proposed or fixed are reasonable; and he may in said hearing, examine any particular, fact, or other factor with respect to the fixing and collection of said fees. As a result of the investigation therefor made, the Secretary may approve, reduce, increase, or prohibit the collection of all or some of the fees, as the case may be. In order to reach said conclusions, the Secretary shall, among other factors, consider the kind of agency, the financial and competition factors involved, the kind of employment offered or requested, the duration of the employment, and the wages to be paid for such employment. In any hearing held for the increase of fees, the burden of proof to the effect that the increase is fair and reasonable and involves no discrimination against employers and employees and the general public, shall be on the employment agency.
History —May 14, 1947, No. 417, p. 826, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/569/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 569 - Private employment agencies—Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 569 - Private employment agencies—Regulations
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The Secretary shall have power to adopt any rules and regulations that may be necessary:
(1) To regulate or prohibit procedures and policies in the operation of employment agencies;
(2) to effectuate the purpose of §§ 564—574 of this title and the provisions thereof, and
(3) without limiting the generality of the foregoing, to define any terms or words used in §§ 564—574 of this title.
After their approval by the Governor and due promulgation, such rules and regulations shall have the force of law.
History —May 14, 1947, No. 417, p. 826, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/570/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 570 - Private employment agencies—Investigation and enforcement powers of Secretary
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 570 - Private employment agencies—Investigation and enforcement powers of Secretary
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The Secretary is hereby authorized to make all such investigations and to take all such steps as may be necessary for the enforcement of the provisions of §§ 564—574 of this title. In the performance of such duties and powers, the Secretary, or any employee of this Department whom he may designate, is hereby authorized to hold public hearings, summon witnesses, administer oaths, and take testimony, and he may, in compliance with these provisions, issue subpoenas, and compel the attendance of witnesses and the production of documental or other evidence; he may visit and inspect the premises or buildings wherein an employment agency is installed, and he may also examine and make copies of books, records, and any other documents or papers of said agency, as well as request any other information in order to comply with the provisions of §§ 564—574 of this title. He may also utilize for his summonses and investigations the services of justices of the peace and District judges, prosecuting attorneys, marshals of the District and Courts of First Instance, and members of the police force.
In case any person refuses to appear after being so summoned in writing, and does not offer just cause for his failure to appear, it shall be the duty of the judge of First Instance of the domicile of the person summoned, to institute, at the request of the Secretary or of his authorized representative, contempt proceedings as in the case of a person summoned to testify or to appear before said court, and said person shall, upon conviction, be found guilty of a misdemeanor and punished by a fine of not less than fifty dollars ($50) or by imprisonment in jail for a term of thirty (30) days.
Jurisdiction is hereby vested on the San Juan part of the Court of First Instance to issue and grant, on petition of the Secretary of Labor and Human Resources, writs of injunction and any other legal remedies as may be necessary to effectuate the provisions of §§ 564—574 of this title, and enforce such regulations, rules, directives, and findings as the Secretary of Labor and Human Resources may have made while in the exercise of the power conferred upon him by §§ 564—574 of this title.
History —May 14, 1947, No. 417, p. 826, § 7; Dec. 3, 1947, No. 2, p. 290, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/571/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 571 - Private employment agencies—Appeal and review
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 571 - Private employment agencies—Appeal and review
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Any person who considers himself aggrieved by an order of the Secretary suspending or revoking a license may, within a term of thirty (30) days after being served notice of said order, commence an action in the San Juan part of the Court of First Instance against the Secretary as defendant for review of such order. Upon notice of such action, the Secretary shall, within a term of ten (10) days after such notice, file in said part of the Court of First Instance, a full record of the testimony, evidence, and all proceedings upon which the order appealed from was based. The review of the Court of First Instance shall be limited exclusively to questions of law, and the findings of fact of the Secretary shall be conclusive and final if supported by evidence. The parties may appeal from the decision of the Court of First Instance to the Supreme Court in the same manner as in other civil actions.
History —May 14, 1947, No. 417, p. 826, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/572/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 572 - Private employment agencies—Cooperation with federal agencies
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 572 - Private employment agencies—Cooperation with federal agencies
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The Secretary is hereby authorized to enter into agreements with any department or agency of the Government of the United States or any subdivision of such department or agency charged with the administration of any law relating to employment agencies, for the purpose of aiding and cooperating in the strict enforcement in the Commonwealth of Puerto Rico of any such law. The Secretary is further authorized to accept payment, as provided by Congress, for services rendered under such agreements, and any sums appropriated for the administration of §§ 564—574 of this title may be expended for such services to the extent that payments are stipulated. All payments received by the Secretary under this section shall be covered into the Treasury of Puerto Rico according to law, and same are hereby appropriated for the purposes of this section.
History —May 14, 1947, No. 417, p. 826, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/573/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 573 - Private employment agencies—Cognizance of violations; trial without jury
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 573 - Private employment agencies—Cognizance of violations; trial without jury
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The Court of First Instance shall have exclusive cognizance in cases of violations or suits arising hereunder; Provided, That such cases shall be heard by the court without a jury.
History —May 14, 1947, No. 417, p. 826, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-33/574/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 33 - Employment Agencies (§§ 551 — 574)›§ 574 - Private employment agencies—Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 33 - Employment Agencies (§§ 551 — 574) › § 574 - Private employment agencies—Penalties
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Any person who violates §§ 564—574 of this title or any section or provision hereof or any rule or regulation issued hereunder shall be guilty of a misdemeanor and shall be punished by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), or by imprisonment in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or by both penalties, in the discretion of the court. For all cases comprised within clauses (17) and (18) of subsection (a) of § 567 of this title, the penalty shall consist of a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment in jail for a term of not less than thirty (30) days nor more than ninety (90) days, or both penalties, in the discretion of the court. Cases of recidivism shall be punished by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or by imprisonment in jail for a term of not less than sixty (60) days nor more than one hundred and eighty (180) days, or by both penalties, in the discretion of the court.
History —May 14, 1947, No. 417, p. 826, § 11; Apr. 21, 1948, No. 28, p. 58, § 1; June 16, 1960, No. 92, p. 194, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575 - Definitions
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For the purposes of this chapter, the following terms shall have the meaning expressed below:
(a) Temporary service company.— Means any person or organization engaged in providing employees to render services to a client company.
(b) Client company.— Means any person or organization that solicits the services of temporary employees from temporary service companies.
(c) Temporary employee.— Means any employee provided by a temporary service company who renders his/her services to a particular person or organization during a certain period of time or for a certain job.
(d) Mandatory decree.— Refers to documents of a quasi-legislative nature issued by the Puerto Rico Minimum Wage Board fixing minimum wages, vacation leave, sick leave and other employment conditions for a specific industry or economic activity.
(e) Joint employers.— Refers to that condition of statutory liability imposed simultaneously by this chapter upon both the temporary service company and the client company, through which both companies are deemed to be equally liable for the conditions and rights established by virtue of Act June 26, 1956, No. 96 and 271 et seq. of this title, as though they were one single employer.
History —July 22, 1992, No. 26, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575a - Purpose
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575a - Purpose
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The purpose of this chapter is to regulate the provision of temporary employees to client companies by temporary service companies. In order to achieve this purpose the pertinent areas of responsibility of each company involved are clarified and fixed regarding the rights of the temporary employees thus contracted. In this manner, greater assurance and stability are imparted with regard to the labor relations for this important labor sector.
History —July 22, 1992, No. 26, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575b - Employer determination and applicable mandatory decree
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575b - Employer determination and applicable mandatory decree
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The mandatory decree that covers temporary employment companies shall apply to temporary employees provided by temporary service companies, as to vacation leave and sick leave. Provided, That with regard to the other employment conditions established by decree, the mandatory decree of the client company shall apply to said temporary employees.
Nevertheless, for the purpose of temporary employee claims under the provisions of Act June 26, 1956, No 96 and §§ 271 et seq. of this title, both the temporary service company and the client company shall be deemed joint employers, as this term is defined in subsection (e) of § 575 of this title.
Provided, That with regard to the legislation prohibiting job discrimination and sexual harassment, as well as the legislation which regulates unjustified dismissal, whoever discriminates against or dismisses the employee or incurs actions sanctioned by law, be it the temporary employment company or the client company, shall answer for their compliance.
Regarding legislation which compels the employer to retain the employee’s position during the term of effectiveness of the contract, when it concerns temporary employees provided by temporary service companies, the obligation to retain their position stated in these laws and according to their requirements, shall rest upon the temporary service company, or in the case of non-compliance by the aforesaid, upon the client company to which the employee was rendering his/her services at the time in which he/she availed him/herself of said leave.
The temporary service company shall be responsible for the payment of the Christmas bonus of the temporary employees provided by the aforesaid to the client companies, unless said employee has worked for the client company for the seven hundred (700) hours required by §§ 501 et seq. of this title, although in case the temporary service company does not comply with this obligation, said client company shall be responsible instead.
History —July 22, 1992, No. 26, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575c - Prohibition to contract or refer temporary employees
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575c - Prohibition to contract or refer temporary employees
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The contracting of temporary employees by temporary service companies shall not be used for the following purposes:
(a) As a method or mechanism for destroying or keeping labor unions out of the workplace.
(b) To perform any act of discrimination prohibited by law.
(c) As a subterfuge or mechanism to evade compliance with §§ 185a et seq. of this title.
(d) As a method or mechanism to break, weaken or interrupt strikes or work stoppages.
History —July 22, 1992, No. 26, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575d - Sanctions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575d - Sanctions
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(a) Criminal.— Any violation of this chapter shall constitute a misdemeanor and carry a maximum fine of five hundred dollars ($500) or imprisonment for a maximum of six (6) months, or both penalties at the discretion of the court.
(b) Civil.— Any person or organization who violates the provisions of this chapter shall also be liable under the applicable legislation, and shall also be liable for the costs, expenses and interest and attorney’s fees incurred during the proceedings. For that purpose, the ordinary civil proceeding or a summary proceeding mechanisms for salary claims may be used as provided in §§ 3118—3132 of Title 32.
History —July 22, 1992, No. 26, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-34/575e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 34 - Temporary Employment Companies (§§ 575 — 575e)›§ 575e - Administration of statute and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 34 - Temporary Employment Companies (§§ 575 — 575e) › § 575e - Administration of statute and regulations
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The Secretary of Labor and Human Resources shall see to the faithful compliance of this chapter, and is hereby empowered to promulgate all necessary regulations to fulfill his/her duties, subject to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —July 22, 1992, No. 26, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586 - Definitions
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For the purposes of this chapter, the following terms shall have the meaning expressed below:
(a) Puerto Rican.— Every performer or musician who:
(1) Was born in Puerto Rico or is the offspring of Puerto Ricans; or
(2) is a United States citizen, or
(3) is a foreigner with legal residence in the United States and is domiciled in Puerto Rico.
(b) Performer.— Every singer, dancer, comedian, magician, prestidigitator, folk musician, actor, presenter, announcer, master of ceremonies, model, reciter, extra or any other person dedicated individually, or in a group, under the same professional name, to entertain the public through any financially remunerated artistic presentation.
(c) Musician.— Any person whose work consists of playing a musical instrument or singing as part of the functions of an orchestra, combo, band or any other type of musical group dedicated to entertain at dances, concerts, or artistic or musical shows for financial remuneration.
(d) Artistic shows.— Shall include, without it being understood as a limitation, those artistic performances carried out live by artists or musicians and for which they receive financial remuneration.
(e) Person.— Natural or juridical person.
(f) Secretary.— Secretary of Labor and Human Resources.
History —July 20, 1988, No. 114, p. 476, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586a - Contract requirement
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586a - Contract requirement
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Any person who contracts or represents performers or musicians to give artistic shows at patron saint festivities, as the concept is used in §§ 80 and 81 of Title 15, in tourist hotels, dances or in any other establishment, facility or recreation area, whether the sites or areas are owned by him or others, including those operating or under the possession of agencies of the government of the Commonwealth of Puerto Rico or its municipalities, shall be bound to present at least fifty percent (50%) of performances by Puerto Rican performers.
History —July 20, 1988, No. 114, p. 476, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586b - Contract requirement—Determination of compliance
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586b - Contract requirement—Determination of compliance
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The total number of hours served by Puerto Rican artists and musicians during each natural year, with respect to all activities held during the same period by that person, which entails the recruitment and participation of that artistic personnel, shall be used as a base in order to determine if the persons comply with the requirement of presenting no less than fifty percent (50%) of Puerto Rican artists and musicians, as established by this chapter.
History —July 20, 1988, No. 114, p. 476, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586c/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586c - Administration and implementation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586c - Administration and implementation
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The Secretary shall be charged with the administration of this chapter and will prescribe the norms and procedures through regulations, dictate the orders and shall take whatever steps are deemed necessary for implementation.
In the performance of this function the Secretary may consult and obtain the advice of persons experienced and knowledgeable in the areas of artistic and musical activities in the private sector as well as in the government sector, especially those government agencies and bodies dedicated to the development and promotion of the arts and tourism, and they shall offer the Secretary the assistance necessary to carry out the purposes of this chapter.
History —July 20, 1988, No. 114, p. 476, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586d/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586d - Complaints; investigation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586d - Complaints; investigation
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The Secretary shall have the duty to investigate every complaint or charge presented at his office which alleges a violation of the provisions of this chapter.
If the Secretary determines from the preliminary investigation of the charge or complaint that there are reasonable grounds to initiate an in depth investigation of the alleged facts, he will so inform the respondent, advising him of the nature of the complaint and advise him/her of the remedies and rights provided by this chapter, as well as of the penalties it establishes.
The Secretary may require the respondent to submit records, payrolls, documents or any other pertinent evidence that will serve to determine the proportion of the total number of hours of service of Puerto Rican performers and musicians during the twelve (12) months prior to the date of notice or requirement of the Secretary with respect to all the activities held during the same period that entail the recruitment and participation of said artistic personnel.
Likewise, the Secretary may receive information to that respect from private persons or entities. He may also hold the hearings that, in his judgment, are necessary for the best performance of his functions.
History —July 20, 1988, No. 114, p. 476, § 6.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586e - Civil fines
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586e - Civil fines
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The Secretary shall have the power to establish, through regulations, the imposition of civil fines up to a maximum of five thousand dollars ($5,000) for the violation of the provisions of this chapter and the regulatory provisions promulgated under it. When imposing the fines, the Secretary shall give due consideration to the proportion of the penalty in relation to the magnitude and seriousness of the violation and the history of prior violations.
Civil fines owed pursuant to this section shall be paid to the Secretary of the Treasury of the Commonwealth of Puerto Rico to be deposited in the General Fund of the Treasury of Puerto Rico and in case of default in the payment thereof, they may be recovered through a civil action filed on behalf of the Secretary of Justice of Puerto Rico.
History —July 20, 1988, No. 114, p. 476, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-ii/chapter-37/586f/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART II - Employment (§§ 511 — 586f)›Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f)›§ 586f - Reconsideration of administrative decision; procedure
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART II - Employment (§§ 511 — 586f) › Chapter 37 - Artistic, Music and Tourist Shows (§§ 586 — 586f) › § 586f - Reconsideration of administrative decision; procedure
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Any party adversely affected by a resolution, order or decision of the Secretary may request a reconsideration within the term of thirty (30) days following receipt of the notice of said resolution, order or decision.
The filing of a request for reconsideration shall not exempt any person whatsoever from complying or obeying any resolution, order or decision issued pursuant to this chapter. The request for reconsideration will in no way operate as a suspension or postponement of the effectiveness of the resolution, order or decision, unless there is an intervening special order of the Secretary by petition of a party. The request for reconsideration shall specifically state the grounds upon which it is based. The Secretary shall issue his substantiated decision within a term of thirty (30) days from the date of filing of the request for reconsideration.
The resolution, order or decision issued by the Secretary shall be final and binding unless the party adversely affected requests its review by the Court of First Instance of Puerto Rico within thirty (30) days following the date of notice. The petitioner shall notify the Secretary with a copy of the appeal for review on the same date of filing.
History —July 20, 1988, No. 114, p. 476, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-41/611/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 41 - Social Security Generally (§ 611)›§ 611 - Legislative consent of extension of Social Security Act to Puerto Rico
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 41 - Social Security Generally (§ 611) › § 611 - Legislative consent of extension of Social Security Act to Puerto Rico
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The desire and consent of the Legislature of Puerto Rico are hereby expressed that the provisions of Title II of the Social Security Act be extended to Puerto Rico.
History —Sept. 18—22, 1950, Concurrent Resolution, p. 288, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-41a/621a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 41A - Social Security Number (§§ 621 — 621b)›§ 621a - Prohibition of use
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 41A - Social Security Number (§§ 621 — 621b) › § 621a - Prohibition of use
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(a) No employer of a private enterprise or of a public corporation of the Commonwealth of Puerto Rico may show or display the social security number of an employee, regardless of the nature of his/her position or appointment, in his/her identification card, nor may show or display that data in a place visible to the general public or in a document of general circulation. No social security number may be included in any personnel directory or in any similar list that is made available to persons who have no need or authority for accessing such data.
These protective measures may be rejected voluntarily or in writing by the employee although said rejection may not be imposed as a condition for employment. This provision shall not be applicable as to the use of the social security number in those cases and for those purposes for which it is specifically compulsory by special provision of law, nor for which it has been authorized or regulated through federal law or regulation, nor for its use for the internal purpose of verifying the identity, taxes, contracting and payrolls, subject to the employer taking the proper safeguards for maintaining its confidentiality.
When a document containing the social security number of a worker has to be made public for a purpose which does not require that data, the same shall be edited so that said data is partially or totally illegible without this being deemed an alteration of the contents of the document.
(b) The violation of the provisions of this section, including the failure to protect the confidentiality of the social security number, entails a fine of not less than five hundred dollars ($500) or up to five thousand dollars ($5,000) for each case. The Department of Labor and Human Resources of the Commonwealth of Puerto Rico shall be the agency in charge of supervising compliance with this section.
(c) Should any provision, word, sentence or subsection of this section were to be impugned for any reason by a court and declared unconstitutional or null, or should any federal legislation or regulation occupy the field, such an action shall not affect, impair or invalidate the remaining provisions of this section.
(d) The Department of Labor and Human Resources shall have six (6) months after the effective date of this act to establish the regulations needed to comply with the provisions of subsection (b) of this section; said regulations must grant employers a term of not less than six (6) months to certify to the Department the implementation of these provisions or a work plan with a certain date within which it is to be achieved.
(e) None of the provisions of this section shall be understood to impair any organizational policy of an employer or of any collective bargaining agreement which are already in effect and provide protections to the confidentiality of the social security number and sanctions for noncompliance.
History —Sept. 27, 2006, No. 207, §§ 1—5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-41a/621b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 41A - Social Security Number (§§ 621 — 621b)›§ 621b - Public policy regarding use
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 41A - Social Security Number (§§ 621 — 621b) › § 621b - Public policy regarding use
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(a) To set forth the public policy on the use of the social security number as means of identification verification and on the protection of its confidentiality; to set forth the limits and requirements for the use of this information.
(b) The federal social security number shall be used by the agencies, dependencies, and instrumentalities of the Commonwealth of Puerto Rico, the Executive, Legislative and Judicial Branches, its municipalities, and public corporations, and by the contractors of said government entities within the parameters and for the purposes provided and authorized by federal legislation.
(c) The entities referred to in subsection (b) of this section shall obtain the social security number of persons making official transactions and use the same for the purposes of expediting the identity verification process; verifying the information available internally, or in other agencies or entities including without it being construed as a limitation, tax or personnel administration transactions and investigations, eligibility for benefits, compliance with child support laws, audit reports and criminal investigations; and to standardize the internal procedures of information exchange. This process shall be followed by adopting the necessary administrative mechanisms in order to expedite the documentation and identification process, and to safeguard the confidentiality of the information the State is barred from revealing, and to guarantee the interruption or refusal to render the services or benefits offered to persons who for any reason do not have a social security number, or who object the use thereof, except that its obligatory use is imposed or authorized by federal law or regulation.
(d) The federal social security number shall not be used as a regular identification card number nor be considered proof of citizenship, residence, or of eligibility for services.
(e) Every entity, of those referred to above in subsection (b) of this section, that requires the social security number of a citizen, shall inform him/her the legal authority under which said request is made and indicate to him/her the use intended therefor, as well as whether its disclosure is mandatory or voluntary.
(f) It is hereby prohibited for the agencies of the Government of the Commonwealth of Puerto Rico, the Executive, Legislative, and Judicial Branches, including those instrumentalities that operate as a private enterprise or business, municipalities, and private juridical entities acting as administrators or state or municipal public service providers and that use the social security number of any citizen, including their employees, as a means of identity or record verification, to circulate, display or reveal said number in a document of general circulation or in any article that is accessible or visible to any person, within or outside the entity, which does not need to know this data.
(1) The social security number of an employee, regardless of the nature of his/her position or appointment, nor that of any contractor shall be shown or displayed in his/her identification card. Furthermore, no social security number shall be displayed in personnel directories or any similar list available to persons whose function does not require knowing this data.
(2) The social security number of any user, subscriber, client, beneficiary, or applicant shall not be used as case, claim, client or identification number in any public document or document of general circulation. The citizen may voluntarily offer this data as a mechanism to expedite the obtaining of his/her file, in the case that no other reference is available; however, the same shall not be shown in the documents.
Whenever it is required to make public a document that contains a social security number, the same shall be unreadable, without it being understood as an alteration to the contents of the document.
These protections may be waived voluntarily by the affected person; however, said waiver shall not be imposed as a condition for employment or service rendering. These provisions shall not apply to the use of the social security number in those cases and for those purposes in which it is required or authorized by law or federal regulations, or whenever a special law expressly authorizes it, nor shall be used for internal identity verification purposes, subject to keeping its confidentiality.
(g) The entities affected by the provisions of subsection (f) of this section whose compliance requires changes in their procedures, regulations, information systems, or special budgetary distributions shall have one (1) year after the effective date of the act to certify to the Department of State their compliance with said provisions, or in its defect, to certify the progress of the work plan which is to be fulfilled within the next fiscal year.
(h) The entities referred to in subsection (b) of this section shall incorporate, in their regulations and disciplinary measures, sanctions for noncompliance with the provisions of this section to be applied without prejudice to any possible process that may arise pursuant to any other provisions of law relative to government ethics, omission or negligence in carrying out their duties, disclosure of personal data or violation of civil rights; or to possible actions for damages against officials or employees either personally or officially, or against the entity.
History —Nov. 10, 2006, No. 243, §§ 1—8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/622/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 622 - Public policy—Establishment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 622 - Public policy—Establishment
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It is hereby established as public policy of the Commonwealth of Puerto Rico to give priority employment or grant incentives to persons of over sixty years (60) of age, specially to women aged sixty-two (62) and older or men aged sixty-five (65) or older, who have not been able to pay the required minimum per quarter which entitles them to receive a Social Security pension, and who have accrued at least twenty-seven (27) of the forty (40) quarters required by Chapter 35, Title 42, Section 1 of the United States Code of August 14, 1935, which creates the Social Security.
History —Jan. 23, 2006, No. 17, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/623/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 623 - Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 623 - Regulations
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The Secretary of the Department of Labor and Human Resources is hereby empowered to establish through any necessary regulations, the terms for the staggered applicability of these benefits to other individuals who owe more than eight (8) quarters but less than thirteen and a half (13.5) quarters, provided there is a legislative authorization that allows for the distribution of the corresponding funds.
History —Jan. 23, 2006, No. 17, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/624/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 624 - Public and private priority employment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 624 - Public and private priority employment
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(a) The Secretary of Labor and Human Resources shall regulate the use of any fund created or that may be created for the priority employment or for granting incentives geared towards the employment of women aged sixty-two (62) or older and men aged sixty-five (65) or older which shall also include those persons who have not paid the required minimum of forty (40) quarters to the Social Security. To these ends, the Secretary is empowered to accept monetary donations to be deposited in any fund created or that may be created pursuant to this chapter.
(b) In addition, the Secretary shall also provide for the creation of an inventory of any suitable and unsuitable tasks for the persons covered in this chapter. Said inventory shall be available and updated at all times so that it may serve as a guide for the beneficiaries thereof and for potential public and private employers.
(c) In the case of the private sector, the implementation of this public policy and the application of this benefit shall include any project or program which use government, state, or municipal funds, financing or incentives, and funds from federal government legislation or proposals.
(d) It is hereby established that in the public sector as well as in the participating private sector, a minimum of ten percent (10%) of the generated jobs shall be reserved for the purposes of the public policy herein established. This shall be subject to compliance with the required qualifications for each post, position, or office.
(e) To establish this public policy oversight shall be exercised firstly to benefit men aged sixty-five (65) or older and women aged sixty-two (62) or older in agreement with Social Security age regulations. Likewise, to the degree possible, it shall be extended to persons aged sixty (60) or older regardless of gender.
History —Jan. 23, 2006, No. 17, §§ 3—6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/625/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 625 - Board—Creation; additional regulation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 625 - Board—Creation; additional regulation
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(a) A Board which shall be known as the “Board for the Priority Employment of the Elderly” is hereby created. It shall be composed by the Secretary of Labor and Human Resources, who shall preside it; the Secretary of the Department of Economic Development and Commerce; the Advocate for the Elderly; and two private citizens appointed by the Governor and with the consent of the Senate of Puerto Rico for a term of four (4) years. These private citizens shall respectively represent the business sector and the pensioners or retirees and shall be bound to comply with the provisions of §§ 1854 et seq. of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”.
(b) The Secretary of the Department of Labor and Human Resources, by the majority vote of the Board members, shall approve any additional regulations needed to guarantee the achievement of the purposes of this chapter and of any fund created or that may be created pursuant to subsections (a) and (b) of § 624 of this title.
History —Jan. 23, 2006, No. 17, §§ 7, 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/626/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 626 - Order for granting incentives or benefits
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 626 - Order for granting incentives or benefits
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The order for granting employment incentives or benefits shall be subject to the priority employment of the persons comprised within the age groups covered under this public policy in agreement with the following criteria:
(1) Persons with disabilities who do not have an obligor and live below the poverty line.
(2) Persons who live below the poverty line as defined by the Planning Board who are not assisted by an obligor.
(3) Persons with disabilities who do not have an obligor who complements their income originating from social assistance programs.
(4) Persons who although living above the poverty line are unemployed.
(5) Persons with an average income over the poverty line who work.
History —Jan. 23, 2006, No. 17, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-42/627/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627)›§ 627 - Report
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 42 - Priority Employment of Persons Over 60 Years of Age (§§ 622 — 627) › § 627 - Report
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The Board shall submit a report on its works and the attainment of this public policy every six (6) months to the Legislature and to the Governor.
History —Jan. 23, 2006, No. 17, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/681/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 681 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 681 - Definitions
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The following terms, as used in this chapter, shall have the meaning expressed herein:
(a) Chauffeur.— Every natural person authorized, pursuant to law, to drive motor vehicles under a driver’s, chauffeur’s, heavy motor vehicle or motorcycle operator’s license, who usually and regularly, and not in a casual or sporadic manner, drives a motor vehicle as an inherent part of his work, for compensation, salary, wages, pay, or any other type of compensation, whether it be obtained on the basis of a percentage, or a combination of wages and other facilities or services; or the person who operates a rented vehicle and drives said vehicle upon public highways, roads or private properties as part of his/her occupation or as a means of livelihood.
The following shall also be included in this definition:
(1) A person who owns a motor vehicle engaged by authority of law in the transportation of persons, animals or things and who operates it to render said public service.
(2) A person employed by another, by a private enterprise, or by the municipal or State Government, its instrumentalities, public corporations or authorities, to work in any occupation in which said employer requires or allows him to operate a motor vehicle, in a usual and regular way, and not in a casual and sporadic manner, as an inherent part of this work, being authorized to do so by a driver’s, chauffeur’s or heavy motor vehicle operator’s license.
(3) The following shall be excluded from the application of this chapter:
(A) Administrators, executives and professionals, as such terms are defined by the Minimum Wage Board of Puerto Rico.
(B) Employees of the federal government.
(C) Any insured who has received a bonus, as provided by § 686a of this title.
(b) Employer.— Every natural or juridical person who owns, possesses, exploits, leases, or administers one or more motor vehicles, or employs one or more individuals (excluding the persons indicated in subsection (a)(3) of this section), whom he requires or permits to operate a motor vehicle usually and regularly, and not casually or sporadically, as an inherent part of their work, being authorized to do so by a driver’s, chauffeur’s, or heavy motor vehicle operator’s license. The owner of a motor vehicle leased with a chauffeur, and the owner of a motor vehicle authorized by law for the public transport service of persons, animals or things, which is leased to a chauffeur who operates it as defined in subsection (a)(1) of this section, [remains included within this definition].
(c) Motor vehicle.— Means any motor-propelled vehicle driven on public highways, roads and/or private properties, but excluding those which are driven on railways, water or air.
(d) Contributing quarter.— Means the thirteen (13)- or fourteen (14)-week period, as the case may be, ending the last Saturday of each calendar quarter, so that each period includes all weeks whose Saturday falls within said quarter, considering that the week starts on Sunday. A calendar quarter consists of a period of three (3) consecutive calendar months ending on March 31, June 30, September 30 and December 31.
(e) Director.— Means the Director of the Chauffeurs and Persons with Non-Occupational Disabilities Benefits Bureau.
(f) Owner of a motor vehicle.— Means any natural or [juridical] person who has registered in his name in the Motor Vehicle Bureau of the Department of Transportation and Public Works a motor vehicle whose license has been issued in his name, or who owns a motor vehicle which he operates on private property or public roads.
(g) Motor vehicle engaged in the service of the public transportation of persons, animals or things.— Means any motor vehicle legally authorized to engage in the public transportation of persons, animals or things.
(h) Proper employer.— Means the authorized chauffeur who is the owner of a motor vehicle and which he drives in the authorized service of public transportation of persons, animals or things and whose license in force is in his name.
(i) Assessment or contribution.— Means the amount that must be paid by both the chauffeur or employee as well as the employer as provided in § 690 of this title.
(j) Insured.— Means the chauffeur or employee defined in clauses (1) and (2) of subsection (a) of this section who have become members of the insurance plan created thereunder.
(k) Fund.— Means the Fund for the Social Security of Chauffeurs and Other Employees.
(l) Illness.— Means any physical or mental condition which prevents the insured from carrying out the essential functions of his/her position, which requires maintaining a driver’s, chauffeur’s, or heavy motor vehicle or motorcycle operator’s license, working, and driving a motor vehicle. It also includes the inability to work and drive a motor vehicle due to or related to a pregnancy and childbirth.
For the purposes of this chapter, it shall be understood that a woman is unable to work during the eight (8) weeks of pregnancy leave provided by §§ 467 et seq. of this title.
(m) Motor vehicle drivers license.— Means any of the following categories of licenses: motorcycle, driver’s, chauffeur’s, and heavy motor vehicle operator’s.
History —May 15, 1950, No. 428, p. 1038, § 1; Sept. 15, 1950, No. 32, p. 250, § 1; June 14, 1960, No. 85, p. 165, § 1; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 1; June 3, 1976, No. 146, p. 437, § 1; June 24, 1977, No. 109, p. 275; July 20, 1979, No. 172, p. 450, § 2; June 18, 1980, No. 149, p. 663, § 2; Dec. 30, 1995, No. 262, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/682/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 682 - Administration of plan
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 682 - Administration of plan
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There is hereby established a social security plan for the chauffeurs of Puerto Rico and other employed persons who in their work operate a motor vehicle, which comprises the sickness, total permanent disability and death [risks] of the insured, his spouse and children under fifteen (15) years of age and a bonus after attaining the age of sixty-five (65) or more years. The Secretary of Labor and Human Resources shall be responsible for the administration of the plan hereby established; shall appoint the necessary personnel to this end pursuant to the provisions of the Puerto Rico Public Service Personnel Act, and may organize in his department the necessary office or offices for this purpose.
The Secretary of Labor and Human Resources shall promulgate the rules he may deem necessary to carry out the purposes of this chapter and may delegate any powers and duties he may deem convenient to the persons he may appoint to direct and administer the plan hereby established.
History —May 15, 1950, No. 428, p. 1038, § 2; May 14, 1952, No. 454, p. 924, § 2; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 2; July 20, 1979, No. 172, p. 450, § 3; June 18, 1980, No. 149, p. 663, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/683/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 683 - Payment of sickness pensions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 683 - Payment of sickness pensions
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(a) The normal sickness pension granted under the terms of this chapter shall be paid weekly during a maximum period of thirty (30) weeks on the basis of the following scale:
Dues paid in the Weekly amount of contributing year normal pension 45 weeks or more $30 40 to 44 weeks $27 35 to 39 weeks $24 30 to 34 weeks $20 25 to 29 weeks $16 Less than 25 weeks Nothing
The term “contributing year” means the four (4) quarters of dues which end immediately before the calendar month preceding the first day of sickness.
In addition to the normal pension, a supplementary pension shall also be paid based on the following scale:
Dues paid in the basic period of Weekly amount of 20 contributing quarters supplementary pension 240 weeks or more $30 200 to 239 weeks $24 150 to 199 weeks $18 100 to 149 weeks $12 50 to 99 weeks $ 6 Less than 50 weeks Nothing
The term “basic period of twenty (20) contributing quarters” means the twenty (20) contributing quarters comprised in the five (5) calendar years before the first day of March preceding the first day of sickness.
The pension for sickness shall be paid weekly in periods of seven (7) days starting Saturday at 12:01 A.M. and ending Friday at 12:00 P.M. In paying any sickness period of less than one (1) week, one seventh (1 / 7) of the amount of the weekly pension shall be computed for each day of sickness. The total pension for a fraction of a week shall be computed to the highest full dollar.
(b) The pension for sickness may only be granted to begin on the eighth day after the date of commencement of sickness. Provided, That if the health condition of the insured requires his hospitalization in a clinic, hospital or sanatorium, the pension shall be paid starting from the first day of hospitalization.
For all purposes of this chapter, hospitalization or admission into a clinic, hospital or sanatorium shall require that the insured has been committed to bed in a ward of any such institution by a medical order during a period of not less than three (3) days. In all cases where the insured is hospitalized, the sickness pension shall be granted to begin the same day of hospitalization if it occurs before the normal seven (7) -day waiting period expires.
(c) New sicknesses and recurrences of a sickness occurring within the term of thirty (30) days following the discontinuance of a pension shall be considered as part of the sickness in regard to which the insured has requested the benefits provided by this chapter. In such cases, pension payments shall be continued immediately regardless of what is provided in subsection (b) of this section, if the Director is notified in writing of the occurrence of such sickness within said thirty (30) days and also a medical certificate is enclosed, indicating the probable period in which the insured will be prevented from operating a motor vehicle.
(d) The sickness pension shall cease as soon as the insured’s sickness disappears and from the moment he is able to return to work or stops the treatment and recommendations of the physician certifying the sickness, or of another physician should he change his doctor. No pension shall be paid when the insured provokes the sickness himself.
(e) No sickness pension shall be paid in cases compensable by the State Insurance Fund, unless per diem allowances which the insured receives from the State Insurance Fund in case of labor accidents are a weekly sum of less than the weekly amount paid for sickness hereunder, and in such case the insured claimant shall be paid the difference. Neither shall the sickness pension be paid while the insured is receiving payment by way of salary, regular or compensatory vacations or leave due to accidents or sickness, or leaves or vacations advanced by the municipal or Commonwealth Government, its dependencies, public corporations and authorities. Provided, however, That if an insured otherwise eligible to the benefit of weekly pension for sickness hereby provided has received per diem payments from the State Insurance Fund for the same sickness and the Manager of said Fund decides that the insured’s sickness is non occupational, said payments shall be deducted from the benefits of weekly pension for sickness to which the insured may be entitled hereunder. This deduction shall never be made in an amount exceeding the benefit of weekly compensation for sickness to which the insured is entitled. Notwithstanding any other provision to the contrary, the amount thus deducted shall be reimbursed by the Secretary of Labor and Human Resources to the State Insurance Fund upon previous presentation by the Manager thereof of a certified invoice containing the liquidation of the payments made to the insured. For the purpose of granting the benefit of weekly pension for sickness provided under this chapter to an insured who has received per diem payments from the State Insurance Fund for a non occupational sickness, the date the case was filed with the State Insurance Fund shall be understood to be the date of the application.
(f) The sickness pension shall not be paid to an insured woman during any period of sickness caused by or in relation to an abortion, except in the case of a therapeutic abortion, or if there were complications as a result thereof.
(g) Pension for sickness shall not be paid for more than thirty (30) weeks during any period of sickness nor in any period of sixty (60) consecutive calendar weeks.
(h) If the sickness is the result of a labor accident as the Manager of the State Insurance Fund may determine in the case of insured employees covered by the Workmen’s Compensation Act, §§ 1—42 of Title 11, the sickness pension shall be granted to an eligible insured and the amount of the grantable pension shall be twenty-five percent (25%) more than the amount resulting from the computation system established by this section regarding weekly pension for sickness.
As to self-employed operators not covered by the State Insurance Fund, it shall be understood that a labor accident shall consist of an injury suffered as a consequence of an unfortunate event while operating the steering wheel in the normal course of his trade as a public carrier.
History —May 15, 1950, No. 428, p. 1038, § 3; Sept. 15, 1950, No. 32, p. 250, § 1; May 14, 1952, No. 454, p. 924, § 4; June 11, 1954, No. 59, p. 322; June 14, 1957, No. 59, p. 137; June 14, 1960, No. 85, p. 151, § 1; June 24, 1964, No. 72, p. 220; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; May 30, 1974, No. 48, Part 1, p. 209, § 1; Nov. 23, 1975, No. 8, p. 934, § 3; June 18, 1980, No. 149, p. 663, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/684/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 684 - Eligibility for sickness pensions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 684 - Eligibility for sickness pensions
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The Secretary of Labor and Human Resources shall grant a pension for sickness to every insured who meets the following eligibility requirements:
(1) Who has paid to the Chauffeurs and Other Employees Social Security Fund the dues appertaining to (25) weeks or more in the four (4) contributing quarters which end immediately before the calendar month prior to the day on which the sickness starts.
(2) Who proves to the satisfaction of the Secretary of Labor and Human Resources, as prescribed by the latter through regulations for the purpose, that he is sick and unable to work driving a motor vehicle, and proves also that he is being attended by a physician, who shall sign the medical certificate required by the Secretary of Labor and Human Resources in his regulations, without which the Secretary may not grant a sickness pension. When the insured is attended by a physician of the municipal or Commonwealth Government, said physician or his superior shall issue the medical certificate concerning the patient free of cost.
(3) Who has filed an application within the ninety (90) days following the onset of the illness, pursuant to the rules and regulations the Secretary of Labor and Human Resources may promulgate for such purpose, and also submits all the information or evidence on the matter, required by said rules and regulations. Nevertheless, the Director of the Bureau may extend said term for filing a claim should there be justified cause; Provided, That no claim filed after a year has elapsed from the date of the onset of the illness shall be considered by the Director or the Secretary to be entitled to benefits.
In determining whether the insured has paid the dues required in subsection (1) of this section, any contributing quarter with days of interruption caused by strike, lockout, or labor dispute, or compensated for accident or sickness by the State Insurance Fund, the municipal or Commonwealth Government or its dependencies, public corporations or authorities, and the dues corresponding to them shall not be considered, unless considering them benefits the insured, because in such period he worked, as a provided by law, and paid dues. The days in which the sick person receives pension for sickness from the Chauffeurs and Other Employees Social Security Fund are excepted from the foregoing provision and shall be considered. When the contributing quarters are not so considered, then there shall be taken into account sufficient contributing quarters immediately preceding up to a total of four (4), to be considered. When computed to determine eligibility or the amount of sickness benefit, a week granted for pension shall not be considered as a week for which dues have been paid, unless the dues have been paid because the insured worked that week.
(4) In cases of labor accidents the Chauffeurs and Other Employees Social Security Fund may pay to the insured the sickness pension corresponding to him as soon as he presents the medical certificate required by the Director, issued by a physician in the State Insurance Fund, without the State Insurance Fund having to make the advance provided by § 3 of Title 11.
The amounts paid to the insured in such cases shall be notified to the Manager of the State Insurance Fund and if said agency determines that the accident is compensable according to the Workmen’s Compensation Act, §§ 1—42 of Title 11, it shall reimburse the Chauffeurs and Other Employees Social Security Fund the compensation advanced by the latter and which the State Insurance Fund was bound to pay.
History —May 15, 1950, No. 428, p. 1038, § 4; Sept. 15, 1950, No. 32, p. 250, § 1; May 14, 1952, No. 454, p. 924, § 5; June 11, 1954, No. 59, p. 322; June 14, 1960, No. 85, p. 151, § 1; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 4; June 18, 1980, No. 149, p. 663, § 5; Dec. 20, 1991, No. 108, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/686/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 686 - Total and permanent physical disability pension
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 686 - Total and permanent physical disability pension
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For total permanent disability which has occurred before the age of sixty-five (65) years, the Secretary of Labor and Human Resources shall grant one single payment to each insured person who has paid to the Fund the assessments corresponding to forty (40) weeks or more in the period comprising the four (4) contribution quarters which end immediately preceding the date of the occurrence of said disability.
Said payment shall be granted on the basis of the following schedule:
Dues paid in the basic period Age at the time of disability Less than More than 61 62 63 64 65 240 weeks or more $3,600 $2,880 $2,160 $1,440 $720 Nothing 200 to 239 weeks $3,200 $2,560 $1,920 $1,280 $640 Nothing 150 to 199 weeks $2,800 $2,240 $1,680 $1,120 $560 Nothing 100 to 149 weeks $2,300 $1,840 $1,380 $920 $460 Nothing Less than 100 weeks $1,800 $1,400 $1,080 $720 $360 Nothing
The term “basic period” shall mean the twenty (20) contributing quarters comprised in the five (5) calendar years before the first day of March preceding the date of the occurrence of said disability; Provided, however, That all pension payments received under § 683 of this title from the date of the occurrence of the disability and during the year preceding said date shall be subtracted from the sole payment mentioned above. For the purposes of this chapter, permanent total disability shall mean any sickness, injury or condition resulting in the permanent disability of the insured to operate a motor vehicle.
For the purposes of this chapter, it shall be necessary to present a certificate as proof of permanent total disability, issued by the Secretary of Transportation and Public Works, stating that the insured applicant’s drivers license, heavy motor vehicle and motorcycle operator’s license has been canceled due to a permanent total disability according to a certificate filed to that effect in said secretariat, a copy of which shall be furnished by the applicant to the Director. Acceptance by the insured of benefit payments for permanent total disability, shall deprive him/her of the right to apply in the future to the Secretary of Transportation and Public Works to be issued a license as chauffeur, a heavy motor vehicle and motorcycle license authorizing him/her to drive, under the contention that a physician has certified that he/she is physically able to drive it, unless the applicant reimburses the amount he/she received when he/she was declared totally and permanently disabled, to the Fund. Provided, That said Director may submit the applicant for the benefit payment to a medical examination, and the latter shall be bound to allow and facilitate that said examination be made to determine if the permanent total disability exists. Provided, That the insured shall not be entitled to this benefit when said permanent total disability is the result of a fight in which the insured initiated the aggression; or is due to gross negligence or reckless imprudence of the insured in the operation of his/her vehicle; or has been contracted as a direct result of the violation of a law; or a fraudulent action of the insured.
When an insured has received pension payments for sickness according to § 683 of this title and has not been able to return to work since he was taken sick because he continued sick uninterruptedly and became totally and permanently disabled due to the same sickness within the thirty (30) weeks following the date in which the last week for which pension was granted according to said section expired, he shall be entitled to participate in the permanent total disability benefits as provided in this section, but in computing the amount to be paid it shall be fixed as if the disability had occurred on the date the last payment of pension for sickness expired.
History —May 15, 1950, No. 428, p. 1038, added as § 5(A) on May 14, 1952, No. 454, p. 924, § 6; June 11, 1954, No. 59, p. 332; June 14, 1957, No. 59, p. 137; renumbered as § 5 and amended on June 14, 1960, No. 85, p. 151, § 1; June 24, 1964, No. 72, p. 220; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 5; June 18, 1980, No. 149, p. 663, § 6; Dec. 30, 1995, No. 262, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/686a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 686a - Insured persons sixty-five (65) or over; single payment as bonus
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 686a - Insured persons sixty-five (65) or over; single payment as bonus
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Every insured who has attained the age of sixty-five (65) years or more shall receive, upon his petition, a single payment as bonus. To be entitled to said payment the insured shall have paid the Chauffeurs and Other Employees Social Security Fund the amount of dues corresponding to forty (40) weeks or more in the period comprised in the four (4) contributing quarters ending immediately before the date he attained age sixty-five (65) or on the date he files his petition after attaining said age.
To avail him/herself of the payment of the bonus, the insured shall voluntarily request the cancellation of his/her chauffeur’s or heavy-motor vehicle or motorcycle operator’s license issued by the Department of Transportation and Public Works.
The single payment to be granted as bonus shall be determined by applying fifty percent (50%) of the amount established by the scale at age sixty-four (64) in § 686 of this title for permanent total disability.
The foregoing provisions shall not prevent the insured person from applying for and obtaining a motorcycle operator’s license. If the insured person’s license is a driver’s license or motorcycle operator’s license, its cancellation shall not be required.
History —May 15, 1950, No. 428, p. 1038, added as § 5-A on Nov. 23, 1975, No. 8, p. 934, § 6; renumbered as § 6 and amended on June 18, 1980, No. 149, p. 663, § 7; Dec. 30, 1995, No. 262, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/687/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 687 - Life insurance benefits; beneficiaries
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 687 - Life insurance benefits; beneficiaries
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Upon the death of any insured person who has met the requirements provided below by this chapter, the Secretary of Labor and Human Resources shall grant the persons who depended totally or partially for their support on the earnings of the insured person at the time of his/her death, one single payment as provided in § 688 of this title; Provided, That the employer of the deceased shall not be included among said persons. Said payment shall be distributed among these persons, subject to the condition, needs and dependency of each one, as it is decided by the Secretary of Labor and Human Resources pursuant to the facts. Provided, That for the purposes of the payment of this insurance, the woman or man who at the time of the death of the insured person, and during the last three (3) years prior to the death has lived with the insured person, shall be deemed to be entitled to a share. Provided, further, That when the persons who depended on the insured person at the time of his/her death are minors or mentally disabled, the benefits corresponding to these beneficiaries shall be delivered to the person who is, or remains in charge of said minors or disabled persons, if after the corresponding investigation is made, it is advisable to make such payments to that person, thus relieving the Secretary of Labor and Human Resources, his/her agents or employees from any future responsibility upon making the payment in the manner set forth. In any case in which the Secretary of Labor and Human Resources may determine through an investigation that she/he is prevented from paying the amount of the life insurance because there are no persons who depended for their support on the earnings of the insured person at the time of his/her death, he/she shall proceed to pay up to a maximum of six hundred dollars ($600) to the natural or juridical person who has incurred the expense of the funeral services of the insured person and who presents the corresponding vouchers.
History —May 15, 1950, No. 428, p. 1038, § 6; Sept. 15, 1950, No. 32, p. 250, § 1; May 14, 1952, No. 454, p. 924, § 7; June 11, 1954, No. 59, p. 322; June 14, 1957, No. 59, p. 137; June 14, 1960, No. 85, p. 151, § 1; June 24, 1964, No. 72, p. 220; June 21, 1971, No. 48, p. 136; renumbered as § 7 on June 18, 1980, No. 149, p. 663, § 8; Dec 20, 1995, No. 262, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/688/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 688 - Eligibility for benefits and amounts
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 688 - Eligibility for benefits and amounts
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The single payment provided in § 687 of this title shall be granted only in those cases in which the insured has paid the Fund the dues corresponding to ten (10) weeks or more in the period comprised in the four (4) contributing quarters ending immediately before the date of his death.
Dues Paid (or credited) in the Contributing year DUES PAID IN THE BASIC PERIOD 240 weeks or more 200 to 239 weeks 150 to 199 weeks 100 to 149 weeks Less than 100 weeks 45 weeks or more $6,000 $5,400 $4,800 $4,200 $3,600 40 to 44 weeks $5,400 $4,700 $4,100 $3,400 $2,700 30 to 39 weeks $4,800 $4,100 $3,400 $2,600 $1,900 20 to 29 weeks $4,200 $3,500 $2,800 $2,000 $1,300 10 to 19 weeks $3,600 $2,900 $2,200 $1,500 $ 800 Less than 10 weeks Nothing Nothing Nothing Nothing Nothing
The term “contributing year” means the period comprising the four (4) contributing quarters ending immediately before the date of death; and the term “basic period” means the twenty (20) contributing quarters comprised in the five (5) calendar years preceding the first day of March which precedes the date of death; Provided, That the dues credited for having received sickness pension under § 683 of this title, as hereinafter provided, shall not be used to determine the dues paid in the basic period; Provided, further, That if an insured dies within one year from the date he had a permanent total disability established under § 686 of this title, the amount to be paid for death shall be determined just as if he had died the day the permanent total disability occurred; and Provided, likewise, That from the above amount to be paid there shall be deducted all pension payments received under § 683 of this title, as well as any payment received under § 686 of this title with respect to any sickness or disability occurring within the year preceding the date of his death.
For the purposes of the life insurance granted under §§ 687 and 688 of this title, the weeks during the contributing year already defined, before his death, in which the insured has received sickness pension from the Chauffeurs and Other Employees Social Security Fund, and the week preceding the eighth day indicated in subsection (b) of § 683 of this title, shall be considered paid.
If an insured is taken sick and cannot return to work during one year or less from the last week he worked under the provisions of this chapter and paid his dues to the Fund, and dies within said year on account of said illness, it shall be considered, for the purposes of computing the value of the life insurance granted in the preceding §§ 687 and 688 of this title, that said death occurred in the above-mentioned last week in which the deceased worked and paid his dues to the Fund.
In those cases in which the insured has paid to the Fund the dues corresponding to forty (40) weeks or more in the four (4) contributing quarters which end immediately preceding the date of the occurrence of the death of his spouse or of any of his children up to fifteen (15) years of age, the Secretary of Labor and Human Resources shall grant one single payment to help meet expenses incurred on account of the death under the conditions set forth below:
Deceased Amount to be paid Wife or husband $800 Child 6 to 15 years old $500 Child under one year up to 5 years old $300
If both spouses are insured under the insurance plan and one of them dies, his dependents thus acquiring a right to the life insurance payment provided in §§ 687 and 688 of this title, then only the amount of said life insurance shall be paid, eliminating the payment provided in the foregoing paragraph for the death of his spouse.
The right to the payment mentioned above shall prescribe one year after the death has occurred if such benefit is not applied for in writing and diligently pursued by the insured’s beneficiary or his authorized representative within said term, and for which he shall submit to the Director the proof required of him together with a death certificate of the deceased.
History —May 15, 1950, No. 428, p. 1038, § 7; Sept. 15, 1950, No. 32, p. 250, § 1; May 14, 1952, No. 454, p. 924, § 8; June 11, 1954, No. 59, p. 322; June 14, 1957, No. 59, p. 137; June 14, 1960, No. 85, p. 151, § 1; June 24, 1964, No. 72, p. 220; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 7; renumbered as § 8 and amended on June 18, 1980, No. 149, p. 663, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/688a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 688a - Prescription of rights; waiver of compliance
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 688a - Prescription of rights; waiver of compliance
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The right to the benefits established in §§ 686, 686a and 688 of this title shall prescribe one year after the occurrence of the total permanent disability or the death of the insured, or the death of his spouse or of any of his children up to fifteen (15) years of age, if said benefit is not applied for in writing, and diligently pursued by the insured, his beneficiaries or his authorized representatives within said term, and for which he shall submit to the Director the proof or evidence required of him.
The Secretary of Labor and Human Resources may waive the strict compliance of said term provided that in each particular case of a delayed claim the following requirements are met:
(1) That the Secretary determines that there was a just cause for not complying with said term, and
(2) that the claim was filed within three (3) years after the alleged disability, or the death involved occurred.
History —May 15, 1950, No. 428, p. 1038, added as § 9 on June 18, 1980, No. 149, p. 663, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/688b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 688b - Method of determining if dues required have been paid
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 688b - Method of determining if dues required have been paid
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In order to determine whether the insured has paid the dues corresponding to the number of weeks required in §§ 686, 686a and 688 of this title, during the period corresponding to the four (4) contributing quarters ending immediately before the date of the total permanent disability, or in which the bonus benefit is applied for, or at the death of the insured, his spouse or any of his children up to fifteen (15) years of age, the weeks pensioned by the Chauffeurs and Other Employees Social Security Fund during the contributing year preceding the date of the occurrence of said total permanent disability, the date of the application of the bonus, or the death of the insured, or that of his spouse, or any of his children up to fifteen (15) years of age, and the week preceding the eighth day indicated in subsection (b) of § 683 of this title, shall be considered paid; Provided, That in said determination any contributing quarter with days interrupted as a result of a strike, lockout, labor dispute, or that were compensated for accident or sickness by the State Insurance Fund, the municipal or Commonwealth Government or their dependencies, public corporations or authorities, and the dues corresponding to them shall not be considered. When the contributing quarters are not considered, under the stated conditions, then, sufficient contributing quarters immediately preceding should be considered to complete a total of four (4) contributing quarters, to be considered.
History —May 15, 1950, No. 428, p. 1038, added as § 10 on June 18, 1980, No. 149, p. 663, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/689/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 689 - Application for pension benefits; determination by Director; appeal before Secretary; court...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 689 - Application for pension benefits; determination by Director; appeal before Secretary; court review
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(a) Any person who believes he/she is entitled to the benefits provided by this chapter shall file an application therefor in the manner prescribed by the Secretary of Labor and Human Resources. The right person may have to receive the benefits provided in this chapter, is non-transferrable and shall not be assigned in any way.
(b) Written notice shall be remitted to every claimant of his/her eligibility or ineligibility determination after she/he has applied for the benefits. The Director shall remit every determination by certified mail or personal service, to the last known address of the claimant. If the insured person or his/her beneficiaries, or any person who alleges to be entitled to the benefits provided by this chapter, do not agree with the Director’s determination, they may request a reconsideration thereof, in writing, filed within twenty (20) days following the date of the notice. In the absence of said request for reconsideration, the determination shall [be] deemed final and binding.
(c) The determination in reconsideration that is issued by the Director, and is [contrary] to the claimant party, can be appealed through a motion before the Secretary of Labor and Human Resources within a term of twenty (20) days counted from the date the notice of the Director’s determination on reconsideration was filed in the case. The Secretary shall appoint an examining official to hear the appeal. Said appeal shall be considered within fifteen (15) days after the motion has been filed. The Director shall submit to the Secretary a complete record with the investigation and the results thereof, and the conclusions and recommendations in law.
The examining official shall hold a hearing and shall give full recognition of the inherent rights to due process of law in favor of the appellant. In said hearing, the appellant shall have the right to examine and cross-examine witnesses, attend [the hearing] accompanied by his/her counsel or defense and to present the necessary evidence in his/her behalf.
The examining official shall preside over the hearing and shall submit a draft of the report to the Secretary including a statement of the facts and conclusions in law, as well as his/her recommendations in each case.
The Secretary shall issue the final decision from which a reconsideration can be requested within a term of twenty (20) days after the notice of the order or resolution was filed. The Secretary shall consider said motion. If the Secretary rejects the motion forthwith or does not act within the following fifteen (15) days, the term to request a review shall begin again from the date said denial is served, or when such fifteen (15) days expire, as the case may be. If any determination is made in its consideration, the term to request a review shall begin to count on the date a copy of the notice of the resolution definitely resolving the motion is filed in the record of the case, which resolution shall be issued and filed in the record of the case within ninety (90) days following the filing of the motion.
If the Secretary fails to take any action with regard to the motion accepted for reconsideration within ninety (90) days after having filed the motion to be resolved, he/she shall forfeit jurisdiction thereon, and the term to request judicial review shall begin as of the expiration date of said term of ninety (90) days, unless the court, for just cause, authorizes an extension to the Department of Labor and Human Resources to resolve the motion for a reasonable period of time.
The party that is adversely affected by a final order resolution of the Secretary may file a request for review before the Circuit Court of Appeals with jurisdiction within a term of ten (10) days counted from the date a copy of the notice of the order or final resolution of the Secretary has been filed in the record of the case, or within ten (10) days after the term provided in § 2169 of Title 3 has expired.
(d) Any party that is adversely affected by the resolution of the Circuit Court of Appeals can request a revision thereof by filing a writ of certiorari before the Supreme Court.
History —May 15, 1950, No. 428, p. 1038, § 8; Sept. 15, 1950, No. 32, p. 250, § 1; June 21, 1971, No. 48, p. 136; renumbered as § 11 and amended on June 18, 1980, No. 149, p. 663, § 12; Dec. 30, 1995, No. 262, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/690/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 690 - Assessment quotas; collection
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 690 - Assessment quotas; collection
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(a) All the insured employees of Puerto Rico covered by § 681 of this title shall pay to the Chauffeurs and Other Employees Social Security Fund hereby established weekly dues of fifty cents ($.50) for each week or fraction thereof worked, paying their dues through their respective employers as determined in subsection (c) of this section.
Every insured who is self-employed shall pay weekly to the Chauffeurs and Other Employees Social Security Fund the herein established dues of eighty cents ($.80) weekly for each week or fraction thereof worked, paying his own dues as determined in subsection (d) of § 681 of this title.
Any insured may voluntarily continue to pay the dues corresponding to the weeks in which he is not working since he has been laid off in his employment or has discontinued his occupation and is performing other work for the same or any other employer. That payment may be made if said layoff or other work is not due to the insured’s not being able to work as such, but in no case shall payments be accepted in excess of six (6) months, which period shall be reckoned from the date he ceases in his job or from the date the insured starts to do other work not properly [related to] that which he was doing. When the insured is self-employed he may also continue to pay the dues during the aforesaid term if his vehicle is not in condition to render services and the Director is so notified. The insureds with driver’s licenses suspended by the Department of Transportation and Public Works cannot pay their dues corresponding to such period. In such case, the dues to be paid shall be eighty cents ($.80) weekly for each week or fraction thereof worked in other kind of labor or for each week or fraction thereof which has elapsed since he ceased his employment.
(b) Any employer who employs one or more persons covered by the definitions of § 681 of this title shall pay weekly to the fund established in this chapter dues of thirty cents ($.30) for each person he may have working. He shall also remit the dues of fifty cents ($.50) imposed under subsection (a) of this section.
(c) Every employer who hires one or more persons covered by the definitions of § 681 of this title, shall immediately notify the Director of the Chauffeurs and Persons with Non-Occupational Disabilities Benefits Bureau, giving the names, license numbers, social security numbers and residential addresses, and shall withhold dues in the amount of fifty cents ($.50) imposed on each employee by subsection (a) of this section, each week from the salary or compensation of each person employed by him/her during each week or fraction thereof, and shall pay said amount for each taxable quarter, within sixty (60) days following the end of said quarter, including with the sum, a list of the names and two surnames, their respective motor vehicle operator’s license numbers, their respective social security [numbers] and the number of weeks of dues covered by the payment for each employee together with the dues imposed by subsection (b) of this section, to the Chauffeurs and Other Employees Social Security Spanish Fund established herein, in the form provided by the regulations of this chapter, a Secretary of the Treasury for the collection of the dues imposed hereby. Self-employed chauffeurs shall also pay the dues imposed by this chapter for each taxable quarter, within sixty (60) days following the end of said quarter, including with the amount, their name and two surnames, their chauffeur’s license number and that of the motor vehicle they operate, on the form provided in said regulations.
Every natural or [juridical] person who leases one or more motor vehicles for business purposes or for service to another natural or artificial person not operating same as a chauffeur shall notify the Director within five (5) days from the beginning of the lease, giving the motor vehicle registration numbers and the names and addresses of the lessees, as well as their respective social security numbers, or employers’ numbers, as the case may be. Provided, That for the purposes of this chapter, any natural or artificial person who leases a motor vehicle authorized by law to give public transportation services as defined in § 681(b) of this title to a chauffeur who is going to operate it to provide said services as defined in § 681(a)(1) of this title shall pay dues of thirty cents ($.30) for each motor vehicle leased for each week or fraction thereof for the duration of the lease; he shall also pay the dues assessed by subsection (a) of this section on each chauffeur.
Any lessee of a motor vehicle employing a chauffeur or a driver to operate it shall comply with the provisions of subsections (a), (b) and (c) hereof.
In no case shall the dues herein fixed be paid or credited for weeks in which the insured is sick or enjoying leave due to accident or sickness, while not otherwise provided in this chapter.
The Secretary of Labor and Human Resources may deny the benefits granted in this chapter to any insured person or his/her beneficiaries when he/she determines through an investigation, that the dues accredited which would entitle them to such benefit were not paid according to the provisions that govern the payment procedure, or that the payment of dues was made after the insured person acquired the illness or attained the age of fifteen (15) years. In such cases, the dues thus paid shall be reimbursed.
Any employer who fails to pay the dues he is legally bound to pay pursuant to this chapter may be sued before a competent court by any aggrieved person or his beneficiaries for the amount of the benefits due him or his beneficiaries plus an equal sum as additional compensation for liquidated damages, for which the claim procedure established in §§ 3118—3132 of Title 32, may be used.
The aggrieved person, or his beneficiaries who may bring such action shall have the right, without bond, to attach property of the employer for the amount of the claim, including the additional compensation, provided the court, after examining the complaint, which shall be under oath, finds that there is a just cause of action. Said attachment shall insure payment of the judgment which may eventually be entered on the case and which shall include costs, expenses and attorney’s fees. In this action the fact that the insured or employee refused to deliver the corresponding weekly dues or to permit that they be retained from his salary or compensation shall not constitute a defense for the employer.
The Secretary of the Treasury shall be empowered to provide by regulation all the necessary measures for levying and collecting the dues or contributions imposed herein. The regulations which the Secretary of the Treasury may issue to such effect shall not run counter to the rules and regulations issued by the Secretary of Labor and Human Resources. The Secretary of Labor and Human Resources or his authorized representatives have the duty to see to the enforcement of this chapter and of the rules and regulations mentioned above and to that end power is hereby granted to them to request chauffeurs and other employees to produce the license which authorizes them to operate a motor vehicle as well as the registration of the motor vehicle they operate, both of which shall be shown to the satisfaction of said officials. Likewise, it shall be the duty of every employer to allow the Secretary of Labor and Human Resources or his authorized representatives to examine and/or copy his payrolls, under penalty of incurring a crime pursuant to what is indicated hereinbelow.
History —May 15, 1950, No. 428, p. 1038, § 9; Sept. 15, 1950, No. 32, p. 250, § 1; May 14, 1952, No. 454, p. 924, § 9; June 14, 1957, No. 59, p. 137; June 18, 1959, No. 51, p. 152, § 1; June 14, 1960, No. 85, p. 151, § 1; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 8; June 3, 1976, No. 146, p. 437, § 2; July 20, 1979, No. 172, p. 450, § 4; renumbered as § 12 and amended on June 18, 1980, No. 149, p. 663, § 13; Dec. 30, 1995, No. 262, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/691/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 691 - Damages for failure to pay assessment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 691 - Damages for failure to pay assessment
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The Secretary of Labor and Human Resources shall have the right to recover from any employer who fails to fulfill his obligation to pay or withhold the dues fixed in § 690 of this title or of any chauffeur operating his own motor vehicle, the unpaid sums plus an equal sum by way of liquidated damages, in addition to the costs, expenses and attorney’s fees of the proceeding.
The cases of persons operating their own motor vehicles in the public transportation service where judgment has been entered for noncompliance with the obligation to pay the dues required by law shall be notified to the Public Service Commission of Puerto Rico so that the latter may give due consideration to the matter when said persons, employers and enterprisers appear before it in relation with their certificates of necessity and convenience and the issuing of permits.
History —May 15, 1950, No. 428, p. 1038, § 10; June 14, 1957, No. 59, p. 137; June 14, 1960, No. 85, p. 151, § 1; June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 9; renumbered as § 13 on June 18, 1980, No. 149, p. 663, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/692/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 692 - Chauffeurs and Other Employees Social Security Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 692 - Chauffeurs and Other Employees Social Security Fund
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A special fund is hereby created in the Department of the Treasury of Puerto Rico which shall be known as the Chauffeurs and Other Employees Social Security Fund, into which shall be covered all the assessments imposed by this chapter. There shall also be covered into this fund the amounts derived from liquidated damages, costs, attorney’s fees expenses collected through the civil action provided in the preceding section as well as any other income derived from fines, surcharges and interests to be collected or received in accordance with this chapter. There shall also be covered into this fund the interest earned in banks where deposited.
All benefits granted to the insured persons in accordance with the terms of this chapter shall be paid out of this special fund and all the administration expenses of the plan herein established shall also be paid out of this special fund.
After setting aside those amounts allocated for administrative expenses, the Secretary of the Treasury may invest from the Chauffeurs and Other Employees Social Security Fund that amount which, in the judgment of the Secretary of Labor and Human Resources, is not needed for the payment of benefits, covering into said fund the product of the interest earned by said investments. Said amounts may be invested in the same manner and for the same obligations as other monies of the Commonwealth are invested.
History —May 15, 1950, No. 428, p. 1038, § 11; Sept. 15, 1950, No. 32, p. 250, § 1; June 11, 1954, No. 59, p. 322; June 14, 1957, No. 59, p. 137; May 28, 1958, No. 22, p. 26; June 14, 1960, No. 85, p. 151, § 1; June 21, 1971, No. 48, p. 136; renumbered as § 14 on June 18, 1980, No. 149, p. 663, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/693/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 693 - Sick leave with pay
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 693 - Sick leave with pay
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The insured entitled to receive the benefits provided for in this chapter shall enjoy sick leave with full pay that may be heretofore or hereafter provided by any collective bargaining agreement or by the Mandatory Decrees of the Minimum Wage Board of Puerto Rico, during the waiting period determined by subsection (b) of § 683 of this title.
History —May 15, 1950, No. 428, p. 1038, § 12; Sept. 15, 1950, No. 32, p. 250, § 1; June 11, 1954, No. 59, p. 322; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 10; renumbered as § 15 on June 18, 1980, No. 149, p. 663, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/693a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 693a - Reservation of employment and reinstatement; conditions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 693a - Reservation of employment and reinstatement; conditions
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In the case of disability for work according to the provisions of this chapter, the employer shall be under the obligation to reserve the job filled by the worker at the time the disability begins and to reinstate him therein, subject to the following conditions:
(1) That the worker requires the employer to reinstate him in his job within a term of thirty (30) working days, counting from the date he was discharged from treatment, provided that said requirement is not made after one (1) year has elapsed from the date of the beginning of the disability.
(2) that the worker is mentally and physically able to perform such job at the time he requests his employer for reinstatement, and
(3) that said job exists at the time the worker requests his reinstatement. It shall be understood that the job exists when it is vacant or held by another worker. It shall be presumed that the job is vacant when the same is filled by another worker within thirty (30) days following the date on which the request for reinstatement was made.
If the employer fails to comply with the provisions of this subsection, he shall be under the obligation to pay the worker or his beneficiaries the wages that said worker would have received if he had been reinstated, and he shall also be liable for the damages caused. The worker or his beneficiaries may file and process the corresponding claim for reinstatement, or both in court through a regular action or through the wage claims procedure established in §§ 3118—3132 of Title 32.
History —May 15, 1950, No. 428, p. 1038, added as § 16 on Apr. 15, 1988, No. 16, p. 74, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/694/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-NINE - Labor (§§ 1 — 3004)›PART III - Social Security (§§ 611 — 726f)›Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695)›§ 694 - Penalties; application of plan
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 45 - Social Security for Chauffeurs and Other Employees (§§ 681 — 695) › § 694 - Penalties; application of plan
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Any violation of the provisions of this chapter or of the rules and regulations promulgated by the Secretary of Labor and Human Resources or the Secretary of the Treasury of Puerto Rico hereunder shall be a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500) or by jail for a maximum term of six (6) months, or both penalties, in the discretion of the court.
The fines and costs imposed and collected shall be covered into the Chauffeurs and Other Employees Social Security Fund.
History —May 15, 1950, No. 428, p. 1038, § 13; Sept. 15, 1950, No. 32, p. 250, § 1; June 11, 1954, No. 59, p. 322; June 14, 1957, No. 59, p. 137; June 14, 1960, No. 85, p. 151, § 1; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 11; renumbered as § 16 on June 18, 1980, No. 149, § 14; renumbered as § 17 on Apr. 15, 1988, No. 16, p. 74, § 2.
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