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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-45/695/
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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)›§ 695 - Unlawful acts and penalties
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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) › § 695 - Unlawful acts and penalties
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(a) Illegal acts.— It shall be illegal:
(1) Not to pay the assessment provided in subsections (a), (b) and (c) of § 690 of this title.
(2) For an employer to neglect to notify the Director of the name of a chauffeur or person covered by this chapter, employed by him, the license number by which he is authorized to operate a motor vehicle, his social security number and his residential address.
(3) For a lessee to lease one or more motor vehicles and fails to pay the assessment provided for in § 690 of this title, in addition to the assessment of each chauffeur or driver employed.
(4) If a chauffeur who operates his own motor vehicle as his own employer in the public transportation service fails to pay the assessment provided for in § 690 of this title.
(5) For every natural or [juridical] person who leases one or more motor vehicles to fail to notify the Director within the next five (5) days after the lease is granted, giving the license numbers of the motor vehicles leased, make and type of motor vehicle and the names, social security numbers or employers’ numbers, as the case may be, and the addresses of the natural or [juridical] persons leasing them, as required by § 690 of this title.
(6) To furnish the Director false information or to conceal information for the purpose of deceitfully entering the insurance plan or of fraudulently obtaining any of the benefits granted by this chapter.
(7) For a chauffeur to refuse to show the license which authorizes him to operate a motor vehicle, as well as the license of the motor vehicle he operates, when they are required of him by the Secretary of Labor and Human Resources or his representatives, as provided in § 690 of this title.
(8) For an employer to refuse to allow the Secretary of Labor and Human Resources or his authorized representative to inspect and/or copy his payrolls, pursuant to the provisions of § 690 of this title.
(b) Penalties.—
(1) Every person convicted of violating the provisions of clauses (1), (2), (3), (4) and (7) of subsection (a) of this section, shall be punished as follows:
(A) For the first violation, by a fine of not less than one dollar ($1.00) nor more than fifty dollars ($50) or jail for a term of not less than one day nor more than fifteen (15) days, or both penalties, in the discretion of the court.
(B) For recidivism, by a fine of not less than fifty-one dollars ($51) nor more than one hundred dollars ($100), or jail for a term of not less than sixteen (16) days nor more than one month, or both penalties, in the discretion of the court.
(2) Every person convicted of violating the provisions of clauses (5), (6) and (8) of subsection (a) of this section shall be punished as follows:
(A) For the first violation: by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100).
(B) For recidivism: by a fine of not less than one hundred and one dollars ($101) nor more than two hundred dollars, ($200) or jail for a term of not less than one month nor more than two (2) months, or both penalties, in the discretion of the court.
History —May 15, 1950, No. 428, p. 1038, added as § 14 on June 21, 1968, No. 111, p. 227; June 21, 1971, No. 48, p. 136; Nov. 23, 1975, No. 8, p. 934, § 12; June 3, 1976, No. 146, p. 437, § 3; July 20, 1979, No. 172, p. 450, § 5; renumbered as § 17 on June 18, 1980, No. 149, p. 663, § 14; renumbered as § 18 on Apr. 15, 1988, No. 16, p. 74, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/701/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 701 - Short title and rule of statutory construction
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 701 - Short title and rule of statutory construction
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This chapter shall be known and may be cited as the “Puerto Rico Employment Security Act”. This chapter shall be liberally construed to accomplish its purposes to promote employment security by affording opportunities for placement through the maintenance of a system of public employment offices, and to provide, through the accumulation of reserves, for the payment of compensation to individuals with respect to their unemployment.
The Legislature hereby declares its intent to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government.
History —June 21, 1956, No. 74, p. 328, § 1, eff. Jan. 1, 1957.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/702/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 702 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 702 - Definitions
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Unless otherwise deduced from the context, the terms expressed hereinbelow shall have the following meaning:
(a) American vessel or United States vessel.— Means any vessel documented or numbered under the laws of the United States; and any vessel which is neither documented nor numbered under the laws of the United States, nor documented under the laws of any foreign country, if its crew performs service solely for one or more citizens or residents of the United States or of the Commonwealth of Puerto Rico, or for a corporation organized under the laws of the United States or of any state or of the Commonwealth of Puerto Rico; and the term “American aircraft” or “United States aircraft” means an aircraft registered under the laws of the United States.
(b) Base period.— Means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual’s benefit year. Provided, that in case of a combined wages claim in accordance with the agreement approved by the United States Secretary of Labor, the “base period” shall be the one applicable under the provisions of the Unemployment Compensation Act of the liable state.
(bb) Alternative base period.— Means the last four (4) consecutive calendar quarters, always including the last one which immediately precedes the first day of the claimant’s benefit year. Provided, That for purposes of this chapter, all references to the “base period” shall include both the base period defined in subsection (b) of this section and the alternative base period, when applicable.
(c) Benefit.— Means the sum payable to an individual under this chapter with respect to his unemployment.
(d) Benefit year.— Means, with respect to a person who has rendered services specified in paragraphs (A), (B), (C), (D), (E), (F), (G) or (H) of subsection (k)(1) of this section, the period of fifty-two (52) consecutive weeks beginning on the Sunday of the week in which that person files a petition for the determination of his insured status; provided, that in regard to that week, said person does not have a previously established benefit year in effect.
Provided, That in the case of a combined wage claim pursuant to the agreement approved by the Secretary of Labor of the United States, the benefit year shall be that which is applicable under the provisions of the Unemployment Compensation Act of the paying state.
The filing of a notice of unemployment shall be deemed as a petition for a determination of insured status, provided a current benefit year has not been previously established.
(e) Calendar quarter.— Means the period of three (3) consecutive calendar months ending March 31, June 30, September 30, or December 31.
(f) Claimant.— Means an individual who has filed a request for a determination of insured status, a notice of unemployment, a certification for waiting-week credit or a claim for benefits.
(g) Contribution.—
(1) Means the money payments required by this chapter to be made into the Fund by an employer under § 708(b) of this title.
(2) Reimbursement in lieu of contributions.— Means an amount equal to the sum of the regular and additional benefits plus one-half of the extended benefits paid to the Fund by an employer who has elected such method of payment under subsections (e) and (f) of § 708 of this title. Provided, That for weeks of unemployment beginning on or after January 1, 1979 and which are based on the services rendered as described in subparagraphs (i)—(iii) of subsection (k)(1)(B) of this section, it shall mean an amount equal to the sum of regular, additional and extended benefits paid to the Fund by an employer who has elected such method of payment under subsections (e) and (f) of § 708 of this title.
(h) Director.— Means the Director of the Bureau of Employment Security in the Department of Labor and Human Resources of Puerto Rico.
(i) Employer.— Effective on January 1, 1972, means:
(1) Any employment unit which during any day within the current or preceding calendar year has or has had one or more persons under employment.
(2) Any employment unit for which service as defined in subsection (k)(1)(B)(ii) of this section is or had been rendered.
(3) Any employment unit for which service as defined in subsection (k)(1)(F) of this section is or has been rendered.
(4) Commencing on January 1, 1978, any employment unit for which service is or has been rendered:
(A) To the Commonwealth or any political subdivision thereof as provided by subsection (k)(1)(B)(iii) of this section.
(B) In agricultural endeavors, as defined in subsection (k)(1)(E)(ii) of this section.
(C) In domestic work, as defined in subsection (k)(1)(H) of this section.
(5) Any employment unit other than an employer by virtue of any other paragraph of this subsection, for which service is or has been rendered within the current or preceding calendar year, with respect to which such employment unit is liable for any federal tax against which credit may be granted for taxes that must be paid to a state unemployment fund; or any employment unit which under the provisions of the Federal Unemployment Tax Act (FUTA) must be an employer under this chapter as a condition for the approval of this act, so that the employers may receive full credit against the tax levied by the federal law.
(6) Any employment unit, which having become an employer under clauses (1), (2), (3), (4), or (5) of this subsection, has not ceased to be an employer subject to this chapter under the provisions of § 707(d) of this title.
(7) Any employment unit which has chosen to avail itself of the provisions of this chapter for the period granted therefor under § 707(e) of this title. The provisions of this subsection shall not apply to years preceding the effective date of this act. To determine whether an employment unit shall be considered an employer under this chapter, there shall be considered the service rendered in its totality for said unit in Puerto Rico and the service rendered for said unit in any other state by virtue of a choice made under a reciprocity agreement between the Secretary and any other agency in charge of the administration of the Federal Act on Unemployment Compensation or of any other state, under the provisions of § 715(c) of this title.
For the purpose of determining the status of an insured employer as indicated in this section and in § 707 of this title, every employer on or before filing the report or statement to determine the tax as required by § 708 of this and its “Regulation Number 1, To Regulate the Imposition and Collection of the Tax Levied by the Puerto Rico Employment Security Act”, shall be registered at the agency in the form provided for such purposes, for the designation of the employer account number for the payment of taxes or for the reimbursement of paid benefits. In order to be registered, the employer must furnish the required information fully and accurately.
(j) Employing unit.— Means:
(1) Any individual or type of organization, including agencies or instrumentalities of the Commonwealth of Puerto Rico or any political subdivision thereof organized or that may be organized hereafter to operate as private enterprises as well as those hospitals and institutions of higher education operated by the Commonwealth of Puerto Rico or any political subdivision, or any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee, including trustee in bankruptcy, or successor of any of the foregoing, or the legal representative of a deceased person, who or which has, or had subsequent to the effective date of this act, one or more individuals in his or its service within Puerto Rico.
(2) All workers performing service within the territorial limits of Puerto Rico for any employing unit operating two (2) or more separate establishments within said territorial limits shall for all purposes of this chapter, be deemed to be performing service for a single employing unit.
(3) Whenever an employing unit contracts with any other employing unit for any work which is part of the usual trade, occupation, profession, or business of the former employing unit, each worker who performs service in employment under such contract shall, for the purpose of determining whether the former employing unit is an employer under subsection (i) of this section, be deemed to be performing such service in employment for the former employing unit; Provided, That if the latter employing unit is not an employer under subsection (i) of this section, each such worker shall, for all purposes of this chapter, be deemed to be performing such service in employment for the former employing unit.
(4) Any individual engaged to perform or assist to perform the work of any person in the service of an employing unit shall, for all purposes of this chapter, be deemed to be engaged by such employing unit, whether such individual was engaged or paid directly by such employing unit or by such other person, provided the employing unit had actual or constructive knowledge of the work.
(k) Employment.— Means:
(1)
(A) Any service performed by a person for wages, including:
(i) Service rendered in interstate commerce and in commerce with foreign countries;
(ii) service considered “employment” under clause (5) of this subsection;
(iii) service rendered for any person as:
(I) Agent-driver, or commission driver, with regard to the distribution of meat products, vegetable products, fruit products, bakery products, beverages, or laundry or dry-cleaning services;
(II) traveling or city salesmen (other than an agent driver, or commission driver) engaged in soliciting on behalf of and transmitting to his principal, the orders of wholesalers, retailers, contractors, operators of hotels, restaurants or any other similar establishments, for merchandise for resale or materials to be used in the operation of their businesses;
(III) insurance salesmen;
(IV) homeworkers performing work according to specifications furnished by the person for whom the services are performed, with materials or goods furnished by such person, which must be returned to such person or any other person designated by him; Provided, That the term “employment” shall include the services in this subparagraph, above, only if:
a. The service contract states that substantially all of the services are to be performed personally;
b. the person does not have a substantial interest in connection with the performance of the service; except the transportation facilities or the equipment needed to perform the services; and
c. the services are not a single transaction, but are a part of a continuing relationship with the person for whom the services are performed.
For purposes of this paragraph the term “person” shall include, without it being construed as a limitation, any individual as well as any official of a corporation or member of a company, association, estate, civil, or mercantile partnership, professional, cooperative or of any other nature.
(B)
(i) Service performed by an individual for agencies or instrumentalities of the Commonwealth of Puerto Rico or of the municipalities, organized to operate as private enterprises.
(ii) Service performed by an individual for a hospital or an institution of higher education located in Puerto Rico operated by the Commonwealth of Puerto Rico or any political subdivision thereof, or an instrumentality of any or more of the foregoing which is wholly owned by the Commonwealth of Puerto Rico or by one or more of its political subdivisions.
(iii) Services performed after January 1, 1978, by a person for the Commonwealth of Puerto Rico or any political subdivision thereof, or an instrumentality of one or more of such political subdivisions not included in the foregoing subparagraphs.
(C) Service performed by an officer or crew member of an American vessel on or in connection with such vessel, provided the operating office from which the operations of such vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled, is within Puerto Rico; and service performed by an officer or crew member of an American aircraft on or in connection with such aircraft, provided the operating office from which the operations of such aircraft operating within, or within and without, the United States, are ordinarily and regularly supervised, managed, directed and controlled, is within Puerto Rico.
(D) Notwithstanding any other provisions of this subsection, service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or service performed for any employing unit which upon requirement of the Federal Unemployment Tax Act (FUTA) must be an employer under this chapter as a condition for the approval thereof in order that the employers may receive full credit against the tax imposed by the federal act.
(E) Agricultural labor.— Shall be understood to be services performed:
(i) In the agricultural phase of the sugar industry in the preparation of the soil, planting, cultivating and harvesting of the sugarcane, and the transportation of sugarcane when performed by the employer-farmer, as well as any other work or services necessary to or related to said activities.
(ii) Services performed after January 1, 1978:
(I) On an agricultural farm in the employment of any person, with respect to the cultivation of the soil or with respect to the raising, or harvesting of any agricultural or horticultural commodity, including the raising, shearing, feeding, care, training and handling of livestock, bees, poultry, fur-bearing animals whose skin is used for commercial purposes, and wildlife, or with respect to the catching, harvesting, or breeding of any kind of fish, seafood and crustaceans.
(II) In the employment of the owner or tenant or other operator of an agricultural farm, with respect to the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in relation to the salvaging of timber or removing of brush or debris caused by a hurricane or any other act of nature, if the major part of such service is performed on a farm.
(III) With respect to the production or harvesting of any agricultural commodity as defined in § 15(g) of the Agricultural Marketing Act (46 Stat. 1550, § 3; 12 U.S.C. § 114j) or with respect to the ginning of cotton or to the operation or upkeep of ditches, canals, reservoirs or water conduits not owned or operated for profit, that are used exclusively for supplying and storing water for farming.
(IV) In the employment of a farm operator or a group of farm operators or of a farmers cooperative organization of which the operators are members, in the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering for storage or to a market or to a carrier for transportation to the market, of any unmanufactured agricultural or horticultural commodity; but only if such operator or operators produced more than one-half of the commodity with respect to which such services are performed. The provisions of this item shall not be construed as applicable with respect to services performed in relation to commercial canning or freezing, or any agricultural or horticultural commodity after it is delivered to a specific market for distribution for consumption purposes, or with respect to the commercial processing of sugar, tobacco, coffee or fruit.
As used in this subsection, the term “farm” includes livestock, dairy, poultry, fruit, truck farms, plantations, nurseries, pasture and forest land, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural consumer commodities, and orchards.
(V) For the purposes of this subsection, any worker who is a member of a crew furnished by a crew leader to perform agricultural labor shall be treated as an employee of such crew leader:
If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963, or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment which is provided by such crew leader; and such worker is not an employee of such other person under clause (1)(A) of this subsection.
In the case of any worker who is furnished by a crew leader to perform work for any other person (who is not treated as an employee of such crew leader under the preceding item) it shall be understood that he is employed by such other person and this person shall be treated as having paid cash remuneration to such worker in an amount equal to the amount of cash remuneration paid to such worker by the crew leader for the services performed.
(VI) Crew leader. — Means a person who furnishes workers to perform agricultural labor for any other person, pays cash remuneration either on his behalf to such workers or on behalf of such other person for the services performed and has not entered into a written agreement with such other person under which such other person is designated as an employee of such other person.
(F) Service performed after December 31, 1971, by an individual as an employee of a corporation, institution, society, association, foundation, or any community chest created and administered exclusively for religious, charitable, scientific, literary or educational purposes, or for the prevention of cruelty to children or to animals, no part of the net earnings of which inures to the benefit of a shareholder or a private person, or any other organization described in § 501(c)(3) of the United States Internal Revenue Code of 1954, provided said organization is exempt from income tax under § 501(a) of said Code.
(G) Services performed outside the United States, except in Canada, on and after January 1, 1972, by a citizen of the United States, and in the case of the Virgin Islands, after December 31, 1971, and prior to January 1 of the year following that in which the United States Secretary of Labor approves the Unemployment Compensation Law for the Virgin Islands, pursuant to the provisions of § 3304(a) of the 1954 Internal Revenue Code, in the employ of an American employer, as this term is defined in subsection (x) of this section (other than services considered as “employment” under the provisions of clauses (2), (3) or (8) of this subsection or similar provisions of the law of another state), if:
(i) The employer’s principal place of business in the United States is located in Puerto Rico, or
(ii) the employer has no place of business in the United States, but:
(I) The employer is an individual who is a resident of Puerto Rico; or
(II) the employer is a corporation which is organized under the laws of Puerto Rico; or
(III) the employer is a partnership or a trust and the number of the partners or trustees who are residents of Puerto Rico is greater than the number of those who are residents of any other state; or
(iii) none of the criteria of subparagraphs (i) and (ii) of this paragraph is met but the employer has elected to be covered by the law of Puerto Rico, or, the employer having failed to elect coverage under the law of any state, the individual has filed a claim for benefits, based on such service, under the law of Puerto Rico.
(H) Services performed on and after January 1, 1978, in a private home for an employer who during the current or preceding calendar year paid wages in cash of one thousand dollars ($1,000) or more in any calendar quarter for domestic service.
(2) Employment.— Shall include an individual’s entire service performed within, and the entire partial service performed both within and [outside], the Commonwealth of Puerto Rico, if the service is localized in Puerto Rico. Service shall be deemed to be localized in Puerto Rico if:
(A) The service is performed entirely within Puerto Rico, or
(B) the service is performed both within and [outside] Puerto Rico but the service performed without Puerto Rico is incidental to the individual’s service performed within Puerto Rico; for example, is temporary or transitory in nature or consists of isolated transactions.
(3) Employment.— Shall include an individual’s entire service performed within or within and [outside] Puerto Rico if the service is not localized in Puerto Rico but some of the service is performed here and:
(A) The individual’s base of operations is in Puerto Rico; or
(B) if there is no base of operations, then the place from which such service is directed or controlled is in Puerto Rico, or
(C) the individual’s base of operations or place from which such service is directed or controlled is not in any place where some part of the service is performed, but the individual’s residence is in Puerto Rico.
(4) Service performed by an individual by virtue of a voluntary election approved by the Director under the provisions of § 707(e) of this title and by the Secretary under § 715(c) of this title, shall be deemed to be employment during the effective period of the election’s approval.
(5) Service performed by an individual shall be deemed to be employment subject to this chapter irrespective of whether a management-labor relationship exists, unless and until it is shown to the satisfaction of the Secretary that:
(A) Such individual has been and will continue to be free from control and direction in connection with the performance of such service, both under his contract for the performance of service, and in fact; and
(B) such service is performed either outside the usual course of the business for which the service is performed or outside of all the places of business of the enterprise for which the service is performed, and
(C) such individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.
(6) Employment.— Shall not include:
(A) Services performed by a person in any calendar quarter outside of commercial service or the business of an employing unit, unless the cash remuneration paid for such services is fifty dollars ($50) or more, and the services are rendered by a person who is regularly employed by said employing unit to render the same. For the purposes of this paragraph, a person shall be deemed regularly employed to render services outside of commercial service or the business of any employing unit during a calendar quarter, only if:
(i) During each day of any twenty-four (24) day period, not necessarily consecutive, during said quarter, this person renders said services during some part of the day, or
(ii) this person was regularly employed by said employing unit to render said services during the previous calendar quarter (as provided in subparagraph (i)).
(B) Service performed as employee of a school, college or university, if such service is performed by a student who is enrolled and who is regularly attending classes in said school, college or university.
(C) Notwithstanding clause (2) of this subsection, service by an officer or member of the crew of a United States vessel or aircraft performed on or in connection with such vessel or aircraft, if the operating office from which the operations of the vessel or aircraft are ordinarily and regularly supervised, managed, directed and controlled, is without Puerto Rico.
(D) Service performed on or in connection with a vessel or aircraft other than a United States vessel or aircraft by an individual if he performed such service on or in connection with such vessel or aircraft when outside the United States or Puerto Rico.
(E) Service performed by an individual, officer or member of the crew while it is engaged in the catching, taking, harvesting, or cultivating, of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other forms of aquatic animal or vegetable life including service performed by any such individual as an ordinary incident to any such activity except:
(i) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes, and
(ii) service performed on or in connection with a vessel of more than ten (10) net tons (determined in the manner provided for determining the registered tonnage of merchant vessels under the laws of the United States).
(F) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one (21), not a head of a family, in the employ of his father or mother.
(G) Service performed in the employ of the United States Government or of an instrumentality of the United States exempt under the Constitution or any other law of the United States from the contributions imposed by this chapter, except that to the extent that the Congress of the United States shall permit this Commonwealth to require any instrumentalities of the United States to make payments into the unemployment fund under this chapter, all of the provisions of this chapter shall apply to such instrumentalities, and to service performed for such instrumentalities, in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals, and service; Provided, That if this Commonwealth shall not be certified for any year by the Secretary of Labor of the United States under § 3304(c) of the Federal Unemployment Tax Act, the payments required of such instrumentalities with respect to such year shall be refunded by the Secretary from the fund in the same manner and within the same period as is provided in § 709(d) of this title with respect to contributions erroneously collected; Provided, further, That employees of any such instrumentality of the United States shall be eligible for benefits under this chapter in the same amount, on the same terms, and subject to the same conditions as benefits are payable to employees of other employers under this chapter.
(H) Service performed on an unemployment work relief project undertaken by the Government of the Commonwealth of Puerto Rico or any subdivision thereof.
(I) Service performed in the employ of any state or any political subdivision thereof or any instrumentality of any one or more of the foregoing.
(J) Service with respect to which unemployment insurance is payable under an unemployment insurance program established by an act of the United States Congress.
(K) Service performed in the employ of a foreign government, including service as a consular or other officer or employee or a non diplomatic representative.
(L) Service performed in the employ of an instrumentality wholly owned by a foreign government.
(M) Service performed in the employ of an international organization.
(N) Service covered by election of an employer with the approval of the employee so that the services of the latter are covered by the laws of another state, duly approved by the agency charged with the administration of any state or federal employment security law, in accordance with an arrangement pursuant to § 715(c) of this title during the effective period of such approval, except as provided in subsection (i)(1) of this section.
(O) Services performed by a person who is enrolled as a student in a full-time program in a public or nonprofit educational institution, accepted to receive credit in said institution, which normally maintains a regular faculty and curriculum and normally has an organized student body in attendance at the place where its educational activities are performed; which combines academic instruction with work experience, if such service is an integral part of such program and such institution has thus certified it to the employer. Except, that this paragraph shall not apply to services performed in a program established for, or in benefit of an employer or group of employers.
(P) For the purposes of subparagraphs (ii) and (iii) of subsection (k)(1)(B) of this section, the term “employment” shall not apply to services performed:
(i) In the employ of a church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; or
(ii) as a participant in a rehabilitation program for persons whose ability to obtain an income is deteriorated by age or by a physical or mental deficiency or impairment, or a program to provide remunerative work for those persons who due to their deteriorated physical or mental ability cannot be absorbed immediately into the competitive labor market; by a person who is receiving said rehabilitation or remunerative work; or
(iii) as a participant in a work or training program to relieve unemployment, aided or financed wholly or in part by any federal agency or a state agency or a political subdivision thereof, by a person receiving said assistance or training; or
(iv) for a hospital in a state prison or other state correctional institution, by an inmate of such prison or correctional institution, on and after January 1, 1978, by inmates of penal or custodial institutions;
(v) by a person in the performance of his duties such as:
(I) An elected official
(II) a member of the Legislative or Judiciary bodies
(III) a member of the State National Guard or Air National Guard
(IV) an employee hired on a temporary basis in case of fire, storm, earthquake, flood or any other similar emergency
(V) an official holding a confidential or advisory position who participates or collaborates substantially in the drawing up of public policies or services performed in an advisory position the performance of which does not require more than eight (8) hours per week.
(Q) For the purposes of subsection (k)(1)(F), the term “employment” does not apply to services rendered:
(i) As an employee of a church or congregation or association of churches, or an organization operated primarily for religious purposes, and which is operated, supervised, controlled or mainly supported by a church or congregation or association of churches; or
(ii) by a duly ordained minister of a church, commissioned or licensed in the ministry, or by a member of a religious order practicing the duties demanded by said order; or
(iii) as a participant in a rehabilitation program for persons whose ability to obtain an income is deteriorated by age or by a physical or mental deficiency or impairment or a program to provide remunerative work for those people who due to their deteriorated physical or mental ability cannot be absorbed immediately into the competitive labor market; by a person who is receiving said rehabilitation or remunerative work; or
(iv) as a participant in a work or training program to relieve unemployment, aided or financed wholly or in part by any federal agency or by a state agency or a political subdivision thereof, by an individual who receives said assistance or training; or
(v) for a hospital by an inmate of a penal, correctional or custodial institution.
(R) Services rendered by a person whose remuneration consists of or is derived from commissions, discounts or percentages exclusively, relating to orders for and from house-to-house sales of consumer products previously acquired or purchased by said person for that purpose.
(S) The services performed by a partner for the partnership of which he is a part thereof.
(T) The services performed by a real estate agent and a door-to-door salesman.
For the purposes of this paragraph:
(i) A real estate agent shall be deemed to be an individual who:
(I) Has been issued a license as a real estate agent, and
(II) receives remuneration on the basis of services performed and not on hours worked, and
(III) performs services according to a written contract with the individual for whom the services are rendered and said contract provides that such individuals shall not be deemed to be an employee for the purpose of this chapter.
(ii) A door-to-door salesman shall be deemed to be an individual who:
(I) Is engaged in the trading or sale (or in soliciting the sale) of articles of common use or consumption to any purchaser for resale (by the buyer or any other person) in his abode or any place other than an establishment or business, and
(II) receives remuneration on the basis of services performed and not on hours worked, and
(III) performs services according to a written contract with the individual provides that such individual shall not be deemed to be an employee for the purposes of this chapter.
(U) Services rendered by a full-time student at a summer camp if the camp:
(i) Does not operate for more than seven (7) months during the calendar year and did not operate for more than seven (7) months during the previous calendar year, or
(ii) had an average gross income during any six (6) months of the previous calendar year no greater than thirty-three and one third percent (33 1 / 3 %) of the average gross income for the remaining six (6) months of the previous calendar year, and
(iii) if said full-time student performed services at the camp during a period of twelve (12) calendar weeks or less during said calendar year.
For the purposes of this paragraph, a person shall be deemed to be a full-time student:
(i) In any period in which the person is enrolled as a full-time student in an educational institution, or
(ii) in the period between two academic sessions, if the person was enrolled at an educational institution as a full-time student during the school year or academic session immediately preceding and there is a reasonable certainty that the person will return to the educational institution as a full-time student at the start of the next academic year or next academic session.
(V) Services rendered by a person on a boat engaged in fishing for fish and other marine life under an agreement with the owner or operator of the boat according to which:
(i) The person does not receive cash remuneration other than that provided in subparagraph (ii);
(ii) the person receives a portion of the catch obtained by the boat (or by the boats if the operator has more than one) or a portion of the profit obtained from the sale of said catch, and
(iii) the amount of the portion depends on the quantity of the catch obtained by the boat (or by the boats, in case the fishing operation includes more than one boat), but only if the crew that operates the boat (or boats, in case the fishing operation involves more than one boat) is normally composed of less than ten (10) persons.
(7) If the service performed during one-half (1 / 2) or more of any pay period by an individual for an employing unit constitutes employment under this chapter, all the service of such individual for such period shall be deemed to be employment; but if the service performed during more than one-half (1 / 2) of any such pay period by an individual for an employing unit does not constitute employment, then none of the service of such individual for such period shall be deemed to be employment. As used in this paragraph, the term “pay period” means a period of not more than thirty-one (31) consecutive days for which a payment for service is ordinarily made to the individual by the employing unit. This paragraph shall not be applicable with respect to service performed in a pay period by an individual for an employing unit, when any of such service is excluded because it is subject to an unemployment insurance program established by an act of Congress.
(8) Employment.— Shall include an individual’s total service, performed within the United States, the Virgin Islands or Canada, if:
(A) Such service is not covered by the unemployment compensation law of any other state, the Virgin Islands or Canada, and
(B) the place from where the services are directed or controlled is in Puerto Rico.
(l) Employment office.— Means a free public employment office or branch thereof operated by the Commonwealth of Puerto Rico or by any state as a part of a state-controlled system of public employment offices, or by a federal agency.
(m) Fund.— Means the unemployment fund established by this chapter.
(n) Insured work.— Means employment by employers.
(o) Insured worker.— Means an individual who, with respect to a base period, meets the wage and employment requirements of § 703(c) of this title.
(p) Secretary.—
(1) Means the Secretary of Labor and Human Resources of the Commonwealth of Puerto Rico.
(2) Secretary of the Treasury.— Means the Secretary of the Treasury of the Commonwealth of Puerto Rico.
(q) State.—
(1) Includes the states of the United States of America, the District of Columbia, the Virgin Islands, Canada and the Commonwealth of Puerto Rico.
(2) United States.— When used in a geographical sense or for purposes of subsection (k)(1)(G) of this section means, except where otherwise provided, the states, the District of Columbia and the Commonwealth of Puerto Rico. It shall include the Virgin Islands, effective the day after the day on which the Secretary of Labor of the United States approves for the first time the Unemployment Compensation Law submitted by the Virgin Islands for his approval, pursuant to the provisions of § 3304(a) of the 1954 Internal Revenue Code.
(r) Wages.—
(1) Means:
(A) All compensation for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash.
(B) Any payment made for vacation or sick leave.
(C) Back pay awarded under any statute of Puerto Rico or the United States.
The cash value of any remuneration in any medium other than cash shall be computed and determined as prescribed through rules by the Secretary. For the sole purpose of a determination of insured status of an individual, back-pay awards shall be allocated to the quarters with respect to which they were made. If the remuneration of an individual is not based upon a fixed period or duration of time or if his wages are paid at irregular intervals or so as not to extend regularly over the period of employment, for the sole purpose of a determination of said individual’s insured status the wages shall be allocated to weeks or quarters as the Secretary may by regulation prescribe. Such regulations shall, so far as possible, produce results reasonably similar to those which would prevail if the individual were paid his wages at regular intervals.
(2) Notwithstanding the provisions of clause (1) of this subsection the term “wages” shall not include:
(A) Gratuities, meaning money or other things customarily tendered to employees in the course of their services by persons other than his employing unit.
(B) The amount of any compensation obtained through a judgment, stipulation, transaction or the voluntary act of an employer, in addition to the salary the individual is entitled to receive.
(C) The amount paid by an employing unit covered by this chapter for retirement, hospitalization, or medical and medicine expenses under some plan established by such employing unit.
(D) The amount paid by an employing unit as premiums under some plan providing for retirement or insurance payments to its employees.
(E) Any dismissal compensation payment.
(s) Waiting week.— With respect to a person who has rendered services specified under paragraph (A), (B), (C), (D), (E), (F), (G), or (H) of subsection (k)(1) of this section means the first week of unemployment occurring in a benefit year in which the worker has complied with all the requirements of § 704 of this title.
(t) Week.— Means such period of seven (7) consecutive days as the Secretary may by regulation prescribe.
(u) Week of unemployment.— With respect to a person who has rendered the services specified under paragraph (A), (B), (C), (D), (E), (F), (G) or (H) of subsection (k)(1) of this section means any week in which he does not render services in a full workweek, and in which his wages or self-employed remuneration are less than one and one-half (1 1 / 2) times the amount of his weekly benefit.
(v) Agricultural worker.— Means a person more than fifty percent (50%) of whose salary in the base period was paid for service specified under subsection (k)(1)(E) of this section.
(w) The following terms as well as any other terms in this chapter not defined herein shall be defined by the Secretary through regulations: “permanently displaced”; “technological progress”; “permanent disappearance of an establishment, industry or occupation”; “sugar grinding season”; “full-time work”.
(x) American employer.— For the purpose of subsection (k)(1)(G) of this section, means a person who is:
(1) A resident of the United States; or
(2) a partnership if two-thirds (2 / 3) or more of the partners are residents of the United States; or
(3) a trust, if all of the trustees are residents of the United States; or
(4) a corporation organized under the laws of the United States or of any state.
(y) Education institution including an institution of higher education.—
(1) As defined by clause (2) of this subsection, is an institution or establishment:
(A) In which participants, trainees or students are offered an organized course of study or training intended to transfer to them knowledge, skills, information, doctrines, attitudes or abilities by or under the direction of a teacher or instructor;
(B) to which a license, approval or permit has been granted to operate as a school by the Department of Education of Puerto Rico or any other government agency of the Commonwealth authorized to issue said license or permit;
(C) in which the training study courses offered are of an academic, technical or preparatory nature for a trade or gainful employment in a recognized occupation.
(2) Institution of higher education.— Means an educational institution which:
(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such certificate;
(B) is legally authorized in Puerto Rico to provide a program of education beyond high school;
(C) provides an educational program for which it awards a bachelor’s or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and
(D) is a public or other nonprofit institution;
(E) notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in Puerto Rico are institutions of higher education for purposes of this section.
(z) Hospital.— Means an institution which has been licensed, certified or approved by the Department of Health of the Commonwealth of Puerto Rico as a hospital pursuant to § 333d of Title 24.
History —June 21, 1956, No. 74, p. 328, § 2; June 30, 1957, J.R. No. 125; June 30, 1959, No. 104, p. 296, §§ 1, 2; June 14, 1960, No. 83, p. 147, § 1; Dec. 22, 1960, No. 1, p. 1, §§ 2—5; June 8, 1962, No. 27, p. 54, § 1; June 28, 1963, No. 93, p. 271, §§ 1, 2; June 24, 1964, No. 71, p. 213, § 1; June 24, 1964, No. 73, p. 225, § 1; June 6, 1967, No. 102, p. 330, §§ 1—6; June 6, 1967, No. 107, p. 343, § 1; June 24, 1971, No. 85, p. 257, § 1; June 15, 1972, No. 16, p. 374, § 1; Aug. 9, 1974, No. 21, Part 2, p. 646, § 1; June 30, 1975, No. 111, p. 329, § 1; June 23, 1976, No. 15, p. 721, § 1; June 24, 1977, No. 101, p. 228, § 1; Dec. 13, 1977, No. 2, p. 602, § 1; July 13, 1978, No. 35, p. 483; July 26, 1979, No. 4, p. 924, § 1; June 22, 1981, No. 15, p. 103, § 1; May 21, 1982, No. 18, p. 35, § 1; July 2, 1985, No. 53, p. 130, § 1; July 9, 1985, No. 95, p. 300, § 1; July 15, 1988, No. 102, p. 424, § 1; Sept. 16, 2005, No. 114, § 2, retroactive to July 1, 2005; Aug. 18, 2011, No. 191, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/703/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 703 - Benefit formula
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 703 - Benefit formula
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(a) Benefit payment.— Benefits shall be paid from the fund to workers who are unemployed and eligible for benefits.
(b) Weekly benefit amount.—
(1) Except as provided in subsection (c)(2) of this section, the weekly benefit amount of an insured worker other than an agricultural worker, fifty percent (50%) or more of whose salary in his basic period was paid for services specified in paragraph (A), (B), (C), (D), (F), (G), or (H) of subsection (k)(1) of § 702 of this title shall be that benefit consigned in the compensation schedule established by the Secretary through regulations.
The Secretary is authorized, beginning July 1, 1987, and from that date, on July 1 of each year, to adopt, through regulations, compensation schedules in addition to those hereby established. The maximum weekly benefit amount which the Secretary may establish shall not be less than fifty percent (50%) of the average weekly wage of the covered nonagricultural workers, according to the schedule which appears in said regulations.
The Secretary shall by regulations, establish the formula for determining the average weekly wage.
(2) The weekly benefit amount of an agricultural worker whose more than fifty percent (50%) of his wage in his basic period was paid for agricultural services specified in subsection (k)(1)(E) of § 702 of this title, except those provided in subsection (c)(2) of this section, shall be that which is consigned in the schedule of benefits established by the Secretary through regulations.
The Secretary is authorized, beginning July 1, 1987, and from then on, on July 1 of each year, to adopt by regulations, benefit schedules in addition to those already established. The amount of maximum weekly benefit to be established by the Secretary shall not be less than fifty per cent (50%) of the average weekly wage of the covered agricultural workers, according to the schedule that appears in said regulations.
The Secretary shall define the formula to determine the average weekly wage, by regulations.
(c) Qualifying wages.—
(1) To qualify as an insured worker, an individual whose weekly benefit amount is determined in subsection (b)(1) of this section must have been paid wages for insured work during his base period as consigned in the benefit schedule and such wages must have been paid in at least two (2) calendar quarters of his base period.
(2) To qualify as an insured worker the individual whose weekly benefit amount is determined under subsection (b)(2) of this section must have been paid wages for insured work during his base period as consigned in the benefits schedule. Provided, That if the wages were paid in at least two (2) quarters of his basic period, the weekly benefit shall be determined pursuant to the provisions of subsection (b)(1) of this section.
(3) Whenever the benefit calculation of the base period, as defined in subsection (b) of § 702 of this title, shows that the claimant does not qualify for the benefit, the Secretary shall apply the alternative base period to make the eligibility calculation.
(d) Maxium potential annual benefits.— The maximum potential benefit payable to any insured worker during a benefit year shall be an amount equal to twenty (20) times the amount of his/her weekly benefit.
Provided, however, That such maximum potential benefits payable to an insured worker during his/her benefit year shall, henceforth be as indicated below:
(1) An amount equal to twenty-three (23) times the amount of his/her weekly benefit, if his/her benefit year starts on or after January 1, 1991.
(2) An amount equal to twenty-six (26) times the amount of his/her weekly benefit if his/her benefit year starts on or after June 30, 1991.
(e) Benefit per week of unemployment.— An insured worker who is unemployed in any week as defined in § 702(u) of this title, and who meets the conditions of eligibility for benefits under § 704 of this title, shall be paid, with respect to such week, an amount equal to his weekly-benefit amount, less that portion of his income (if any) that exceeds the amount of said weekly benefit, with respect to said week, and the result obtained must be rounded to the next lowest dollar.
(f) No individual may receive benefits for the second of two (2) consecutive benefit years unless, after the beginning of the first of those years in which he received benefits, he has rendered services in covered employment under this chapter, or under the laws of any state of the United States, in a calendar quarter, and has received in wages the total of at least three (3) times the weekly benefit determined in his first benefit year, but never less than [fifty dollars] ($50).
History —June 21, 1956, No. 74, p. 328, § 3; June 14, 1960, No. 83, p. 147, § 2; June 8, 1962, No. 27, p. 54, § 2; June 24, 1964, No. 73, p. 225, § 2; June 18, 1965, No. 45, p. 85; June 6, 1967, No. 102, p. 330, §§ 7—10; June 6, 1967, No. 107, p. 343, § 2; June 26, 1969, No. 87, p. 244, §§ 1, 2; May 28, 1970, No. 48, p. 114, § 1; June 24, 1971, No. 85, p. 257, § 2; June 15, 1972, No. 16, p. 374, § 2; June 30, 1975, No. 111, p. 329, § 2; June 24, 1977, No. 101, p. 228, § 2; Dec. 13, 1977, No. 2, p. 602, § 2; July 26, 1979, No. 4, p. 924, § 2; June 22, 1981, No. 15, p. 103, § 2; July 9, 1982, No. 2, p. 191, § 1; Sept. 12, 1983, No. 5, p. 360, § 1; July 13, 1987, No. 2, p. 595, § 1; July 13, 1987; Aug. 17, 1990, No. 42, p. 170, § 1; Dec. 27, 1990, No. 53, p. 1623; Aug. 18, 2011, No. 191, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/704/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 704 - Conditions for receiving benefits
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 704 - Conditions for receiving benefits
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(a) Eligibility for benefits.—
(1) It shall be understood that an insured worker is eligible to receive and shall receive credit for waiting or benefit, a week, as the case may be, for any unemployment week with regard to which it has not been determined that the person is disqualified under subsection (b) of this section; provided, that with respect to such week, the worker also meets the following requirements in accordance with rules to be established by the Secretary to such effects:
(A) Has filed notice of his unemployment.
(B) Has registered for work with an office of the employment service.
(C) Has been registered for waiting-week credit or has filed a claim for benefits, as the case may be. No benefits shall be paid for a waiting week nor for any week of unemployment occurring within the benefit year prior to the completion of such waiting week.
(D) That he/she participates in the available reemployment services such as, job seeking assistance programs, if the claimant has been identified as likely to exhaust the regular benefits, with a need to receive reemployment services, pursuant to the criteria of a profile of characteristics established by the Secretary through regulations, unless the Secretary determines that:
(i) The claimant has received such services, or
(ii) there is a justified reason for the claimant’s non-participation in those services.
(E) Notwithstanding the foregoing provisions, an insured worker shall not be eligible to receive benefits for any week of unemployment with respect to which the Director determines that such individual has failed to provide evidence of being engaged in an active search for employment, as such term is defined in paragraph (F) of this clause, in which case the individual shall not receive benefits for the week in which such failure has occurred.
Provided, That if the worker fails to engage in an active search for being hospitalized due to a life threatening condition or for being called to jury duty, such worker shall be disqualified only for the period during which such situation lasts.
(F) For the purposes of the provisions of paragraph (E) of this clause, an individual shall be deemed to be actively seeking work during any week if:
(i) He/she has engaged in an active and diligent search for work during that week, and
(ii) he/she provides satisfactory evidence of the work seeking efforts made during that week, if such evidence is requested.
(2) Payment of benefits for services performed for government entities and nonprofit organizations.—
(A) The benefits based on employment, as defined in subparagraphs (ii) and (iii) of paragraph (B) and paragraph (F) of § 702(k)(1) of this title shall be payable in the same amount, under the same terms and subject to the same conditions as the compensation payable based on any other service covered by this chapter; except that no benefits shall be payable to an individual based on services in an educational, research or principal administrative capacity in an “educational institution”, as said term is defined in § 702(y)(1) of this title, for any week of unemployment beginning during the period between two (2) successive academic years or during a similar period between two (2) sessions, regardless of whether they are successive or not, or during a period of sabbatical leave with pay provided in the individual’s contract, if the individual has a contract or the reasonable assurance that he/she will render services in any such capacity for any educational institution for both academic years, or both sessions.
(B) No benefits shall be paid as of April 1, 1984, on the basis of services performed for an educational institution in any other capacity, for any week of unemployment beginning during the period between two (2) successive academic years or two (2) academic terms if the individual performed such services in the first of such academic years or terms, and there is a reasonable assurance that such individual shall perform, such services in the second of such academic years or terms. An otherwise eligible worker, disqualified under the provisions of this paragraph, shall be entitled to retroactive payments if he/she was not offered an opportunity to perform such services for the educational institution in the same capacity for the second academic year or term, provided he/she has filed a timely claim for benefits.
(C) Benefits based on services described in the paragraphs (A) and (B) of this clause shall not be payable for any week which begins during a vacation period or holiday recess if such individual performed services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such services shall be performed in the period immediately after such vacation or holiday recess.
(D) That he/she participates in the available reemployment services such as job seeking assistance programs if the claimant has been identified as likely to exhaust the regular benefits, with a need to receive re-employment services, pursuant to the criteria of a profile of characteristics established by the Secretary through regulations, unless the Secretary determines that:
(i) The claimant has received such services, or
(ii) there is a justified reason for the claimant’s non-participation in those services.
(b) Disqualifications.— An insured worker shall not be disqualified for waiting period credits or benefits for any week of unemployment unless, with respect to such week, the Director finds that:
(1) He was unable to work or was not available for suitable work for such week; or
(2) he left suitable work voluntarily without good cause, in which case he cannot receive benefits for the week in which he left work, and until he has rendered services in employment covered by this chapter, or by any law of any state of the United States during a period of not less than four (4) weeks, and has earned salaries equivalent to ten (10) times his weekly benefit; or
(3) he was discharged or suspended for misconduct connected with his work, in which case he shall not receive benefits for the week in which he was discharged or suspended, and until he has rendered services in covered employment under this chapter or under the laws of any state of the United States during a period of not less than four (4) weeks, and has earned wages equivalent to ten (10) times his weekly benefit; or
(4) he has failed, without good cause, either to apply for available, suitable, work to which he was referred by an employment office, or failed to accept suitable work offered to him, in which case he shall not receive benefits for the week in which such failure occurred and until he has rendered services in covered employment under this chapter or under the laws of any state of the United States during a period of not less than four (4) weeks, and has earned wages equivalent to ten (10) times his weekly benefit; or
(5) for the week in which he has received or is seeking unemployment benefits under any other employment security law, but if the appropriate agency finally determines that he is not entitled to benefits under such other law, this provision shall not apply; or
(6) for the week in which his unemployment was due to a stoppage of work then existing because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed, and for the purposes of this subsection, each separate department of the same premises which is commonly conducted as a separate business shall be deemed to be a separate factory, establishment, or other premises; Provided, That this provision shall not apply if the Director finds that:
(A) Said individual was not participating in or directly interested in the labor dispute which caused the stoppage of work, and
(B) he did not belong to the class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurred, any of whom were participating in or directly interested in the dispute.
The preceding provisions notwithstanding, no worker shall be disqualified from benefits if his unemployment is due to a lockout decreed by the employer as a result of a labor dispute.
(7) within the twenty-four (24) calendar months immediately preceding such week, he has, with an intent to defraud to obtain compensation not payable under this chapter, made a false statement or representation of a material fact knowing it to be false, or has knowingly concealed a material fact for the purpose of obtaining or increasing the benefits under this chapter, in which case he shall be disqualified for the week in which the Director makes a determination to this respect, and for the fifty-two (52) weeks immediately following such week; Provided, however, That no disqualification for this reason shall be imposed on a claimant against whom criminal procedures have been filed under § 714(a) of this title;
(8) with respect to said week, the worker receives or shall receive a government or any other type of pension under a plan maintained by, or to which the base-period employer has contributed:
(A) The weekly benefit payable to said worker shall be reduced by a sum directly proportional to the employer’s contribution to the pension plan. The determination of the proportion shall be based on information of such nature that sustains said determination.
(B) The amount of the pension, prorated each week, shall be deducted from the weekly benefit only if the service rendered or the remuneration paid for said service by the employer who hired the worker in his base period after the beginning of said base-period, affected the eligibility to the pension or increased the amount thereof.
(C) Paragraph (B) shall not apply if said pension is paid or shall be paid under the provisions of the Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions under the previous Act), or
(9) the weekly benefit amount he would receive by reason of his unemployment is equal to or lower than the amount received for payment of accrued vacation or sick leave prorated weekly. In those cases in which said weekly prorated payment is less than the weekly unemployment compensation benefit, he will be paid an amount equal to the difference between the prorated weekly payment and his weekly benefit payment, rounded to the next lowest dollar.
The method for prorating shall be established by the Secretary by regulations;
(10) notwithstanding the preceding provisions of this subsection, no claimant who meets the necessary eligibility requirements shall be disqualified from receiving unemployment compensation under this chapter because he is undergoing training or retraining with the approval of the Director or his representative, or because during the training or retraining period, he was not able to work or be available for suitable work, or he failed to apply for an offer of an available, suitable job which he had been referred to by an employment office, or failed to accept a suitable job offered to him.
(A) An adversely-affected worker as said term is defined in the Trade Act of 1974, as amended, shall not be disqualified to receive benefits under this chapter, or trade readjustment assistance benefits for leaving an unsuitable job to enter a training program approved by the Director. The provisions of this chapter or any federal act which provides unemployment compensation, with regard to availability for work, active search for work or refusal of suitable work shall not apply during the training period. For the purposes of this paragraph, in addition to the provisions of subsection (c) of this section, suitable work shall mean work of a substantially similar or higher skill level than that done by the worker in the adversely affected employment, in which the wage received for said work was not lower than eighty percent (80%) of his average weekly wage;
(11) compensation shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two (2) successive sport seasons or similar periods if such person performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in said season or similar periods;
(12) compensation shall not be paid on the basis of services performed by an alien unless said alien, at the time he performed such services, had been legally admitted to render such service, had been lawfully admitted as a permanent resident, or is permanently residing in the United States under any legal provision (including those admitted by virtue of §§ 203(a)(7) or 212(d)(5) of the Immigration and Naturalization Act). Provided, That any information required to determine whether compensation is not payable to a worker pursuant to the preceding clause shall be uniformly required from all applicants for compensation. Any determination regarding a worker’s ineligibility for compensation because of his alien status shall be based on a preponderance of evidence;
(13) the person claiming benefits has a child-support debt.
(A) Every individual who establishes a new unemployment compensation claim shall inform at the time of filing said claim, whether or not he has child-support debts, as said term is defined hereinafter. If the individual is eligible for unemployment compensation the Director shall notify the Agency in charge of the Child-Support Program of the determination issued.
(B) The Director shall withhold from the unemployment compensation payable to the person who has a child-support debt:
(i) The amount fixed by the individual in the cases in which subparagraph (ii) or (iii) is not applicable.
(ii) The amount, if any, determined by agreement submitted by the Agency in charge of the Child Support Program under § 454(20)(B)(i) of the Social Security Act, unless subparagraph (iii) of this paragraph is applicable.
(iii) The amount fixed by the court after a legal proceeding, as this is defined in § 462(e) of the Federal Social Security Act.
(C) Any amount withheld under paragraph (B) of this clause shall be sent by the Director to the Agency in charge of the Child Support Program.
(D) Any amount withheld under paragraph (B) of this clause shall be considered as unemployment insurance compensation received by the claimant and paid by him to the Agency in charge of the Child Support Program in payment of the debt incurred.
(E) The term “unemployment compensation” is defined for the purposes of paragraphs (A) to (D) of this clause as any compensation payable under this chapter, and including amounts payable by virtue of an agreement under any federal act which provides compensation, assistance or other payments with regard to a period of unemployment.
(F) The term “debt for child support” is defined for the purposes of this chapter as an obligation carried out under a plan described in § 454 of the Federal Social Security Act, approved by the Secretary of Health and Human Services under Part D of Title IV of the Federal Social Security Act.
(G) Agency in charge of the Child Support Program means any agency in Puerto Rico, or a political subdivision thereof, which operates in accordance with the provisions of paragraph (F) of this clause.
(H) The provisions included in this section shall be applicable only if there is a satisfactory agreement by which the Agency in charge of the Child Support Program pledges itself to reimburse the Director for the administrative expenses incurred because of the provisions contained in this subsection.
(14) No claimant shall be considered ineligible for having resigned from employment due to family situations that make access or general attendance to the workplace extremely onerous or impractical for the following reasons:
(A) Need to change or relocate his/her domicile due to an employment transfer or new employment of the spouse.
(B) Situations or incidents involving domestic violence in which access or regular attendance to work could constitute a risk to his/her own safety or that of members of the family unit. Provided, that immediate family shall refer to the spouse, parents, or underage children.
The following shall constitute sufficient evidence of domestic violence, without it being construed as a limitation:
(i) A restraining order issued by the court.
(ii) A police report of the incident of domestic violence.
(iii) A report or certification from a bona fide organization that offers support services to victims of domestic violence.
(iv) A statement from a support professional, such as a counselor, shelter official, lawyer, religious representative, or health professional.
The information contained in the aforementioned documents shall be confidential and, therefore, shall not be disclosed unless the claimant provides a written consent. The Secretary of Labor shall implement a training program regarding the management of unemployment claims related to domestic violence in collaboration and coordination with the Women’s Advocate Office. Said program shall be aimed at training managerial and other staff who aid victims of domestic violence. This Program shall be implemented sixty (60) days after the approval of this act.
(C) Situations or incidents in which the claimant is a victim or witness to a crime and, thus, access or regular attendance to the workplace constitutes a risk to the claimant’s physical safety that requires a change or relocation of domicile.
(D) Verifiable illness or disability of a member of the immediate family unit that requires the claimant to care for and accompany said family member for a period of time that exceeds what the employer may grant under any type of leave. Provided, that immediate family shall be the spouse, parents, or underage children.
In the event of a termination related to or motivated by any of the aforesaid reasons in which the Secretary of Labor determines that the same was connected to the compelling family reasons herein established, he/she shall declare the claimant eligible for benefits.
(c) Suitable work.—
(1) Notwithstanding any other provision of this chapter to the contrary, no work shall be deemed suitable, and benefits shall not be denied under any provision of this chapter, to any individual otherwise eligible, for his refusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(B) if the wages, work hours, or other working conditions offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(C) if, as a condition of being employed, it is required that the individual join a union or resign or refrain from joining a bona fide labor organization.
(2) In determining whether any work is suitable for a claimant and in determining the existence of good cause for leaving or refusing any work, the Director shall, in addition to determining the existence of any of the conditions specified in § 704(c)(1) of this title, consider the degree of risk to the claimant’s health, safety, and morals, his physical fitness for the work, his prior earnings, the duration of his unemployment, his prospects for obtaining work at his highest skill, the distance of the available work from his residence, his prospects for obtaining local work, and such other factors as might influence a reasonably prudent person in the claimant’s circumstances.
(d) Part-time employment.— Notwithstanding any other provision of this chapter, eligibility for benefits shall be extended to any claimant who is available to carry out or accept placement only in part-time employment, subject to the following provisions:
(1) If most of the work weeks in the claimant’s base period include part-time work, he/she shall not be denied unemployment benefits under the provisions of this chapter regarding availability for employment, active employment search, or failure to accept employment, solely because the individual is looking only for part-time work.
(2) For purposes of this subsection, “available for part-time work” shall mean available to work at least twenty (20) hours per week, unless the work shift that establishes eligibility in the base period or at the time of termination were shorter.
(3) Nothing in this subsection shall be construed to prevent a person who has been employed part-time to apply for or accept placement or participate in training programs for full-time employment.
History —June 21, 1956, No. 74, p. 328, § 4; Dec. 22, 1960, No. 1, p. 1, § 6; June 8, 1962, No. 27, p. 54, § 3; June 24, 1971, No. 85, p. 257, § 3; June 15, 1972, No. 16, p. 374, § 3; Aug. 9, 1974, No. 21, Part 2, p. 646, § 2; June 30, 1975, No. 111, p. 329, § 3; June 23, 1976, No. 15, p. 721, § 2; June 24, 1977, No. 101, p. 228, § 3; July 26, 1979, No. 4, p. 924, § 3; June 22, 1981, No. 15, p. 103, § 3; May 21, 1982, No. 18, p. 35, § 2; July 9, 1982, No. 2, p. 191, § 2; Sept. 12, 1983, No. 5, p. 360, § 2; July 2, 1985, No. 53, p. 190, § 2; July 11, 1988, No. 71, p. 320; July 15, 1988, No. 102, p. 424, § 2; Jan. 20, 1995, No. 17, § 1; Dec. 16, 2010, No. 200, § 1; Aug. 18, 2011, No. 191, § 3; Oct. 18, 2013, No. 120, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/705/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 705 - Determination, notice, and payments of benefits
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 705 - Determination, notice, and payments of benefits
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(a) Benefit payment.— Benefits shall be paid through public employment offices in accordance with regulations prescribed by the Secretary.
(b) Information to workers on benefit rights.— The Secretary shall furnish to each employer and to the workers, without cost, literature concerning the regulations applicable to the establishment of benefits and other factors relating to the administration of this chapter. Each employer shall post and keep such literature in places readily accessible to his workers and shall furnish them copies thereof.
(c) Notice by employing unit.— An employing unit having knowledge of any facts which may effect an individual’s right to waiting-week credit or benefits shall notify the Director of such facts promptly, in accordance with regulations prescribed for the purpose by the Secretary.
(d) Determinations.—
(1) Any individual may file a request for a determination of his insured status in accordance with regulations prescribed by the Secretary. Upon such request, or, if no request has been made with respect to a current benefit year, upon the filing of a notice of unemployment, the Director shall promptly determine such individual’s insured status. A determination that an individual is an insured worker shall remain in effect throughout the benefit year for which it is made, unless modified in accordance with subsections (f) and (g) of this section.
(2) When an insured worker files a notice of unemployment, the Director shall determine promptly whether such worker is disqualified under any of the provisions of § 704(b) of this title except clause (1) by reason of any facts which existed on the date such notice was filed.
(3) Thereafter.—
(A) Whenever it is necessary to determine a claimant’s right to waiting-week credit or benefits, the Director shall determine promptly whether the claimant is disqualified under the applicable paragraphs of § 704(b) of this title except clauses (1) and (5), for each week of the period of continuous unemployment immediately following the filing of a notice of unemployment with respect to which he has not previously certified for waiting-week credit or filed a claim for benefits, and
(B) when a claimant certifies for waiting-week credit or files a claim for benefits for any such week of unemployment, the Director shall determine promptly whether such claimant has complied with the conditions of § 704(a) of this title and whether he is disqualified for such week under clauses (1) and (5) of § 704(b) of this title.
(4)
(A) Whenever a determination whether a claimant is disqualified involves the application of § 704(b)(6) of this title or (B) a determination involves multiple claimants and presents difficult issues of law of fact; the Director may refer the case to a referee for hearing and decision in accordance with § 706 of this title.
(e) Written notice of determination.—
(1) Written notice of a determination of insured status shall be furnished to the claimant promptly. Such notice shall include a statement as to whether the claimant is an insured worker, the amount of wages for insured work paid to him by each employer during his base period, and the employers by whom such wages were paid. For an insured worker, the notice shall include also his benefit year, his weekly-benefit amount, and the maximum amount of benefits that may be paid to him for his unemployment during such year. For a worker who is not insured, the notice shall include the reason for such determination.
(2) If the Director determines, pursuant to § 704 of this title, that a claimant is not eligible to receive waiting-week credit or benefits for any week or weeks, he shall promptly furnish to such claimant written notice of such determination, together with a statement of the reasons therefor and of the period covered by such determination. Written notice of such determination shall be given to the claimant only once with respect to the period covered by the determination except that if the Director determines for successive weeks of a claimant’s unemployment that such claimant is disqualified under the provisions of clause (1) or (6) of § 704(b) of this title by reason of the same facts, written notice of such determination with respect to the first of such weeks shall be furnished to the claimant promptly. And thereafter, written notice of such determinations with respect to any subsequent week or weeks shall be furnished to the claimant promptly upon his request, or in the absence of such request, shall be furnished promptly with respect to each period of not more than four (4) weeks.
(3) The last employing unit which employed a claimant shall be entitled to receive written notice of a determination made under § 704(b) of this title only if it has furnished information to the Director in accordance with subsection (c) of this section prior to such determination; and such employing unit shall be given promptly written notice of any determination made pursuant to § 704(b) of this title which is based in whole or in part on the information furnished, together with the reasons therefor, or, if it is determined that the individual concerned is not an insured worker, written notice to that effect.
(4) Written notice of any determination to which any party is entitled shall be given promptly by delivery thereof or by mailing to his last known address. Such notice shall include a clear statement of the appeal rights of the parties.
(f) Finality of determination.— A determination shall be deemed final unless a party entitled to notice thereof applies for its reconsideration, or appeals therefrom within fifteen (15) days after the notice was mailed or otherwise delivered to his last known address; Provided, That such period may be extended for good cause. For the purposes of subsection (g) of this section, a benefit payment shall be deemed to be a determination, and notice shall be given to the claimant that he is eligible to receive payment for the period covered thereby.
(g) Reconsideration of determination.—
(1) The Director may, in his discretion, reconsider any determination, upon petition by any party entitled to notice thereof, filed within the period authorized by subsection (f) of this section, or motu proprio, within fifteen (15) days after the date of said determination; Provided, That subject to the same limitations, a decision in a case referred to a referee for determination under the provisions of subsection (d)(4) of this section, or in case appealed to the referee, may be reconsidered upon a request by the Director, by the referee who rendered such decision, or, if the latter is not available, by a referee designated for such purposes by the Director, after giving all the parties an opportunity to be heard.
(2) At any time within one (1) year from the date of a determination of insured status, the Director may motu proprio reconsider such determination if he finds that an error in computation or identity has occurred in connection therewith or that there are additional wages pertinent to the claimant’s insured status which shall be taken into consideration or if such determination of insured status was made as a result of a nondisclosure or misrepresentation of a material fact.
(3) The Director may motu proprio reconsider a determination at any time within two (2) years from the end of any week with respect to which benefits or waiting-week credit have been allowed or denied if he finds that such benefits or waiting-week credit were allowed or denied as result of a nondisclosure or misrepresentation of a material fact. The Director may also reconsider a determination under §§ 716a and 716b of this title if he finds additional evidence which merits a reconsideration.
(4) In any case in which the Director is authorized by other provisions of this subsection to reconsider any determination but the final decision in the case has been rendered by a referee or by the Secretary, the Director may request the one of them who rendered such final decision to issue a revision decision. If the final decision in the case has been rendered by a court, the Secretary may, upon recommendation of the Director, ask such court to issue a revised decision.
(5) Written notice of any redetermination shall be given promptly in like manner and to the same parties as provided in subsection (e) of this section.
(6) A redetermination shall be deemed final unless the party entitled to notice thereof files an appeal within fifteen (15) days after notice was mailed or otherwise delivered to him to his last known address; Provided, That such period may be extended for good cause.
(h) Prompt payment of claims.—
(1) Notwithstanding the provisions of this section or § 706 of this title, the benefits shall be paid promptly in accordance with a determination or redetermination made under this section, or of a decision of a referee, of the Secretary, or of a competent court under § 706, after the rendering of such determination, redetermination or decision (independent of the pendency of the term to request reconsideration, file an appeal or petition for judicial review as provided with respect thereto in subsections (f) and (g) of this section and subsection (e) or (i) of § 706, as the case may be, or the pendency of any request, filing or petition), unless and until such determination, redetermination or decision has been modified or reversed through a subsequent redetermination or decision, in which case the benefits shall be paid or denied for weeks of unemployment henceforth in accordance with said modification or reversal.
(2) If a determination or redetermination allowing benefits is affirmed in any amount by a referee or by the Secretary, or if a decision of a referee allowing benefits is affirmed in any amount by the Secretary, such benefits shall be paid promptly regardless of any further appeal or the disposition of such appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued by the Secretary or any court, but if such decision is finally modified or reversed denying benefits, the modification or reversal shall apply to any weeks of unemployment involved in said modification or reversal beginning after said final decision.
(i) Payment of benefits due deceased or mentally incompetent insured workers.— Benefits due and payable to a deceased or judicially declared incompetent person shall be paid, in accordance with such regulations as the Secretary shall prescribe, to the person or persons who the Secretary finds was or were directly dependent on the beneficiary worker. Such regulations need not conform to the status applicable to the descent and distribution of decedents’ estates. A receipt from the person or persons to whom payment is made shall fully discharge the fund, the Director and the Secretary from liability for such benefits.
(j) Reemployment and recoupment.—
(1) Any person who makes, or causes another person to make a statement or representation of a material fact knowing it to be false, or knowingly fails to disclose, or causes another person to fail to disclose a material fact and, as a result thereof, has received any amount as benefits under this chapter to which he/she is not entitled, shall be liable, within five (5) years following the Secretary’s determination, to repay such amount to the Secretary, to be covered into the Fund, or such amount shall be deducted from any future benefits payable to him/her under this chapter.
(A) The deduction from future benefits payable to the claimant for the reasons specified in clause (1) of this subsection shall be one hundred percent (100%) of the weekly benefit to which he/she may be eligible for in any particular week, as of the date on which an erroneous payment is determined.
(B) The benefit payment received by an individual who was not eligible therefor due to the reasons specified in clause (1) of this subsection shall also include a penalty equal to fifteen percent (15%) of the amount of the erroneous benefit payment received. Such individual shall be required to repay said amount to the Secretary, through the payment methods established by the Department of Labor and Human Resources, or by money order or check payable to the Secretary of the Treasury, within the term specified in clause (1) of this subsection, or through a fair and reasonable payment plan subject to the conditions prescribed by the Secretary through regulations or administrative order for such purposes.
(C) For the purposes of the penalty specified in paragraph (B) above, it shall only apply to erroneous payments established after October 21, 2013.
(D) The amounts recovered on account of the penalty specified in paragraph (B) above, shall be immediately deposited in the Unemployment Fund established in § 710 of this title, solely for the payment of benefits.
(E) The Secretary, through regulations, memorandum of understanding, and administrative orders, may provide other recovery methods deemed necessary to safeguard the solvency of the Fund.
(2) If a claimant receives benefits for a period during which he was not eligible therefor, for any reason other than those specified in clause (1) of this subsection, such improperly paid benefits shall be recovered without interest, within the term of five (5) years from the date on which said determination became final and binding through:
(A) The deduction from future benefits payable to the claimant from the date on which the overpayment was determined. Provided, That said deduction shall not exceed fifty percent (50%) of the weekly benefit to which he may be eligible in a particular week, or
(B) the establishment of a fair and reasonable payment plan subject to the conditions prescribed for such purposes by the Secretary through regulations or an administrative order, or
(C) other recovery methods that the Secretary, through regulations, memorandum of understanding, and administrative orders, deems necessary to safeguard the solvency of the Fund.
(3) No redetermination or decision shall be interpreted in the sense of authorizing the deduction of said amount from future benefits payable to the claimant, unless the written notice of said redetermination or decision clearly indicates it. The written notice shall indicate the source of the overpayment, the amount overpaid, and the week or weeks in which said benefits were received.
(4) Every written determination, redetermination, or decision specifying that the claimant is required to repay any overpayment of benefits shall state the specific facts that led to such overpayment and the week or weeks with respect to which the benefits were paid. If such determination, redetermination, or decision is based on the provisions of clause (1) of this subsection, it shall also include the nature of the concealment or misrepresentation of facts and a breakdown of the amount assessed as a penalty.
(5) In any case in which a claimant is obligated under this subsection to refund any amount to the Secretary to be covered into the fund, said amount shall be collected without interest, through a civil action filed in the name of the Secretary.
(k) Waiver of rights void.— Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual performing service for an employer to pay all or any portion of any contribution required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ, or discriminate in regard to the hiring or tenure of work or any terms or conditions of work of any individual on account of his claiming benefits under this chapter, or in any manner obstruct or impede the claiming of benefits hereunder.
(l) Assignment of benefits.— Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, order for the payment of attorney fees, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts, except debts incurred for necessities furnished to such individual or his spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided for in this subsection shall be void.
(m) Income tax deduction.—
(1) Every person who files a claim to receive unemployment benefits shall be informed of the following, when filing his/her claim:
(A) Unemployment compensation under federal programs is subject to the payment of federal income taxes;
(B) the claimant of benefits may choose to have the federal tax deducted and withheld, as specified in the Federal Internal Revenue Code, as well as any other applicable state tax on said income, and
(C) the claimant, may change the previously selected withholding status according to his/her circumstances.
(2) The sums withheld for the payment of taxes shall remain the Unemployment Trust Fund until transferred to the Department of the Treasury or the Federal Internal Revenue Services as the income tax payment of the person receiving the benefits.
(3) The Secretary shall follow the procedures established by the Federal Department of Labor and the Federal Internal Revenue Service and shall establish, through regulations, the priorities for the deductions and withholdings that may apply pursuant to the provisions of § 704 of this title.
History —June 21, 1956, No. 74, p. 328, § 5; June 6, 1967, No. 102, p. 330, § 11; June 24, 1971, No. 85, p. 257, § 4; June 15, 1972, No. 16, p. 374, § 4; Aug. 9, 1974, No. 21, Part 2, p. 646, § 3; June 30, 1975, No. 111, p. 329, § 4; July 26, 1979, No. 4, p. 924, § 4; June 22, 1981, No. 15, p. 103, § 4; July 9, 1985, No. 95, p. 300, § 2; July 15, 1988, No. 102, p. 424, § 3; Aug. 10, 1997, No. 62, § 1; Oct. 18, 2013, No. 120, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/706/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 706 - Appeals
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 706 - Appeals
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(a) Referees.— The Secretary shall appoint one or more referees in accordance with § 713(d) of this title, to hear and decide appeals from determinations and redeterminations made pursuant to subsections (d) and (g) of § 705 of this title. In the fulfillment of his functions said referee shall be responsible directly to the Secretary.
(b) Review by referees.— Any party entitled to notice of determination as provided in § 705(e) of this title may file an appeal from the determination to a referee within the time specified in subsections (f) and (g)(6) of § 705 of this title. However, any appeal from a determination by the Director or a referee which involves the provisions of § 704(b)(6) of this title shall be made to the Secretary. The parties to an appeal from a determination shall include all persons entitled to notice of the determination and the Director. Whenever an appeal involves a question as to whether service constitutes insured work, the referee shall give notice of the appeal and the issue involved to the employing unit for which such service was performed; and the employing unit, if not already a party, shall then become a party to the appeal. If an appeal from a determination is pending as of the date a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. Appeals may be withdrawn at the request of the appellant and with the permission of the referee if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal.
(c) Hearing procedure and record.— A reasonable opportunity for a fair hearing shall be promptly afforded all parties. The referee shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to the statutory rules of evidence. The referee shall include in the record and consider as evidence all records of the Bureau of Employment Security that are relevant to the issue. The Secretary shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to § 713(i) of this title shall be allowed fees at a rate fixed by the Secretary; and the fees of witnesses subpoenaed at the behest of the Secretary or any claimant shall be deemed part of the expense of administering this chapter. Neither the Secretary nor the Director nor any referee shall participate in any appeal in which he has a direct or indirect interest; Provided, That an alternate shall be appointed by the Governor to act in place of the Secretary in any case in which the Secretary is not able to participate because of such interest, and the decision of such alternate shall be deemed to be the decision of the Secretary.
(d) Consolidated appeals.— When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all such cases may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided no party is prejudiced thereby.
(e) Notice of referee’s decision and time allowed to appeal.— Once a hearing has been held, a referee shall make his findings and conclusions promptly, and on the basis thereof shall affirm, modify or reverse the Director’s determination or redetermination. Each party shall be promptly furnished with a copy of the decision and the supporting findings and conclusions, and this decision shall be final unless further review is initiated pursuant to subsection (f) of this section within fifteen (15) days after the decision has been mailed or otherwise delivered to each party’s last known address; Provided, That such period may be extended for good cause.
(f) Review by Secretary.— As a matter of law, an appeal by any party before the Secretary is considered if the referee’s decision reversed or modified the Director’s determination, or if any matter based on clause (6) or (7) of § 704(b) of this title is presented. In all other cases further appeals shall be permitted only at the Secretary’s discretion. The Secretary may, motu proprio, proceed to the review of a referee’s decision or determination within fifteen (15) days from the date of the decision. The Secretary may affirm, modify or reverse the findings or conclusions of the referee solely on the basis of evidence previously submitted, or on the basis of such evidence that the Secretary may direct to be taken.
The Secretary may delegate the authority to review the referee’s decisions on one or more officials of the Department, who shall be designated as administrative judges. The administrative judge’s decision shall be deemed to be the Secretary’s decision.
(g) Labor disputes; determinations and appeals.— Where a case involving the provision of § 704(b)(6) of this title has been referred to a referee for determination, his determination shall then be appealable, as of right, to the Secretary within the same period as that provided for appealing a determination made by the Director. The Secretary shall afford all parties a fair hearing as required by this section with respect to proceedings before a referee. The determination of the Secretary may be reviewed by the Court of First Instance as provided in § 706(i) of this title.
(h) Remand to the Secretary.— The Secretary may direct the transfer to himself or the remand to another referee of any appeal pending before a referee. The parties to any appeal so remanded before a fair hearing has been completed shall be given a fair hearing as required by this section with respect to proceedings before a referee.
(i) Notice of Secretary’s decision and judicial review.—
(1) Each party, including the Director, shall be promptly furnished a copy of the Secretary’s decision and of the supporting findings and conclusions on which the same is based. Said decision shall be final unless any of the parties initiates its reconsideration or judicial review by filing a petition to such effects before the Secretary or in the Court of First Instance Part of the jurisdiction in which the claimant resides, within thirty (30) days from the date of the copy of the Secretary’s decision is mailed to the claimant to his last known address, or by any other means. Petitions for reconsideration shall be governed, with regard to their terms and other aspects, by the provisions of § 2165 of Title 3, part of the Commonwealth of Puerto Rico Uniform Administrative Procedures Act. For the effects of the judicial review, the referee’s decision from which the Secretary has denied a request for appeal, shall be deemed as a decision of the Secretary, except that the term to commence the judicial review shall begin to count from the mailing or remitting by any other means, of the notice of the Secretary’s denial of the request for appeal. The petition for review shall state the grounds on which it is based, but it shall not have to be sworn. An appeal from the Court of First Instance’s decision may be established before the Supreme Court by any party to the proceedings before said Court of First Instance in the same way that it is provided by the laws of the Commonwealth with regard to appeals from the Court of First Instance. It shall not be necessary to take exception of the decisions of the Secretary or his authorized representative to obtain a judicial review, nor shall a bond have to be given as a condition to initiate a process for the judicial review of a determination of entitlement to benefits, or to file an appeal from the decision of the court after said review.
(2) The Secretary and all parties to the proceedings before him shall be parties to the judicial review proceedings. If the Secretary is a party respondent, the petition shall be served by leaving with him, or any representative whom he designates for that purpose, as many copies of the petition as there are respondents. The Secretary shall file with the court certified copies of the record of the case together with his petition for review or his answer to the appellant’s petition. Upon the filing of the petition for review by the Secretary, or upon service of a petition upon him, the Secretary shall send a copy of the petition by certified mail to each party and such mailing shall constitute service upon the parties.
(3) The jurisdiction of the judicial courts shall be confined to questions of law and, in the absence of fraud, the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Any further evidence required by the court shall be presented before the Secretary or before a referee designated by him; and the Secretary, after such additional evidence has been received, shall file in the court such additional or modified findings of fact or conclusions as may be made, together with the transcript of additional record. All proceedings under this section shall be held summarily and given precedence over all other civil cases.
(j) Conclusiveness of final determinations and decisions.— Except insofar as there is a redetermination under § 705(g) of this title, all final determinations and decisions shall be conclusive upon the employing units notified thereof, as well as on the Secretary and the claimant. No final determination or decision as to benefit rights shall be subject to collateral attack by an employing unit regardless of notice. The Secretary, the Director, or the referee shall reopen a determination or decision or revoke permission for withdrawal of an appeal if:
(1) He finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal, and
(2) the defrauded or coerced person informs the appropriate officer or body of the fraud or coercion within sixty (60) days after he has become aware of the fraud or within sixty (60) days after the coercion has been removed.
(k) Rules of decision and certification to the Secretary.— Final decisions of the Secretary and the principles of law declared in their support shall be binding in all subsequent proceedings involving similar questions unless expressly or impliedly overruled by a later decision of the Secretary or of a court of competent jurisdiction. Final decisions of a referee and the principles of law declared in their support shall be binding on the Director, and shall further be persuasive authority in subsequent proceedings before referees. If in any subsequent proceeding the Director or a referee has serious doubt as to the lawfulness of any principles previously declared by a referee or the Secretary, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact and the issues of law involved in such case may be certified to the Secretary. After giving notice and reasonable opportunity for hearing upon the issues of law to all parties to the proceedings, the Secretary shall certify to the Director or the referee and to the parties his answer to the question submitted; or the Secretary may in his discretion remove to himself the entire proceedings as provided in subsection (h) of this section and render his decision upon the entire case.
(l) Limitation of fees.— No claimant shall be charged fees or costs of any kind by the Director, a referee, the Secretary or any judicial court except that a court may assess costs against such claimant if it determines that the proceedings for judicial review have been instituted or continued without reasonable grounds.
(m) Representation of claimant.— Any claimant in any proceeding before a referee, the Secretary, or his duly authorized representative, may be represented by counsel. Said counsel shall not charge or receive any fee for such services greater than that approved by the Secretary.
(n) Counsel fees for claimants on appeals between courts, referees, and the Secretary.— The counsel for a claimant on appeal shall be entitled to payment of fees as well as of costs incurred. Such counsel fees, costs, and any other disbursements shall be paid by the Secretary out of the Employment Security Administration Fund, in each of the following cases:
(1) Any appeal from an administrative or judicial decision which was favorable in whole or in part to the claimant;
(2) any appeal by a claimant from a decision which reverses in whole or in part a decision in his favor, or
(3) any appeal as a result of which the claimant is awarded benefits.
History —June 21, 1956, No. 74, p. 328, § 6; June 30, 1959, No. 104, p. 296, § 3; Dec. 22, 1960, No. 1, p. 1, § 7; June 15, 1972, No. 16, p. 374, § 5; July 9, 1985, No. 95, p. 300, § 3; Aug. 17, 1990, No. 42, p. 170, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/707/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 707 - Determinations on employment units
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 707 - Determinations on employment units
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(a) Determinations and reconsiderations.—
(1) The Director shall, on the basis of his findings of fact, either motu proprio or on request of any employment unit or of one or more of the employees thereof, determine whether the employing unit is an employer and whether service performed for it constitutes employment. The determination shall be made within five (5) years after occurrence of the facts originating it.
(2) Within one year after he has made a determination under clause (1) of this subsection, the Director may, motu proprio, reconsider his determination in the light of further evidence, and make a redetermination.
(3) A notice of the Director’s determination made under clause (1) or (2) of this subsection, which shall include a statement of the supporting facts found by the Director, shall be mailed or otherwise delivered to the last known address of the corresponding employing unit and of the applicant employee or employees.
(4) Within fifteen (15) days after a notice of a determination made under clause (1) or (2) of this subsection was mailed or otherwise delivered to the last known address of an employing unit and of the applicant employee or employees, the employing unit or any of the employees thereof may apply to the Director to reconsider his determination in the light of additional evidence and to issue a redetermination. The Director shall, if the request is granted, mail or otherwise deliver to the last known address of the corresponding employing unit or of the applicant employee or employees a notice of the redetermination, which shall include a statement of the supporting facts found by the Director; if the request is denied, he shall furnish a notice of the denial of the application.
(5) Within fifteen (15) days after a notice of a determination made under clause (1), (2) or (4) of this subsection or a denial of the petition under clause (4) of this subsection was mailed or otherwise delivered to the employing unit and to the petitioning employee or employees, said employing unit or applicant employee or employees may appeal from the determination to the Secretary. The Secretary shall afford the parties a reasonable opportunity for a fair hearing as provided in § 706 of this title, in the case of hearings before referees. The Secretary’s decision shall be final, unless thirty (30) days after the decision was mailed or otherwise delivered to the last known address of a party, that party initiates judicial review proceedings in accordance with § 706(i) of this title. When the appellant is the employing unit, the court may require it to file a bond to guarantee the payment of any taxes and interest that such court may finally determine are due by the appellant.
(b) Conclusiveness of determination.— A determination of the status of an employing unit by the Director under subsection (a) of this section, in the absence of appeal therefrom, and a final determination of the Secretary upon an appeal, together with the record of the proceeding, shall be admissible in any subsequent proceeding under this chapter. If supported by substantial evidence and in the absence of fraud, the determination shall be conclusive, except as to errors of law, upon any employing unit which was a party to such proceeding.
(c) Period of coverage.— Any employing unit which is or becomes an employer, subject to this chapter, shall be deemed an employer from the date on which he employs one or more persons, except that unit which becomes an employer under § 702(k)(1)(H) of this title, who shall be considered an employer for the whole year. The provisions of this subsection shall not apply to what is provided in subsection (e) of this section.
(d) Termination of coverage.— Except as otherwise provided in subsection (e) of this section, an employing unit shall cease to be an employer subject to this chapter, as of the first day of the calendar quarter following the quarter during which it did not have employees only:
(1) If a written request is presented to the Director for the termination of the period covered by the statute, or
(2) if the Director has arrived at this decision motu proprio.
Provided, That the employment unit which becomes an employer under § 702(k)(1)(H) of this title shall cease to be an employer covered by this chapter from the first day of any calendar year if:
(1) During the preceding calendar year it did not pay wages in cash of one thousand dollars ($1,000) or more in any quarter, and
(2) if no later than March 15 of said year it presented to the Director a written request to terminate the applicability period of this chapter.
(e) Elective coverage of excluded service.—
(1) Any service performed for an employing unit, which is excluded under the definition of employment in § 702(k)(6) of this title and with respect to which no payments are required under the Employment Security Act of another state or of the federal government may be deemed to constitute employment for all purposes of this chapter, provided the Director has approved a written election to that effect filed by the employing unit for which the service is performed, as of the date stated in such approval. No election shall be approved by the Director unless it (A) includes all the service of the type specified in each establishment or place of business for which the election is made, and (B) is made for not less than two (2) calendar years.
(2) Any service which because of an election by an employing unit under subsection (e)(1) of this section is employment under this chapter shall cease to be employment under this chapter as of January 1 of any calendar year subsequent to the two (2) calendar years of the election, only if not later than March 15 of such year, either such employing unit has filed with the Director a written notice to that effect, or the Director has motu proprio given notice of termination of such coverage.
History —June 21, 1956, No. 74, p. 328, § 7; Dec. 22, 1960, No. 1, p. 1, § 8; June 24, 1971, No. 85, p. 257, § 5; June 15, 1972, No. 16, p. 374, § 6; July 26, 1979, No. 4, p. 924, § 5; June 22, 1981, No. 15, p. 103, § 5; May 21, 1982, No. 18, p. 35, § 3; July 9, 1985, No. 95, p. 300, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/708/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 708 - Taxes
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 708 - Taxes
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(a) Definitions.— Unless otherwise deduced from the context, the terms expressed hereinbelow shall have the following meanings for purposes of this section:
(1) Experience system.— Means the method whereby the tax rate to be paid by each employer shall be computed based on his/her individual experience with regard to unemployment, taxes, and wages paid.
(2) Year of experience.— Means the twelve (12)-month period immediately preceding the computation date.
(3) Computation date.— Means June 30 of each year, except for the first year of effectiveness of this act, which shall be December 31, 1991.
(4) Taxable wages.— Means the total taxable wages paid by an employer during the year of experience that ends on the computation date.
(5) Applicable benefits.— Means the total benefits paid to a claimant charged to an employer’s account during the year of experience.
(6) Nonapplicable benefits.— Means the total benefits paid to a claimant not charged to the employer’s account during the year of experience.
(7) Tax rate.— Means the tax rate fixed on the basis of experience. The effective date of the rates shall be January 1, of the year following the computation date.
(8) Adjustment factor.— Means the product of the division of the total wages for covered employment on any calendar year that ends December 31, by the total wages for covered employment on the calendar year that ended December 31, 1990.
(9) Employer.— Shall have the meaning stated in this chapter.
(10) Business.— Means a business or part thereof.
(11) Taxes.— Shall have the meaning given to such term by Section 3306(g) of the Internal Revenue Code of 1986.
(12) Knowingly.— Means to have actual knowledge of or to act with deliberate ignorance of or crass disregard for the imposed prohibition.
(13) Violate or attempt to violate.— For purposes of this section, includes without it being limited to an attempt to evade, misrepresent, or wrongfully or deliberately fail to reveal facts.
(14) Person.— Shall have the meaning given to such term in Section 7701(a)(1) of the Internal Revenue Code of 1986. In addition the term “person” includes tax return preparer.
(15) Tax return preparer.— For purposes of this section, is a person who prepares any tax return for profit, or who employs one or more persons who prepare any tax return imposed by this chapter for profit, or any refund claim for taxes imposed by this chapter. For purposes of this definition, filling out a significant part of the tax return or refund claim shall be considered as preparation of the refund or refund claim.
(b) Payment of taxes.— Taxes with regard to wages for employment shall accrue and shall be paid by each employer with regard to each calendar year in which he/she is subject to the provisions of this chapter. Said taxes shall be due and payable by each employer to the Secretary of the Treasury for the Fund according to the regulations adopted by the Secretary, and they shall not be deducted, neither in whole nor in part, from the wages of the persons employed by said employer.
(1) Commencing January 1, 1979 and until December 31, 1984, each employer shall pay taxes equal to two point ninety-five percent (2.95%) of the wages paid by him during each calendar year with respect to services specified in paragraphs (A)—(H) of § 702(k)(1) of this title, which shall be covered into the Unemployment Fund established by § 710 of this title.
(2) On and after January 1, 1985, each employer shall pay taxes equal to five point four percent (5.4%) of the first seven thousand dollars ($7,000) in wages paid by him to each employee during each calendar year with respect to services specified in paragraphs (A), (C), (D), (F)—(H) of § 702(k)(1) of this title which shall be covered into the Unemployment Fund established by § 710 of this title.
(3) On and after January 1, 1985, each employer shall pay contributions equal to two point ninety-five percent (2.95%) of the first seven thousand dollars ($7,000) in wages paid by him to each employee during each academic year with respect to services specified in § 702(k)(1)(E) of this title, which shall be covered into the Unemployment Fund established by § 710 of this title. Provided, That any employer who pays wages for services specified in § 702(k)(1)(E) of this title, who is covered by the Federal Unemployment Tax Act, shall also pay two point forty-five percent (2.45%) of the first seven thousand dollars ($7,000) in wages paid by him to each employee during each calendar year.
(4) On and after January 1, 1988, each employer shall pay taxes equivalent to one point five percent (1.5%) of the first seven thousand dollars ($7,000) in wages paid by him to each worker during each calendar year on account of services specified in § 702(k)(1)(B) of this title which must be paid into the Unemployment Fund established by § 710 of this title.
(5) On and after January 1, 1992, each employer shall pay taxes based on the experience system as provided in subsection (f) of this section, on the first seven thousand dollars ($7,000) in wages paid by him/her to each employee during each taxable year. Said taxes shall be covered into the Unemployment Fund established by § 710 of this title.
(c) Penalties and surcharges.—
(1) Penalty for failure to render reports to determine the contribution.— Any employer who fails to render a report or statement to determine the contribution, within the term prescribed by the Secretary pursuant to this chapter shall be bound to pay in addition to the contribution imposed, and as a part thereof, a penalty equal to five percent (5%) of the contribution due per calendar month or fraction thereof in which said omission exists, up to a maximum of twenty-five percent (25%), unless it is shown that the omission was due to circumstances beyond the employer’s control. These circumstances shall be determined by the Secretary by regulations within sixty (60) days following the date this act takes effect. The regulations established for this paragraph shall also apply to clause (2) of this subsection and § 709(a) of this title.
(2) Surcharge for not paying the contribution on time.— Any employer who fails to pay the determined contribution within sixty (60) days following the date on which payment of the same should have been made shall be bound to pay, in addition to the interest and penalties imposed by this chapter, a surcharge of five percent (5%) of the amount of contributions in arrears. At the Secretary’s discretion, he may be exempted from this surcharge, after it is shown that the contributions were not paid on time due to circumstances beyond the employer’s control.
Provided, That the penalty and surcharge imposed by this subsection shall be collected as part of the contribution at the same time and in the same manner as the latter, unless the contribution has been paid prior to the discovery of the omission, in which case the amount so added shall be collected in the same manner as the contribution.
(d) Financing of benefits paid to employees in nonprofit organizations.— Benefits paid to employees of nonprofit organizations shall be financed pursuant to the provisions of this subsection. For the purposes of this subsection, a nonprofit organization is an organization or group of organizations as described in § 702(k)(1)(F) of this title.
(1) Obligation to pay taxes and option for payment of reimbursement in lieu of taxes.— Any nonprofit organization which, pursuant to § 702(i)(3) of this title, is or shall be subject to this chapter on or after January 1, 1972, shall pay taxes under the provisions of subsection (b) unless it opts to pay to the unemployment fund created by § 710 of this title, pursuant to this clause, an amount equal to the sum of regular and additional benefits plus half of the extended benefits attributable to services rendered to said organization which have been paid to claimants with regard to weeks of unemployment that commence during the effectiveness of said option.
(2) Payment of reimbursements in lieu of taxes.— Payments of reimbursements in lieu of taxes shall be made in accordance with the provisions of this clause including either (A) or (B):
(A) At the end of each calendar quarter, or at the end of any other period as determined by the Secretary, the Director shall bill each nonprofit organization or group of such organizations which has elected the method of payments of reimbursement in lieu of contributions for an amount equal to the full amount of regular and additional benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such organization.
(B) Each nonprofit organization that has elected the method of payments of reimbursement in lieu of contributions may request permission to make such payments as provided in this paragraph. Such method of payment shall become effective upon approval by the Director.
(i) At the end of each calendar quarter, or at the end of such other period as determined by the Secretary, the Director shall bill each nonprofit organization for an amount representing one of the following:
(I) For calendar year 1972, two point seven percent (2.7%) of the taxable payroll for the calendar year 1971.
(II) For years after December 31, 1972, such percentage of its total payroll for the immediately preceding calendar year as the Secretary shall determine. Such determination shall be based each year on the average benefits costs attributable to service performed in the employ of nonprofit organizations during the preceding calendar year.
(III) For any organization which did not pay wages throughout the four (4) calendar quarters of the preceding calendar year, such percentage of its payroll during such year as the Secretary shall determine.
(ii) At the end of each taxable year, the Secretary may modify the quarterly percentage of payroll thereafter payable by the nonprofit organization in order to minimize excess or compensate insufficient payments.
(iii) At the end of each taxable year, the Secretary shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular and additional benefits plus one-half (1 / 2) of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the fund in accordance with paragraph (C) of this clause. If the total payments exceed the amount so determined for the taxable year, all or a part of the excess may, at the discretion of the Secretary, be refunded from the fund or retained in the fund as part of the payments which may be required for the next taxable year.
(C) Payment of any bill rendered under paragraph (A) or (B) of this clause shall be made not later than thirty (30) days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with paragraph (E) of this clause.
(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.
(E) The amount due specified on any bill from the Director shall be conclusive on the organization unless, not later than fifteen (15) days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for reconsideration by the Director or appeals before the Secretary. If the petition of reconsideration is filed with the Director and his determination is adverse, the organization may file a petition for review before the Secretary within fifteen (15) days after the notice of redetermination is mailed by the Director. The Secretary shall promptly review and reconsider the amount due specified in the bill, and shall thereafter issue a redetermination and notify the organization. Any such redetermination shall be conclusive on the organization unless, not later than thirty (30) days after the notice of redetermination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to the part of the Court of First Instance for the jurisdiction in which the organization has its principal place of business, setting forth the grounds for the appeal. The decisions of the Court of First Instance in relation to any proceeding under this subsection shall be subject to the provisions of § 709(f) of this title.
(F) Payments owed under the method of financing by refund of payments in lieu of taxes shall be subject to the same interest, penalties, and surcharges which apply to taxes owed pursuant to §§ 708(c) and 709(a) of this title.
(3) Authority to terminate elections.— If any nonprofit organization subject to the method of payments of reimbursement is delinquent in making such payments under clause (2) of this subsection, the Director may terminate such organization’s election to make payments of reimbursement in lieu of contributions as of the beginning of the next calendar year, and such termination shall be effective for two (2) calendar years.
(4) Assignment of benefit costs.— Each employer who avails him/herself of the financing method of reimbursement of payments in lieu of taxes shall pay to the Secretary for the fund, the corresponding amount of the regular benefits plus half of the extended benefits paid to the employees for services rendered to said employer as provided in § 708(f) of this title.
(e) Financing of benefits paid to employees in institutions of higher learning, hospitals and other agencies or instrumentalities of the Commonwealth or its political subdivisions.— Benefits paid to employees for services rendered, described in § 702(k)(1)(B) of this title shall be financed pursuant to the provisions of this subsection. For the purposes of this subsection, an institution of higher learning is an institution described in § 702(y)(2) of this title, and a hospital is an institution described in § 702(z) of this title.
(1) Subject to the payment of taxes and option for reimbursement in lieu of taxes.— Any institution of higher learning or any hospital which, pursuant to § 702(i)(2) of this title is, or shall be subject to this chapter on or after January 1, 1972, or any agency or instrumentality, which, pursuant to clauses (1), (2), and (4) of § 702(i) of this title is, or will be covered on and after January 1, 1978, shall pay taxes under the provisions of subsection (b) of this section, unless they opt to pay to the Unemployment Fund created by § 710 of this title an amount equal to the sum of regular and additional benefits plus half of the extended benefits attributable to services rendered to said organization which have been paid to claimants with regard to weeks of unemployment that commence during the effective period of said option. Provided, That the amount to be paid for unemployment weeks that commence after January 1, 1979, shall be equal to the sum of regular, additional and extended benefits.
(2) The provisions of paragraphs (A), (B), (C), (D) and (E) of subsection (d)(1), paragraphs (A), (C), (D), (E), and (F) of subsection (d)(2), and subsections (d)(3), (d)(4) and (d)(5) of this section, regarding nonprofit organizations, shall apply to institutions of higher education and hospitals operated by the Government of the Commonwealth, by the governments of its political subdivisions or by any of their instrumentalities, or of both. These provisions shall also apply to those agencies or instrumentalities of the Commonwealth or its political subdivisions.
(3) Application of payments under the fixed tax method.— On and after July 1, 1988, payments made by an employer under the fixed tax method, as that term is defined in clauses (1), (2), and (4) of § 702(i) of this title shall be applied to their corresponding quarter.
(f) System of experience.—
(1) On and after January 1, 1992, and for each subsequent quarter, the Director shall keep a separate account for each employer that shall reflect his/her individual experience regarding unemployment risks.
(A) All taxes paid by the employer shall be credited to the account.
(B) Applicable benefits shall be debited to the account which shall be charged as follows:
(i) Fifty percent (50%) to the claimant’s last employer.
(ii) The remaining fifty percent (50%), among all employers for the basic period in proportion to the wages earned by the claimant in said basic period.
(iii) The employer’s account shall not be debited for fifty percent (50%) of the partial benefits and extended benefits nor the additional benefits for closings, nor benefits paid based on claims defrayed in full with federal funds.
(2) On and after January 1, 1992, each employer shall pay taxes based on the tax rate fixed on the computation date. Tax rates shall be determined by using the proportion of reserves system as it is described in clause (4) of this subsection. Provided, That any adjustment to the amount charged to an employer’s account made after the computation date shall not alter the tax rate that has already been fixed.
(A) The tax rate for a new employer shall be that which is indicated in the last line of the corresponding table for that year, which appears in this subsection below until at least twenty-one (21) months have elapsed from his/her effective date as a covered employer up to the computation date. No employer who, within the nine quarters following the closing date of a business, begins to operate a new a business of the same nature, shall be deemed to be a new employer.
(B) Every employer who, on the computation date commencing on June 30, 1993, owes taxes, penalties, interest or surcharges or who fails to render the quarterly statements, shall be fixed a tax rate of four point four percent (4.4%) of the taxable wages, or that which results from his/her experience, if greater.
(3) The Director shall give prompt notice of the tax rate fixed for the employer and the way it was computed. He/she shall likewise notify the employer of any charge for benefits paid or to be paid that could affect his/her reserves.
(4) Each employer’s tax rate shall depend on his proportion of reserves on the computation date. The proportion of reserves shall be the percentum obtained from the division between the reserve and the average taxable wage paid by the employer during the last three years ending with the computation date, except for what is provided in paragraphs (A) and (B) of clause (2) of this subsection. The proportion of reserves may reflect a positive or negative balance. For the purposes of this computation, an employer’s reserves shall be the taxes paid without payment of interest, surcharges and penalties, less the benefits that are applicable to the employer’s account.
(A) For the effects of computing the proportion of reserves as of December 31, 1991, the taxes paid by the employer, benefits charged and taxable wages for the three years preceding said date, shall be considered.
(B) The tax rate that shall be fixed for each employer shall be determined by his/her proportion of reserves pursuant to the table that is used in a given year from among those below:
Tax Rate Proportion of Reserves (%) A B C D E F G H -20 or less 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 -18 but over -20.0 5.3 5.3 5.3 5.3 5.4 5.4 5.4 5.4 -16 but over -18.0 5.2 5.2 5.2 5.2 5.3 5.3 5.4 5.4 -14 but over -16.0 5.1 5.1 5.1 5.1 5.2 5.2 5.3 5.3 -12 but over -14.0 5.0 5.0 5.0 5.0 5.1 5.1 5.2 5.2 -10 but over -12.0 4.9 4.9 4.9 4.9 5.0 5.0 5.1 5.1 -8.0 but over -10.0 4.8 4.8 4.8 4.8 4.9 4.9 5.0 5.0 -6.0 but over -8.0 4.7 4.7 4.7 4.7 4.8 4.8 4.9 4.9 -4.0 but over -6.0 4.6 4.6 4.6 4.6 4.7 4.7 4.8 4.8 -2.0 but over -4.0 4.5 4.5 4.5 4.5 4.6 4.6 4.7 4.7 0.0 but over -2.0 4.4 4.4 4.4 4.4 4.5 4.5 4.6 4.6 2.0 but over 0.0 4.2 4.3 4.3 4.3 4.4 4.4 4.5 4.5 4.0 but over 2.0 4.0 4.1 4.1 4.1 4.2 4.2 4.3 4.4 6.0 but over 4.0 3.7 3.8 3.9 3.9 4.0 4.0 4.1 4.2 8.0 but over 6.0 3.4 3.6 3.7 3.7 3.8 3.9 4.0 4.1 10.0 but over 8.0 3.1 3.3 3.4 3.5 3.6 3.8 3.9 4.0 12.0 but over 10.0 2.7 2.9 3.2 3.3 3.4 3.6 3.7 3.8 14.0 but over 12.0 2.5 2.6 2.9 3.0 3.1 3.2 3.3 3.4 16.0 but over 14.0 2.2 2.4 2.6 2.8 2.9 3.0 3.1 3.2 18.0 but over 16.0 1.9 2.1 2.3 2.5 2.6 2.7 2.8 2.9 20.0 but over 18.0 1.5 1.7 1.9 2.1 2.2 2.4 2.5 2.7 Over 20.0 1.0 1.2 1.4 1.7 2.0 2.2 2.4 2.5
Tax Rate for New Employers 2.7 2.8 2.9 3.0 3.1 3.2 3.3 3.4
The table to be used in a specific year shall be determined by multiplying the balance in the Unemployment Fund as of December 31 immediately preceding the computation date, by the adjustment factor as defined in § 708(a)(8) of this title. Provided, That during the first year of effectiveness of the experience system, employers shall pay taxes to the Unemployment Fund according to the rates established in Table A.
(C) When the balance in the Unemployment Fund as of December 31 of any year is greater than five hundred eighty-nine million dollars ($589,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table A.
(D) When the balance in the Unemployment Fund as of December 31 of any year is greater than five hundred fifty-three million dollars ($553,000,000) multiplied by the adjustment factor, but less than five hundred eighty-nine million dollars ($589,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table B.
(E) When the balance in the Unemployment Fund as of December 31 of any year is greater than five hundred seventeen million dollars ($517,000,000) multiplied by the adjustment factor, but less than five hundred fifty-three million dollars ($553,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table C.
(F) When the balance in the Unemployment Fund as of December 31 of any year is greater than four hundred eighty-one million dollars ($481,000,000) multiplied by the adjustment factor, but less than five hundred seventeen million dollars ($517,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table D.
(G) When the balance in the Unemployment Fund as of December 31 of any year is greater than four hundred forty-five million dollars ($445,000,000) multiplied by the adjustment factor, but less than four hundred eighty-one million dollars ($481,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table E.
(H) When the balance in the Unemployment Fund as of December 31 of any year is greater than four hundred nine million dollars ($409,000,000) multiplied by the adjustment factor, but less than four hundred forty-five million dollars ($445,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table F.
(I) When the balance in the Unemployment Fund as of December 31 of any year is greater than three hundred seventy million dollars ($370,000,000) multiplied by the adjustment factor, but less than four hundred nine million dollars ($409,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year [according] to the rates established in Table F.
(J) When the balance in the Unemployment Fund as of December 31 of any year is less than three hundred seventy million dollars ($370,000,000) multiplied by the adjustment factor, employers shall pay taxes to the Fund the following year according to the rates established in Table H.
(g) Transfer of individual unemployment risk experience.— Notwithstanding other provisions of this chapter, the following shall apply to transfers of individual unemployment risk experience and the designation of tax rates:
(1)
(A) If an employer transfers his/her business, commercial enterprise, or part thereof to another employer, and both employers (at the time of the transfer) substantially share the property, administration, or control thereof, then the unemployment risk experience attributable to the transferred business or commercial enterprise shall be transferred to the employer who acquired the business object of the transfer. The tax rates for both employers shall be once again computed and shall begin to govern immediately after the date of the transfer of the business or commercial enterprise.
(B) If after the transfer of experience is made pursuant to paragraph (A) of this clause, the Director finds that the true purpose of the transfer of the business or commercial enterprise was to obtain a lower tax rate, the accounts in the experience system of the employers involved in the transfer shall be combined to become one account and said account shall be designated with the highest (standard) tax rate under the law.
(C) The transfer of some or all workers from one employer to another shall be deemed to be a commercial enterprise or business transfer if as a result of said transfer the employer who made the transfer stops operating the commercial enterprise or business due to the transfer of the workers and said commercial enterprise or business is operated by the employer to whom said workers were transferred.
(2) If a person is not an employer under this chapter at the time of the acquisition of the business or commercial enterprise from an employer, the unemployment risk experience of the acquired business shall not be transferred to said person if the agency finds that said person acquired that business solely or primarily for the purpose of obtaining a lower tax rate. But instead the highest tax rate under this chapter shall be designated to said person for a sufficient period of time so that his/her tax rate may be computed in accordance with his/her unemployment risk experience under this chapter. When determining whether the business was acquired for the purpose of obtaining a lower tax rate, the agency may employ objective factors to include the cost of the acquired business or commercial enterprise, whether the person remained as head of the acquired business or trade, the time during which the business or commercial enterprise was kept, or whether a substantial number of new employees were contracted to perform duties unrelated to the activities carried out in the business before the acquisition.
(3) If a person or employer simultaneously acquires the business or part of a business of two (2) or more employers with different tax rates, the tax rate of the successor after the date of the transfer until the end of such taxable year and until the latter acquires sufficient experience so that his/her tax rate be computed in accordance with his/her unemployment risk experience under this chapter, shall be the sum of the rates determined by the agency under subsection (f) of this section. At the time of the acquisition, this rate shall apply to the predecessor employer who among the parties in the acquisition has the highest payroll (taxable wages) in the calendar quarter that ended immediately preceding the date of the transfer, but it shall not be lower than the sum of the rates determined by the agency under subsection (f) of this section.
(4) When a person or employer acquires the individual unemployment risk experience of an employer or person, the acquirer shall assume the position of the predecessor and continue with the employer account of the predecessor, and the acquirer as well as the predecessor shall jointly and severally be responsible for any sum on account of taxes, interests, or penalties unpaid by the predecessor.
(5) In those cases whereby a part of the business or commercial enterprise is transferred, the acquirer shall assume the position of the predecessor and receive shares equal to the acquired portion of the unemployment risk experience account of the predecessor. The predecessor shall continue to be responsible for the payment of taxes, for reimbursements in lieu of the payment of taxes, for interest and for penalties. Both the acquirer and the predecessor shall jointly and severally be responsible for the obligations in proportion to the transferred portion of the business or commercial enterprise.
(6) Any person who contracts with a taxpaying employer so that such person may obtain the work force of said employer and who provides him/her, for a fee, workers for the insured employer, at the effective date of the contract, shall be assigned to the account of the taxpaying employer. Said person shall keep said account apart and separate from any other taxable account of the person, and shall identify the same as stipulated by the agency. During the term of the contract, the taxable account shall be deemed to be the person’s account for the purposes of this chapter. The workers provided by the taxpaying employer and any other worker provided by said person to the taxpaying employer shall appear in a detailed wages report under the taxable account and said person shall pay any tax imposed under the tax rate computed for said account.
(7) If any person or employer fails to register or to offer accurate and complete information as needed to be registered as employer or to determine his/her insured status under this chapter, shall be deemed prima facie evidence of the intention to obtain a tax rate in violation of this section. An employer or person who violates this subsection shall incur in a civil penalty of one thousand dollars ($1,000) or the payment of the sum of all taxes to the unemployment insurance evaded by the employer or person or the sum that the employer or person attempted to evade during the taxable year, whichever is higher. For these effects, the term “person” shall have the meaning given to such a term in subsection (a) of this section.
(8) A natural or juridical person may not aid, orient, advise, or urge an employer to transfer his/her employees or payrolls in violation of this section. The persons who violate this clause shall be subject to the penalties provided in § 714(c) of this title.
(9) A determination made under this subsection shall be made within the next five (5) years after the facts that motivated the determination have occurred.
(10) The Secretary and the Director are hereby authorized to conduct audits to verify compliance of the law in the cases stated under this section, without their being subject to the criteria provided in the audit procedures as to the selection of employers. Any person other than an employer who makes an acquisition as provided by clause (2) of this subsection and who changes the nature of the acquired business or commercial enterprise, shall be audited automatically, in order to verify any violation of this chapter.
(11) For purposes of this section, the procedures to identify cases in which there may be a presumption that the transfer of employees to another employer is made in an attempt or for the purpose of obtaining a lower tax rate shall be established. The rules shall include those cases that constitute practices commonly known as SUTA Dumping, pursuant to Section 303(k)(1)(E) of the Social Security Act, SSA.
(12) This section shall be construed and applied so that it complies with the minimum requirements contained in any handbook or regulations published by the United States Department of Labor.
(h) Special tax.— As of January 1, 1992, any employer, subject to the payment of taxes pursuant to the provisions of this chapter, with the exception of the agencies and instrumentalities of the Government and its political subdivisions, shall pay a special tax equal to one percent (1%) of the taxable wages paid by him; Provided, That those employers to whom a tax rate higher than four point four percent (4.4%) has been fixed, shall pay the difference between five point four percent (5.4%) and said rate. This special tax shall be distributed as follows:
(1) Ninety percent (90%) shall be covered into the Employment Opportunities Development Fund, established by § 711c of this title.
(2) Ten percent (10%) shall be covered into the Administrative Expenses Fund established by § 711d of this title.
(i) Finality of the determination.— A determination made by the Director under § 708 of this title shall be considered final unless the party that is entitled to be notified thereof requests a reconsideration within the term of fifteen (15) days counting from the date the notice was sent by mail or otherwise to his/her last known address; Provided, That if the Director’s decision were adverse, the injured party may appeal to the Secretary within fifteen (15) days following the date the decision was mailed to his/her last known address.
(j) Appeals.— The Secretary shall appoint one or more Examining Officials pursuant to § 713(d) of this title, to hear and decide appeals of the determinations and redeterminations of the Director in accordance with this section.
(1) Any party entitled to receive notice of any determination as provided in this section may file an appeal against the determination issued by the Director before an Examining Official within the term specified in subsection (i). A reasonable opportunity shall be granted promptly to all the parties for the holding of a fair hearing.
(2) The Examining Officials shall be empowered to:
(A) Take oaths and statements;
(B) issue summons, require the introduction of reports, books, papers and documents that are deemed necessary for the exercise of their functions;
(C) receive pertinent evidence and rule upon it;
(D) take depositions or have them taken;
(E) hold hearings and regulate the course thereof;
(F) provide procedural action or similar matters, and
(G) recommend decisions to the Secretary.
It shall be the duty of the Examining Officials, once the parties have submitted a case for their consideration, to prepare a report to the Secretary. The report shall contain a summary of all evidence received, the facts, the applicable statutory section and the decision recommended.
(3) The Secretary’s decision shall be issued, in writing, within ninety (90) days after the hearings have been concluded, and a copy thereof shall be furnished to all parties, including the Director.
(4) The decision of the Secretary shall be final unless one of the parties requests its judicial review by filing a petition to such effects at the Court of First Instance Part of the jurisdiction where the employer or employment unit has its place of business within a thirty (30)-day term counting from the notice of the decision. The petitioning party shall notify the filing of the petition for review to all the other parties within the term to request the review.
(5) The decision of the Court of First Instance may be appealed before the Supreme Court and shall be processed pursuant to § 709(f) of this title.
(k) Report of salaries.— Every employer, those that pay taxes under this section as well as those that make reimbursement payments in lieu of taxes, shall submit a quarterly report of the salaries paid to their employees, to the Secretary of Labor and Human Resources of Puerto Rico, as he/she may establish it. The report shall include the following information: name of the employee, salary paid to the employee, social security number of the employee; the name, address and state and federal identification number of the employer who pays the salary to the employee.
History —June 21, 1956, No. 74, p. 328, § 8; June 25, 1958, No. 97, p. 226, §§ 1, 2; Dec. 22, 1960, No. 1, p. 1, § 9; June 8, 1962, No. 27, p. 54, § 4; June 24, 1971, No. 85, p. 257, § 6; June 15, 1972, No. 16, p. 374, § 7; Aug. 9, 1974, No. 21, Part 2, p. 646, § 4; June 30, 1975, No. 111, p. 329, § 5; June 23, 1976, No. 18, p. 730; June 24, 1977, No. 101, p. 228, § 4; Dec. 13, 1977, No. 2, p. 602, § 3; July 26, 1979, No. 4, p. 924, § 6; May 25, 1985, No. 15, p. 49, § 1; July 15, 1988, No. 102, p. 424, § 4; Aug. 9, 1991, No. 52, § 1; July 9, 1992, No. 16, § 1; Jan. 13, 2002, No. 28, § 1; Sept. 16, 2005, No. 114, §§ 3, 4, retroactive to July 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/709/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 709 - Collection of delinquent or contested taxes
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 709 - Collection of delinquent or contested taxes
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(a) Interest on delinquent taxes.— If the taxes are not paid on the date on which they are due and payable as prescribed by the Secretary, the whole amount or the part thereof remaining unpaid shall, in addition to said taxes and as a part thereof, bear interest at the rate of one percent (1%) per month or any fraction thereof as of the due date and until payment is received by the Secretary of the Treasury.
Provided That, on and after January 1, 1989, taxes due and payable shall bear the preferred rate prevailing in the market on September 30 of the immediately preceding year.
At the Secretary’s discretion, the employer may be exempted from these charges after it is shown that the taxes were not paid on time due to circumstances beyond the employer’s control.
(b) Collection by constraint or suit.—
(1) If any employer defaults in any payment of contributions, interest or penalties, the amount due may in addition or alternatively to any other method of collection prescribed in this chapter or in any other act or code of Puerto Rico be collected by the constraint proceeding used for the collection of property taxes or by civil action brought in the name of the Secretary, and the employer adjudged in default shall pay the costs of such proceeding. Civil actions brought under this section to collect contributions, interest or penalties thereon from an employer shall be heard in the part of the Court of First Instance of the jurisdiction wherein the employer has his principal place of business at the earliest possible date and shall be entitled to preference upon the docket of the court over all other civil actions except petitions for judicial review under § 706 of this title.
(2) Any employing unit not a resident of Puerto Rico which exercises the privilege of having one or more individuals performing service for it within Puerto Rico, and any resident employing unit which exercises that privilege and thereafter moves from Puerto Rico, shall be deemed to have thereby appointed the Secretary of State of Puerto Rico as its agent and attorney for the acceptance of process and other notices in any civil action under this subsection. In instituting such an action against any such employing unit the Secretary shall cause all subsequent process or notice to be served on the Secretary of State and such service shall have the same scope, force and validity as if made personally upon the employing unit within Puerto Rico; Provided, That the Secretary shall forthwith send notice of the service of such process, together with any other documents required by law, by certified mail, return receipt requested, to such employing unit at its last known address and such return receipt, the Secretary’s affidavit of compliance with the provisions of this section, and a copy of the notice of service, shall be appended to the original of the process filed in the court in which such civil action is pending.
(3) The Court of First Instance shall, in the manner provided in clauses (1) and (2) of this subsection, entertain actions to collect contributions, interest or penalties thereon for which liability has accrued under the Employment Security Act of any state or of the Federal Government.
(4) No suit, including an action for a declaratory judgment shall be maintained and no writ or process shall be issued by any court which has the purpose or effect of restraining, delaying, or forestalling the collection of any contributions, interest or penalties under this chapter.
(c) Priority of claims.— Except as hereafter provided any claim on account of contributions, interest or penalties due or accrued under this chapter, shall be payable in full with priority over any other claims, including claims for other contributions or debts due to the Government of Puerto Rico. When there exist claims for contributions, interest or penalties and claims for wages against the same employer, the order of priority as between such claims and other claims shall, notwithstanding any other provisions of the laws of Puerto Rico, be as follows:
(1) Claims for wages, other than the remuneration of executive or administrative officers of corporations, up to the sum of two hundred and fifty dollars ($ 250) to each worker, earned within six (6) months of the commencement of the proceedings, or of the date of adoption of an arrangement not judicially ordered for the distribution of an employer’s assets.
(2) Claims for contributions, interest or penalties due or accrued under this chapter and §§ 201—212 of Title 11.
(3) Other claims in the order of priority provided by other provisions of law.
(d) Refunds.—
(1) If any person or organization applies for a refund or credit of any amount paid as contribution, interest, or penalties under this chapter, and the Secretary determines that such amount or any portion thereof was erroneously collected, the Secretary may, in his/her discretion, grant a credit therefor and no interest shall be assessed with respect to subsequent contribution payments, or refund the amount erroneously paid without interest; Provided, That:
(A) Any refund payable from the Unemployment Fund on or after January 1, 1961, for an amount of contributions, interest or penalties erroneously collected under this chapter with respect to employment prior to such date or any credit for such amount against contributions due and payable to the Unemployment Fund on or after such date shall not exceed ninethy percent (90%) of such amount;
(B) any refund from the Unemployment Fund for an amount of contributions erroneously collected with respect to employment after December 31, 1960, and prior to January 1, 1963, from an employer subject to this chapter but not to the Federal Unemployment Tax Act, or any credit for such amount against contributions due and payable to the Unemployment Fund on or after January 1, 1961, shall not exceed ninety percent (90%) of such amount, and
(C) any refund from the Unemployment Fund for an amount of contributions erroneously collected under this chapter on wages paid with respect to employment after December 31, 1962, from an employer subject to this chapter but not to the Federal Unemployment Tax Act, or any credit for such amount against contributions due and payable to the Unemployment Fund on or after January 1, 1963, shall not exceed an amount equal to [two and seven tenths] percent (2.7%) of such wages; Provided, further That:
(i) The remaining ten percent (10%) of either of the amounts hereinabove referred to in paragraphs (A) and (B) of this clause shall be refunded from the Special Auxiliary Fund pursuant to the provisions of subsection (b) of § 711a of this title, or may be credited against further payments to the Fund;
(ii) the remainder of contributions with respect to employment after December 31, 1961, erroneously collected under this chapter from employers subject to this chapter but not to the Federal Unemployment Tax Act shall be refunded from the Special Auxiliary Fund pursuant to the provisions of subsection (b) of § 711a of this title, or may be credited against future payments to that Fund, and
(iii) any other amount erroneously collected under this chapter shall be refunded from the Special Auxiliary Fund pursuant to the provisions of subsection (b) of § 711a of this title, or may be credited against future payments to that Fund. No refund or credit shall be allowed with respect to a payment as contributions, interest or penalties unless an application therefor shall be made on or before whichever of the following dates is later:
(I) One year from the date on which such payment was made, or
(II) three (3) years from the last day of the period with respect to which such payment was made.
For a like reason and within the same period a refund may be made or a credit may be allowed by the Secretary motu proprio. If the Secretary determines that contributions on wages insured under the employment security law of any other state or of the federal government, interest thereon or penalties were erroneously paid to this Commonwealth, refund or adjustment thereof may be made without interest, irrespective of the time limits provided in this subsection, on satisfactory proof that such contributions, interest thereon or penalties have been paid to such state or to the federal government. Nothing in this chapter or in any part thereof shall be construed to authorize any refund of money due or payable under the law and regulations in effect at the time such money was paid.
(2) Notwithstanding the provisions of clause (1) of this subsection, the person or organization shall not be entitled to a refund or credit of the amount erroneously paid as contribution, interest or penalties, if the Secretary determines that:
(A) The person, organization or agent of the person or organization failed to timely or adequately respond to a request of the Employment Security Bureau for information, causing said erroneous payment, and
(B) the person, organization or agent of the person or organization has established a pattern of failing to timely and adequately respond to requests of the Employment Security Bureau for information.
(3) For purposes of clause (2) of this subsection, it is hereby provided that:
(A) It shall only apply to erroneous payments established after October 21, 2013;
(B) the person or organization shall respond for the actions or omissions of its agent;
(C) the person or organization shall not be entitled to a refund or credit of the amount erroneously paid regardless of whether such amount is recovered by the State, and
(D) “pattern of failing to timely and adequately respond” means a previous failure to respond timely or adequately to one (1) or more requests for information.
(4) In the event that any application for refund or credit is rejected, a written notice of such rejection shall be remitted to the applicant. Within thirty (30) days after the mailing of such notice to the applicant's last known address, or in the absence of such mailing, within thirty (30) days after other delivery of such notice, the applicant may appeal to the part of the Court of First Instance for the jurisdiction in which the appellant has his principal place of business.
(e) Computations.—
(1) If any employer files reports for the purpose of determining the amount of contributions due but fails to pay any part of the contributions or interest due thereon, or fails to file such reports when due, or files an incorrect or insufficient report, the Secretary may compute the contributions due on the basis of the information submitted by the employer, or on the basis of an estimate as to the amount due, and shall give written notice of such computation to said employer. Within thirty (30) days after such notice was mailed to the employer’s last known address, or otherwise delivered to him, the employer may appeal to the part of the Court of First Instance for the jurisdiction in which the employer has his principal place of business.
(2) If the Secretary determines that the collection of any contributions or interest under the provisions of this chapter will be jeopardized by delay, he may, regardless of whether or not the time prescribed by this chapter or any regulations issued hereunder for making reports and paying such contributions has expired, immediately assess such contributions, together with interest, and shall give written notice of such assessment to the employer. In such cases the right of appeal to the Court of First Instance shall be conditioned upon payment of the contributions and interest so assessed or upon giving appropriate security to the Secretary of the Treasury for the payment thereof.
(3) If an employer fails to pay the amount assessed pursuant to this section, the Secretary may file in the part of the Court of First Instance of the jurisdiction wherein the employer has his principal place of business a certificate under his official seal, stating the name of the employer, his address, the amount of the contributions and interest assessed and in default and the amount of any penalties imposed and shall file a copy of said certificate in the part of the Court of First Instance of any jurisdiction in which said employer has personal or real property; and the clerks of the respective parts shall enter upon the judgment docket of the court, through act, the name of the employer mentioned in the certificate, the amount of such contributions, interest or penalties assessed and in default, and the date such certificate is filed. When such judgment act shall have been duly recorded the amount of the assessment shall constitute a lien upon the entire interest of the employer, legal or equitable, in any property, real or personal, tangible or intangible, located in the jurisdiction where the certificate or a copy thereof was filed. To determine the priority of the lien so constituted, the same priority sequence provided in subsection (c) of this section shall be followed. No lien for contributions, interest or penalties shall be valid against one who acquires personal property by purchase from the employer in the usual course of his business, in good faith and without having legal notice of such lien. Such lien may be enforced by the marshals of the Court of First Instance or, upon notice to such court, by any officer or employee of the Bureau of Employment Security that the Director thereof may designate, against any real or personal property, in the same manner as a judgment of the Court of First Instance duly registered; Provided, That in the execution of said lien the officer or employee designated shall have the same powers and faculties conferred by law upon the marshals of the Court of First Instance, including the power to enforce writs of attachments and execution of judgments, by attaching and selling real and personal property of the judgment debtors, announcing auctions, serving the notices, and executing the deeds of conveyance, acts, certificates of return, and other documents pertinent to these proceedings, and carrying out any other activity of those carried out by the marshals of the Court of First Instance in cases of this nature. Provided, further, That any attachment of properties or execution of judgment may be made with or without seizing said property, it being sufficient therefor to notify the debtor about the property attached giving him a written list thereof and informing him that he shall not use, encumber, alienate, alter, remove or otherwise dispose of said property until the court shall order otherwise; and any such use, encumbrance, alienation, alteration, removal or other disposition of said property, in the absence of a judicial order permitting same, shall be considered as absolutely null and void. In addition to any other penalty provided by § 714 of this title, any employer who disobeys this provision may be punished for contempt.
(4) The foregoing legal remedies shall be in addition to any others already in force.
(5) Judicial proceedings brought by the Secretary under the various provisions of law shall be exempt from the payment of all kinds of dues, costs, fees, and tariffs; Provided, That the Secretary shall not be bound to give any bond whatsoever for obtaining a preventive attachment on the property of the defendant in order to secure the effectiveness or execution of the judgments; and Provided, finally, That the filing, registration, recording and dispatch of all documents relating to such judicial proceedings in the Property Registry of Puerto Rico and other government agencies shall be exempt from the payment of all kinds of tariffs.
(f) Judicial review before the Supreme Court.— The Court of First Instance’s decision in connection with the different proceedings relative to the assessment, collection and refund of contributions, shall be final unless within thirty (30) days after notice of such decision was mailed or otherwise delivered to the last known address of a party, that party institutes a proceeding for judicial review before the Supreme Court; Provided, That in such cases in which the Supreme Court determines a deficiency, the right to appeal to the Supreme Court shall be subject to total payment of the deficiency so determined within the period provided under this section for appealing before the Supreme Court. The noncompliance with this requirement shall deprive the Supreme Court of its jurisdiction.
(g) Conclusiveness of determination.— Any determination or decision duly made in proceedings under subsections (b), (e) or (f) of this section which has become final shall be binding in proceedings with respect to refunds or credits under subsection (d) or (f) of this section, insofar as such determination or decision necessarily involves the issue of whether an employing unit constitutes an employer or whether service performed for, or in connection with, the business of such employing unit constitutes employment.
(h) Liability of a person to whom a commercial enterprise of business is transferred, guarantor, and contractor.—
(1) Any individual or organization, including the types of organizations described in subsections (i)—(j) of § 702 of this title, whether or not an employment unit, which acquires the organization, commercial enterprise or business from an employer, shall be liable in an amount not to exceed the reasonable value of the acquired organization, commercial enterprise or business, for any taxes, interest or penalties due or accrued and unpaid by said employer, and the amount of such obligation shall, in addition, constitute a lien against the property or capital so acquired which shall be given preference over all other liens; Provided, That the lien shall not be valid against a person who acquires from that employer or employment unit any interest in the property or capital acquired in good faith, for a price and without legal knowledge of the existing lien. The Secretary shall, upon a request made after the acquisition is completed, furnish the acquirer with a written statement indicating the amount of taxes, interest or penalties due or accrued and unpaid by any employer as of the date of such acquisition, and the amount of the obligation of the successor or the amount of the lien shall in no case exceed the amount of the obligation disclosed by such a statement. The foregoing legal measures shall be in addition to all other existing measures against the employer or the acquirer of the commercial enterprise or business.
(2) The responsibility under any bond posted or which may be posted to guarantee the performance of any kind of public or private work shall extend to cover the payment of taxes, interest and penalties due and payable under this chapter by the contractor or other person named as principal under said bond, irrespective of whether or not the bond contains a provision to this effect.
(3) Whenever an employment unit contracts with any other employment unit for the performance of any work that is part of the trade, occupation, profession or business of the former, it shall be liable for the contributions, interests, penalties and surcharges left unpaid by the employment unit thus contracted.
(i) Contributions paid in error to state.— Contributions due under this chapter with respect to wages for insured work shall, for the purpose of this section, be deemed to have been paid as of the date payment was made as contribution therefor under a state or Federal Employment Security Act if payment of such contribution is made to the Secretary of the Treasury of this Commonwealth on such terms as the Secretary finds will be fair and reasonable to all affected interests. Payments to the fund under this section shall be deemed to be contributions for the purposes of § 708 of this title.
(j) Contributions owed by institutions of higher education, hospitals or government agencies or instrumentalities.— If any institution of higher education, hospital, or government agency or instrumentality or any of its political subdivisions which, in keeping with clauses (1), (2) and (4) of § 702(i) of this title is covered or acquires coverage under the provisions of this chapter, neglects to pay the contributions, reimbursements of benefits or interest, penalties and surcharges, if any, the Secretary shall notify the Secretary of the Treasury and he may deduct the amount owed from whatever funds that are or may be available for such entity.
History —June 21, 1956, No. 74, p. 328, § 9; June 25, 1958, No. 97, p. 226, §§ 3—5; June 30, 1959, No. 104, p. 296, § 4; June 14, 1960, No. 83, p. 147, § 3; Dec. 22, 1960, No. 1, p. 1, § 10; June 8, 1962, No. 27, p. 54, § 5; June 28, 1963, No. 93, p. 271, § 3; June 6, 1967, No. 102, p. 330, §§ 12, 13; June 15, 1972, No. 16, p. 374, § 8; June 24, 1977, No. 101, p. 228, § 5; July 26, 1979, No. 4, p. 924, § 7; May 21, 1982, No. 18, p. 35, § 4; July 9, 1985, No. 95, p. 300, § 5; July 15, 1988, No. 102, p. 424, § 5; Sept. 16, 2005, No. 114, § 5, retroactive to July 1, 2005; Oct. 18, 2013, No. 120, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/710/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 710 - Unemployment Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 710 - Unemployment Fund
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(a) Creation and control.— A special fund, separate and apart from all moneys and funds of the Commonwealth of Puerto Rico, is hereby established as an unemployment fund to be administered by the Secretary exclusively for the purposes of this chapter. The fund shall consist of:
(1)
(A) All the taxes collected under the provisions of this chapter, except that ten percent (10%) of the taxes collected from employers covered by this chapter but not by the Federal Unemployment Tax Act with respect to employment before January 1, 1963, an amount of taxes equal to point four percent (0.4%) of the wages paid by said employers with respect to employment during the period from January 1, 1963 to December 31, 1970, an amount of taxes equal to one half percent (0.5%) of the wages paid by said employer with respect to employment during the period from January 1, 1971 to June 30, 1974, an amount of taxes equal to point five eighths percent (0.58%) of the wages paid by said employers during the period from July 1, 1974 to June 30, 1975, and an amount of taxes equal to one half percent (0.5%) on and after said date and until December 31, 1978, shall be deposited into the Special Auxiliary Fund established by § 711a of this title, and
(B) every refund in lieu of taxes collected under the provisions of § 708(d) and (e) of this title.
(2) All interest earned upon any money in the Fund.
(3) All property or securities accredited in lieu of taxes or other obligations with respect to the Fund.
(4) All earnings on such property or securities.
(5) All money recovered on losses incurred by the Fund.
(6) All money received from the Federal Unemployment Account in the Federal Unemployment Trust Fund by virtue of Title XII of the Social Security Act.
(7) All moneys credited to the Commonwealth’s account in the Unemployment Trust Fund by virtue of Title IX of the Social Security Act. Provided, That the credited funds corresponding to the 2000, 2001 and 2002 fiscal years shall be transferred to the Administration Fund to be used exclusively for administrative expenses incurred in the implementation of the Employment Security Program, as specified in the specific expenses guidelines. The credited funds corresponding to subsequent years may be used for the payment of benefits and for other purposes as provided in the Social Security Act.
(8) All money received from the federal government as a refund by virtue of § 204 of the Federal-State Extended Benefits Act of 1970 (P.L. 91-373).
(9) All money received for the Fund from any source. All moneys of the Fund shall be kept commingled and undivided.
(b) Accounts and deposits.—
(1) The Secretary of the Treasury shall be the treasurer and ex officio custodian of the Unemployment Fund. He shall maintain within the Fund three separate accounts: a Clearing Account, an Unemployment Trust Fund Account and a Benefit Account. All money collected pursuant to this chapter shall, upon receipt thereof by the Secretary of the Treasury, be immediately covered into the Clearing Account, but all interest and penalties, and ten percent (10%) of the contributions collected from employers covered by this chapter, but not by the Federal Unemployment Tax Act, shall be deposited for clearance only and shall, upon clearance, be paid over to the Special Auxiliary Fund established by § 711a of this title.
Except as otherwise provided herein, all money in the Liquidating Account shall, after liquidation, be deposited immediately with the Secretary of the Treasury of the United States to the credit of this Commonwealth in the Unemployment Trust Fund, established and maintained pursuant to § 904 of the Social Security Act, notwithstanding any other legal provisions of this Commonwealth related to the deposit, administration, release or disbursement of money in the Commonwealth’s possession or custody. Refunds payable from the Unemployment Fund by virtue of §§ 708(d)(2)(B)(iii), 709(d) and 702(k)(6)(G) of this title can be paid from the Liquidation Account or the Benefits Account. The Benefits Account shall consist of all money requisitioned from the Commonwealth’s account in the Unemployment Trust Fund for the payment of benefits and refunds existing in the United States Treasury.
(2) Except as herein otherwise provided, money in the Clearing and Benefit Accounts shall be deposited in any depositary bank in which general funds of Puerto Rico may be deposited, but no public deposit insurance charge or premium shall be paid out of the Unemployment Fund. Money in the Clearing and Benefit Accounts shall not be commingled with other Commonwealth funds, however, contributions collected under §§ 201—212 of Title 11, known as the Disability Benefits Act of Puerto Rico, may be commingled with money in the Clearing Account solely for purposes of clearance. The money in the Clearing and Benefit Accounts shall be maintained in two (2) separate accounts on the books of the depositary bank. Such money 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 debentures, direct or secured, and
(B) direct debentures of the Government of Puerto Rico. Such collateral security shall be pledged for 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 the Commonwealth. The official bond of the Secretary of the Treasury shall answer for the faithful performance of his duties in connection with the Unemployment Fund created by this chapter. Such underwriting under the official bond of the Secretary of the Treasury shall become operative as soon as this act takes effect, and any liability under such bond shall stand in addition to any other liability under any other bond existing as of the date of approval of this act or which may be given thereafter.
(c) Advances of funds from the federal unemployment account.— The Governor of the Commonwealth of Puerto Rico is hereby authorized to apply to the Puerto Rico Unemployment Fund for an advance from the federal unemployment account in the Unemployment Trust Fund pursuant to the conditions specified in Title XII of the Social Security Act in order to secure the benefits available under that Title for this Commonwealth and its citizens, and to refund any such advances as provided by § 1202 of that Title. Provided, That the Governor of the Commonwealth of Puerto Rico may delegate this function on the Secretary.
The refund of any advances applied for on and after April 1, 1982, shall include the payment of interest as provided in § 1202(b) of Title XII of the Federal Social Security Act.
(d) Withdrawals of money from the Unemployment Trust Fund.—
(1) Money requisitioned from this Commonwealth’s account in the Unemployment Trust Fund shall be used exclusively for the payment of benefits and for refunds out of the unemployment fund pursuant to §§ 709(d) and 702(k)(6)(I) of this title. The Secretary shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amounts standing to this Commonwealth’s account therein, as he deems necessary for the payment of such benefits and refunds for a reasonable future period. Upon the receipt thereof, such money shall be deposited in the Benefit Account.
(2) Any balance of money requisitioned from the Unemployment Trust Fund which remains in the Benefit Account after the expiration of the period for which it was requisitioned shall be deducted from estimates for, and utilized in the payment of, benefits and refunds during succeeding periods, or, in the discretion of the Secretary shall be redeposited with the Secretary of the Treasury of the United States, to the credit of the Commonwealth’s account in the Unemployment Trust Fund, as provided in subsection (b) of this section.
(e) Conditions of expenditure for benefit payments and refunds.— Expenditures and refunds of money from the Benefit Account and refunds from the Clearing Account shall not be subject to any provisions of law requiring specific appropriations or other formal release by Commonwealth officers of money in their custody. All checks issued for the payment of benefits and refunds shall bear the signature of the Secretary or his duly authorized agent for that purpose. The amount of any check issued for the payment of benefits or for the refund of contributions which has not been cashed within the one year period following the date on which it was issued, shall revert to the Unemployment Fund, any other provision of law to the contrary notwithstanding.
(f) Management of fund upon discontinuance of the Unemployment Trust Fund.— The provisions of subsections (a), (b), and (d) of this section, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury of the United States continues to maintain for this Commonwealth a separate book account of all funds deposited therein by this Commonwealth together with this Commonwealth’s proportionate share of the earnings of such Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all money belonging to the unemployment fund of this Commonwealth shall be administered by the Secretary as a trust fund exclusively for the purposes of this chapter, and the Secretary shall have authority to hold, invest, transfer, sell, deposit, and release such money, and any properties, securities, or earnings acquired as an incident to such administration.
(g) Unemployment compensation to veterans and federal employees.— All moneys paid to the Commonwealth of Puerto Rico by the United States pursuant to Public Law 550, 82nd Congress (66 Stat. 663) for the payment of unemployment compensation to veterans provided thereunder shall continue to be covered into the Veterans Unemployment Compensation Account kept by the Secretary of the Treasury and shall be used solely for the purposes for which they were paid. All moneys paid to the Commonwealth of Puerto Rico by the United States pursuant to Title XV of the Social Security Act, as amended, for the payment of unemployment compensation to federal employees provided thereunder shall continue to be paid into the Federal Employees Unemployment Compensation Account kept by the Secretary of the Treasury, and shall be used solely for the purposes for which they were paid.
(h) The Secretary is authorized and directed to pay over, on or before February 1, 1961, to the Secretary of the Treasury of the United States, for credit to the Puerto Rico account in the Unemployment Trust Fund, an amount equal to the excess of:
(1) The aggregate of the moneys received before January 1, 1961, in the Puerto Rico unemployment fund, including interest on any such moneys that have been invested, over
(2) the aggregate of the moneys paid from such fund before January 1, 1961, as unemployment compensation or as refunds of contributions or interest erroneously paid.
History —June 21, 1956, No. 74, p. 328, § 10; Dec. 22, 1960, No. 1, p. 1, § 11; June 8, 1962, No. 27, p. 54, § 6; June 24, 1971, No. 85, p. 257, § 7; June 15, 1972, No. 16, p. 374, § 9; Aug. 9, 1974, No. 21, Part 2, p. 646, § 5; June 24, 1977, No. 101, p. 228, § 6; July 26, 1979, No. 4, p. 924, § 8; July 9, 1982, No. 2, p. 191, § 3; May 25, 1985, No. 15, p. 46, § 2; July 15, 1988, No. 102, p. 424, § 6; Jan. 13, 2002, No. 28, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711 - Employment Security Administration Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711 - Employment Security Administration Fund
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(a) Establishment of Administration Fund.— There is hereby established in the Treasury of the Commonwealth of Puerto Rico, as a special fund, separate and apart from all other public money or funds of the Commonwealth of Puerto Rico, an Employment Security Administration Fund. The Secretary of the Treasury shall be the Treasurer and ex officio custodian of this fund. The fund shall consist of all money received from the United States or any agency thereof; any money replaced into the fund by this Commonwealth in accordance with subsection (d) of this section; all money received from any agency of the United States or any State as compensation for service or facilities supplied to such agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to property, equipment, or supplies purchased from money in such fund; and all proceeds realized from the sale or disposal of any property, equipment, or supplies purchased from money in such fund which may no longer be necessary for the proper administration of this chapter. The amount of any check issued against the Administration Fund which has not been cashed within the one year period following the date on which it was issued, shall revert to such fund, any provision of law to the contrary notwithstanding.
All money deposited or covered into this fund shall be continuously available to the Secretary for expenditure in accordance with the provisions of this chapter, and shall never lapse or be transferred to any other fund.
(b) Protection against loss.— All money in the Employment Security Administration Fund shall be secured by the depositary bank by collateral in the full amount of the funds on deposit. Such security shall consist of:
(1) United States Government debentures, direct or guaranteed, and
(2) direct debentures 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 the Commonwealth.
The Secretary of the Treasury shall be liable under his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund created hereunder. Such liability under the official bond shall be operative immediately upon the enactment of this provision, and such liability shall stand in addition to any liability upon any separate bond existing on the effective date of this provision, or which may be given thereafter.
(c) Deposit and disbursement.— Except as otherwise provided herein, all money in the Employment Security Administration Fund shall be deposited, administered, and disbursed in like manner and under the same conditions and requirements as is provided by law with respect to other special funds in the Treasury of the Commonwealth of Puerto Rico, except that money in this fund shall not be commingled with other Commonwealth funds, but shall be kept in a separate account on the books of the depositary bank. All money in this fund shall be expended solely for the purposes and in the amount found necessary by the Secretary of Labor of the United States for the proper and efficient administration of the unemployment insurance program established by this chapter, and the employment service program established by the Puerto Rico Public Employment Service Act, §§ 551—563 of this title.
(d) Reimbursement of the fund.— If any money in the Employment Security Administration Fund, paid to this Commonwealth under Title III of the Social Security Act, or under the Act of June 6, 1933 (48 Stat. 113), as amended, is found by the Secretary of Labor of the United States, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor of the United States for the proper administration of the unemployment insurance and the employment service programs, such money shall be replaced into the Employment Security Administration Fund for expenditures as provided in subsection (c) of this section. If an appropriation is necessary to replace any such money, the Secretary shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the Legislature a request for the appropriation of such amount.
(e) Transfer of money to the Employment Security Administration Fund.—
(1) Any money received prior to January 1, 1961, from the United States or any agency thereof for the administration of the public employment offices of the Commonwealth agency cooperating with the United States Employment Service, under the Act of June 6, 1933 (48 Stat. 113), as amended, which has been deposited in the Employment Service Administration Fund and remains unexpended as of such date, shall, any other provisions of law to the contrary notwithstanding, be transferred by the Secretary to the Employment Security Administration Fund as of such date.
(2) Transfer of money to the Special Auxiliary Fund. — Any money deposited in the Employment Security Administration Fund prior to January 1, 1961 (except the money transferred pursuant to clause (1) of this subsection) and remaining unobligated as of such date, shall, any other provision of law to the contrary notwithstanding, be transferred by the Secretary to the Special Auxiliary Fund established by § 711a of this title.
History —June 21, 1956, No. 74, p. 328, § 11; Dec. 22, 1960, No. 1, p. 1, § 12, eff. Jan. 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711a/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711a - Special Auxiliary Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711a - Special Auxiliary Fund
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(a) Establishment of the Auxiliary Fund.— A Special Auxiliary Fund is hereby created in the Treasury of the Commonwealth of Puerto Rico, as a special fund, separate and distinct from all other money or funds of the Commonwealth of Puerto Rico. This Fund shall consist of
(1) All money transferred to the Fund pursuant to § 711(e)(2) of this title;
(2) all interest, fines and penalties collected pursuant to this chapter subsequent to December 31, 1960;
(3) ten percent (10%) of the contributions collected pursuant to this chapter from employers not covered by the Federal Unemployment Tax Act with respect to employment prior to January 1, 1963, contributions equal to an amount of point four percent (0.4%) of the wages paid by such employers with respect to employment during the period comprise between January 1, 1963, and December 31, 1970, contributions equal to one half percent (0.5%) of the wages paid by such employers with respect to employment during the period comprised between January 1, 1971, and June 30, 1974, contributions equal to point five eighths percent (0.58%) of the wages paid by such employers during the period comprised between July 1, 1974, and June 30, 1975, and an amount of contributions equal to one half percent (0.5%) after that date and until December 31, 1978;
(4) all interest earned on any money of the Fund;
(5) all property or securities acquired in lieu of interest, fines, penalties and amounts of contributions referred to in clause (3) of this subsection, or other liabilities to the Fund;
(6) all earnings of such property or obligations;
(7) all money recovered on losses sustained by the Fund, and
(8) money received for the Fund from any other source.
Money in the Special Auxiliary Fund shall not be invested or available for investment in any manner which would result in its substitution for, or a corresponding reduction in, the federal funds made available to this Commonwealth under Title III of the Social Security Act, and under the Act of June 6, 1933 (48 Stat. 113), as amended, for the administration of the unemployment program established herein, and the employment service program established by the Puerto Rico Public Employment Service Act, §§ 551—563 of this title; Provided, That nothing provided in this section shall prevent money in the Special Auxiliary Fund from being used as a revolving fund:
(A) For expenditures necessary for the proper and efficient administration of said programs for which special funds have been requested but not yet received, subject to reimbursement out of such funds when received, and
(B) for expenditures necessary for the proper and efficient administration of programs, a portion of which is subject to reimbursement by the federal government.
(b) Deposit and disbursement.— All money in the Special Auxiliary Fund shall be deposited, administered, and disbursed in like manner and under the same conditions and requirements as is provided by law with respect to other special funds in the Treasury of the Commonwealth of Puerto Rico, except that money in this fund shall not be commingled with other funds of the Commonwealth, but shall be kept in a separate account on the books of the depositary bank. The Secretary of the Treasury shall be the treasurer and ex officio custodian of the fund. He shall be liable on his official bond for the faithful performance of his duties in connection with the fund. Such liability shall be effective January 1, 1961, and shall exist in addition to any other liability upon any separate bond existing on such date or thereafter.
Money in the Special Auxiliary Fund shall be continuously available to the Secretary for:
(1) The payment of any refunds other than those payable from the unemployment fund pursuant to § 709(d) of this title;
(2) expenditures in connection with the administration and improvement of the unemployment insurance, employment service and other related programs, for which granted funds are not available, and
(3) replacement of any money received by this Commonwealth pursuant to Title III of the Social Security Act and pursuant to the Act of June 6, 1933 (48 Stat. 113), as amended, which the Secretary of Labor of the United States finds, because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the unemployment insurance and employment service programs.
History —June 21, 1956, No. 74, p. 328, added as § 12 on Dec. 22, 1960, No. 1, p. 1, § 13; June 8, 1962, No. 27, p. 54, § 7; June 24, 1971, No. 85, p. 257, § 8; June 15, 1972, No. 16, p. 374, § 10; Aug. 9, 1974, No. 21, Part 2, p. 646, § 6; June 24, 1977, No. 101, p. 228, § 7; July 26, 1979, No. 4, p. 924, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711b/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711b - Fund for the payment of interest on loans
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711b - Fund for the payment of interest on loans
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(a) Creation.— A special fund is hereby created which shall constitute the Fund for the Payment of Interest on Loans. This fund shall be used exclusively to pay the interest due on the advances of funds requested pursuant to the provisions of § 1202 of Title XII of the Social Security Act. Said fund shall consist of:
(1) All moneys collected as provided in subsection (b) of this section;
(2) all interest accrued on any money in the Fund;
(3) all moneys for losses collected by the Fund, and
(4) all money received by the Fund from any other source.
(b) Computation and notice.— Every employer shall contribute an amount to the Fund that shall be computed by multiplying the wages paid by him to his employees times the percentage to be determined by dividing the amount of interest that shall be paid, by the total wages paid by all employers in Puerto Rico during the next to the last calendar year.
This contribution shall be remitted as part of the unemployment compensation tax starting with the quarter immediately after the quarter in which the advance of funds is requested, and shall be subject to the imposition of interest, penalties and surcharges applicable to said tax. The Secretary of Labor and Human Resources shall determine by administrative order the employers’ quarterly contribution to the Fund created hereunder. Said administrative order shall be given full disclosure.
(c) Disbursements from the Fund.— All moneys in this Fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements provided by law with respect to other special funds in the Treasury of the Commonwealth of Puerto Rico. The Secretary of the Treasury shall be the Treasurer and ex officio custodian of the Fund. He shall be liable under this official bond for the faithful compliance with his duties with regard to the Fund. This responsibility shall be effective as soon as this law is enacted, and shall endure in addition to any other liability under any other separate bond in existence as of the date of approval of this act, or that may be given subsequently. The moneys in this Fund shall be available to the Secretary for:
(1) The payment of interest on the advances of funds received on or after April 1, 1982, and
(2) the payment of any other reimbursement that must be paid from this same Fund.
History —June 21, 1956, No. 74, p. 328, added as § 12A on May 25, 1985, No. 15, p. 46, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711c/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711c - Employment and Training Opportunities Development Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711c - Employment and Training Opportunities Development Fund
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(a) Establishment of the Fund.— An Employment Opportunities Development Fund is hereby created in the Department of the Treasury of the Commonwealth of Puerto Rico, as a special fund, separate and distinct from all other moneys or funds of the Commonwealth of Puerto Rico. This fund shall consist of:
(1) All moneys arising from the portion of the special tax collected by virtue of § 708(h)(1) of this title;
(2) any interest accrued on any moneys in the Fund;
(3) any property or securities acquired in lieu of interest, fines, penalties or other obligations to the Fund, and
(4) moneys received for the Fund from any other source.
The moneys in the Fund shall not be invested nor shall they be available for investment in any manner that would result in the substitution thereof, or in a corresponding reduction of the federal funds available to this Commonwealth under Title III of the Social Security Act and under the Act of June 6, 1933 (48 Stat. 113) amended, for the administration of the unemployment program established by this chapter and the employment service program established by the Puerto Rico Public Employment Service Act, §§ 551 et seq. of this title.
(b) Deposit and disbursement.— All moneys in the Employment Opportunities Development Fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements provided by the act with respect to other special funds in the Department of the Treasury of the Commonwealth of Puerto Rico, except that the moneys in this Fund shall not be consolidated with other funds of the Commonwealth, but shall be kept in a separate account in the books of the depository bank. The Secretary of the Treasury shall be the Treasurer and ex officio custodian of the Fund. He/she shall be accountable, under his/her official bond for the faithful compliance of his/her duties with respect to the Fund. Said accountability shall be effective January 1, 1991 and shall exist in addition to any other accountability under any separate bond existing on that date or subsequently.
The money in the Fund shall be continually at the disposal of the Secretary, solely and exclusively for activities coordinated by the Employment Services of the Department of Labor and Human Resources directed to:
(1) Promote employment opportunities in occupations with future possibilities as officially identified by the Department of Labor and Human Resources;
(2) promote jobs that are in demand in the present market;
(3) promote the creation of high productivity employment opportunities;
(4) promote employment and training opportunities for the elderly;
(5) promote the employment and training of young people between the ages of 16 and 24 and of those persons who regardless of their age seek employment for the first time, and
(6) promote employment opportunities for ex-convicts.
(c) Use of the Fund.— Given the nature and origin of the funds, their use and allocation shall be consistent with the statutory provisions of the Federal Unemployment Tax Act. The moneys of the Fund shall be used for the creation of an employment and training opportunities program in the public and private sectors, as provided by the Secretary through regulations. The program thus established shall include elderly persons, as said term is defined in §§ 1976—1976m of Title 3, and shall provide for their training and re-training. Said moneys may also be used to keep existing jobs, extend the term thereof, and modify compensation as a provisional remedy in situations that may involve potential job loss, when warranted in the Secretary’s judgment.
The Secretary may also use said funds to subsidize the purchase and maintenance of equipment, machinery, air, land or sea transportation vehicles, tools and instruments needed for the creation or permanence of jobs.
The Secretary may also use said funds to bolster and improve the programs administered by the Employment Security Bureau and other necessary expenses related to the administration of the Fund.
An item for indirect costs chargeable to the Fund may be created to defray support services offered by the different administrative components of the Department of Labor and Human Resources to Employment Development Bureau.
For the aforementioned purposes, the Secretary is hereby authorized to establish and approve such regulations he/she deems necessary, without being subject to the provisions of §§ 2101 et seq. of Title 3, better known as the “Uniform Administrative Procedures Act”. The regulations promulgated shall provide for the granting of incentives to employers in industry, trade, banking, and others who offer employment and training to the elderly. The Secretary shall request assistance and collaboration from the Office for Elderly Affairs when adopting regulations with respect to the elderly.
In order to benefit from this fund, the participant shall register in an Employment Service Office of Puerto Rico.
The Secretary shall establish fiscal and evaluating mechanisms for the effective administration and use of the Fund established herein and shall promulgate the necessary regulations in order to grant incentives to employers in industry, trade, banking, and others who offer employment and training to elderly persons.
Provided, further, that when said funds are used to benefit the private sector, a reserve equal to sixty percent (60%) of the funds allocated to the private sector shall be created to fund proposals submitted by micro, small-, and medium-sized businesses as provided by the Secretary through regulations. For purposes of this section, micro, small-, and medium-sized businesses shall have the meaning established by the Puerto Rico Trade and Export Company.
For the aforementioned purposes, the Secretary is hereby authorized to establish and approve any regulations he/she may deem necessary, without being subject to the provisions of §§ 2101 et seq. of Title 3, for the effective granting of said funds to small- and medium-sized businesses.
History —June 21, 1956, No. 74, p. 328, added as § 12B on Aug. 9, 1991, No. 52, § 2; Nov. 17, 1993, No. 93, § 1; Sept. 28, 1994, No. 115, § 1; July 26, 1996, No. 76, § 1; Aug. 26, 2005, No. 81, § 1; Dec. 26, 2006, No. 285, § 1; June 11, 2014, No. 62, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711d/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711d - Administrative Expenses Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711d - Administrative Expenses Fund
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(a) Establishment of the Fund.— An Administrative Expenses Fund is hereby created in the Treasury of the Commonwealth of Puerto Rico, which shall be a special, separate and distinct fund from all other moneys or funds of the Commonwealth of Puerto Rico. This Fund shall consist of:
(1) All money proceeding from the special tax collected by virtue of § 708(h)(2) of this title;
(2) all interest accrued on any money of the Fund;
(3) all property or securities acquired in lieu of interest, fines, penalties or obligations to the Fund, and
(4) money received for the Fund from any other source.
The money in the Administrative Expenses Fund shall not be invested nor shall be available for investment in any manner that results in the substitution thereof, or in a corresponding reduction of the Federal funds available to this Commonwealth under Title III of the Social Security Act and under the Act approved June 6, 1933 (48 Stat, 113) amended, for the administration of the unemployment program established by this chapter and the employment service program established by §§ 551 et seq. of this title.
(b) Deposit and disbursement.— All the money in the Administrative Expense Fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements provided by law with respect to other special funds in the Treasury of the Commonwealth of Puerto Rico, except that the money in this Fund shall not be consolidated with other Commonwealth funds, but shall be kept in a separate account in the books of the depositary bank. The Secretary of the Treasury shall be the Treasurer and the ex officio custodian of the Fund. He shall be accountable, under his official bond, for the faithful compliance of his duties with regard to said Fund. Said accountability shall be effective January 1, 1992, and shall exist in addition to any other accountability under any separate bond existing on that date or subsequently.
The money in the Administrative Expenses Fund shall be continually at the disposition of the Secretary solely and exclusively for the administration of the Employment Opportunity Development Fund created by virtue of § 711c of this title.
The Secretary of the Treasury shall be accountable, under his official bond, for the faithful compliance of his duties with regard to the Administrative Expenses Fund created by this section. Said accountability under his official bond shall be effective immediately upon the approval of this provision, and the same shall be in addition to any other accountability imposed under any other separate bond existing on the effective date of this provision, or that could be imposed in the future.
(c) Use of the Fund.— All the moneys belonging to this Fund shall be used exclusively for the purposes and in those amounts that the Secretary determines are necessary for the proper and efficient administration of the Employment Opportunities Development Fund established by § 711c of this title.
History —June 21, 1956, No. 74, p. 329, added as § 12C on Aug. 9, 1991, No. 52, § 2; July 9, 1992, No. 16, § 2; Nov. 17, 1993, No. 93, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/711e/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 711e - Authorized release from payment of interest, penalties, and surcharges
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711e - Authorized release from payment of interest, penalties, and surcharges
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(a) Any employer covered under the experience system of the Employment Security §§ 701 et seq. of this title, who has failed to file tax statements for any quarter between January 1, 2009, and December 31, 2011, or who filed the same, but omitted information about the wages paid to his/her employees, shall have the option of filing the statements and paying the taxes by availing him/herself of the provisions of subsection (c) of this section.
(b) Any employer, who, having filed his/her tax statement, has failed to pay the appropriate tax, may pay the same and avail him/herself of the provisions of subsection (c) of this section.
(c) Employers covered under the experience system that have no payment plan with the Department of Labor and Human Resources, have accrued their debt between January 1, 2009, and December 31, 2011, and opt to settle their debt in full on or before October 1, 2012, are hereby released from payment of interest on the principal. With regard to the debt accrued over said period-consisting of penalties and surcharges-a release equal to forty percent (40%) of the total amount of penalties and surcharges is hereby granted, if the employer pays off the indebted amount on or before October 1, 2012. It is hereby provided that, for debts accrued before December 31, 2008, such employers shall only pay the principal amount owed, if they pay such principal amount in full on or before October 1, 2012.
(d) Pursuant to § 702(i) of this title, it is hereby determined that any employers that have not registered with the Bureau of Employment Security and has no employer identification number, may make a voluntary statement and apply for registration as employer to be able to avail themselves of the benefits granted for the payment of taxes provided in this chapter.
History —June 21, 1956, No. 74, p. 328, added as § 12D on Aug. 9, 1991, No. 52, § 4; Aug. 4, 2012, No. 151, § 1.
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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 47 - Employment Security Act (§§ 701 — 717)›§ 712 - Administrative organization
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 712 - Administrative organization
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(a) Bureau of Employment Security of Puerto Rico.— There is hereby created in the Department of Labor and Human Resources a bureau to be known as the Bureau of Employment Security of Puerto Rico with two coordinate divisions namely: the Unemployment Insurance Division and the Employment Service Division. The Employment Service Division of the Bureau hereby created shall be composed of the Employment Service of Puerto Rico affiliated with the United States Employment Service as established and organized under §§ 551—563 of this title. All authority, responsibility and administrative functions conferred on the Employment and Migration Bureau of the Department of Labor and Human Resources pursuant to said §§ 551—563 of this title for the administration of the Employment Service of Puerto Rico, are hereby transferred to the Bureau of Employment Security of Puerto Rico herein created. The Secretary may coordinate the functions and reorganize the activities of the Bureau of Employment and Migration not properly devolving upon the Employment Service of Puerto Rico as provided by §§ 301—303 of Title 3. The transfer of the Employment Service of Puerto Rico and of the responsibility, authority and administrative functions exercised with respect to its administration by the Bureau of Employment and Migration of the Department of Labor and Human Resources, to the Bureau of Employment Security, shall become effective on January 1, 1957. Upon such transfer, the personnel of the Employment Service of Puerto Rico shall maintain the status and all their vested rights under the provisions of the Puerto Rico Personnel Act.
The Secretary shall appoint the Director of the Bureau in accordance with the Personnel Act. The director shall administer and conduct the bureau under the direction and supervision of the Secretary and shall devote all his time to the duties of his office for the compensation received. The director is hereby empowered to delegate his responsibilities under §§ 705 and 707 of this title to examiners appointed by the Secretary and to delegate such other functions as may be authorized by the Secretary.
(b) Advisory council.— The Secretary shall appoint an advisory council composed of men and women which shall include an equal number of employer representatives and employee representatives who may fairly be regarded as such representatives because of their vocation, employment or affiliation, and of such members representing the public interest as the Secretary may deem it expedient to designate. Such council shall assist the Secretary in formulating policies and solving problems related to the administration of the Employment Security program and in assuring impartiality, neutrality, and freedom from partisan influence in the solution of such problems. The Secretary may also appoint special councils to perform specific services. Members of such advisory councils shall serve without compensation but shall be paid a per diem of twenty dollars ($20) plus travelling expenses incurred in the discharge of their duties. The advisory council shall meet as frequently as the Secretary deems necessary but never less than twice each year. The advisory council shall make reports on its meetings, such reports to include a record of its deliberations and its recommendations. The Secretary shall keep such reports available to all interested persons or groups. Neither the advisory council nor the special councils shall exercise administrative functions.
History —June 21, 1956, No. 74, p. 328, § 12, renumbered as § 13 on Dec. 22, 1960, No. 1, p. 1, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/713/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 713 - Administration
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 713 - Administration
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(a) Duties and powers of the Secretary.—
(1) It shall be the duty of the Secretary to administer this chapter; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, devise such methods of procedure, and take such other measures as he deems necessary and suitable to that end. The Secretary shall determine his own organization pursuant to § 712(a) of this title; he may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter, and may, in his discretion, require a bond of any person handling money or signing checks. The Secretary shall have an official seal which shall be judicially noticed.
(2) The Secretary shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and of §§ 551—563 of this title.
(3) Not later than October 15 of each year, the Secretary shall submit to the Governor and to the Legislature a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as he deems proper.
(b) Research and publications.—
(1) The Secretary shall, with the advice and assistance of the advisory council, study and make recommendations on the most effective methods of providing economic security through the unemployment insurance, employment service, and related programs and shall take appropriate steps to promote the placement of unemployed workers throughout the Island in every feasible way; and to these ends he shall carry on researches and surveys and publish the results thereof. The Secretary shall establish within the Bureau of Employment Security a unit of Technological Unemployment Research which shall:
(A) Make social, economic and technical studies necessary to determine the specific sectors of the Puerto Rico economy in which unemployment due to technological changes will occur, and
(B) make recommendations for the alleviation of such unemployment.
(2) The Secretary shall cause to be printed for distribution to the public the text of this chapter, his rules and regulations, his annual reports to the Governor and the Legislature, and any other material he deems relevant and suitable, and shall furnish same on request.
(c) Adoption, amendment, and rescission of general and special rules and regulations.— General and special rules may be adopted, amended, or rescinded by the Secretary after public hearings duly announced and opportunity to be heard thereon. General rules shall become effective ten (10) days after their filing with the Secretary of State and their publication in one or more newspapers of general circulation in Puerto Rico. Special rules shall become effective ten (10) days after their notification or mailing to the last known address of the individuals or employing units affected thereby. Regulations may be adopted, amended, or rescinded by the Secretary and shall become effective as and at the time prescribed by him.
(d) Personnel and merit system.— In accordance with the requirements of the Personnel Act of this Commonwealth and pursuant to the authority granted under subsection (a) of this section, the Secretary shall appoint, fix the compensation, and prescribe the duties and powers of such officers, employees, and other persons as may be necessary in the performance of his duties under this chapter; Provided, That in cooperation with the Office of Personnel, the Secretary shall take such action as may be necessary to meet the personnel standards promulgated by the Secretary of Labor of the United States pursuant to Title III of the Social Security Act and the Act of June 6, 1933 (48 Stat. 113), as amended.
(e) Personnel for the collection of contributions.— The Secretary of the Treasury shall appoint the personnel necessary for the discharge of the functions assigned to him by this chapter.
Subject to the provisions of § 711(c) of this title, the Secretary may use money in the Employment Security Administration Fund, established by § 711 of this title, for the compensation of such personnel to the extent that he believes their services are necessary for the proper and efficient administration of this chapter.
(f) Political activity prohibited.—
(1) No officer or employee working in the administration of this chapter may:
(A) 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
(B) directly or indirectly coerce, attempt to coerce, direct 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 politics management or political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political issues and candidates.
For the purposes of this subsection, the term “officer or employee” shall not include:
(A) The Governor;
(B) 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;
(C) officers holding elective offices.
(2) Any officer or employee working in the administration of this chapter who violates the provisions of this subsection shall be immediately removed from office, and thenceforth 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.
(3) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the competitive service.
(4) No person shall directly or indirectly use 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.
(5) Any person who shall directly or indirectly coerce, attempt to coerce, or direct any officer or employee working in the administration of this chapter 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, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in jail for a term not exceeding one year, or by both penalties.
(g) Records and reports of employment units.—
(1) Each employment unit shall keep true and accurate accounting records covering such periods of time and containing such information as the Secretary may prescribe. Such records shall be open to inspection by the Secretary or his authorized representative and kept available for said officials to copy the same at any reasonable time and as often as necessary. Provided, That for purposes of this subsection, “accounting records” mean those books and records classified as such in accounting practice, including financial statements, declarations and reports filed at other agencies of the Commonwealth of Puerto Rico or of the federal government, or any other document related to the operations of the business, that may be useful for the best administration of this chapter.
(2) The Director, a referee, or the Secretary may require from any employing unit, with respect to persons who are performing or have performed service for it, any sworn or unsworn reports deemed necessary for the effective administration of this chapter.
(3) It shall be presumed that any employment unit which fails to keep the accounting records required by clause (1) of this subsection shall constitute an employer under obligation to pay the taxes, interest and penalties prescribed by this chapter.
(4) Any employing unit which fails to render any report required in accordance with the regulation approved by the Secretary, with the exception of contribution reports, or who fails to report the wages paid to any of its employees in accordance with such regulation, unless the Director determines that the omission has been due to reasonable cause and not to voluntary oversight of the employing unit, shall be bound to pay a penalty of five dollars ($5.00) for each report not rendered or employee omitted. This penalty shall be collected in the manner provided for in subsections (b) and (c) of § 709 for the collection of the contributions, interests and penalties imposed by subsections (a), (b) and (d) of § 708 and § 709(a) of this title.
(h) Preservation and destruction of records.—
(1) The Secretary may cause to be made such summaries, compilations, photographs, duplicates, reproductions, and transcripts of any records and reports he may deem advisable for the effective and economical preservation of the information contained therein; and such summaries, compilations, photographs, duplicates or reproductions, duly authenticated, shall be admissible in any proceedings under this chapter where the original record or records be admissible.
(2) The Secretary may provide by regulation for the destruction after reasonable periods of time of any records, reports, transcripts, or other documents in his custody or reproduction thereof whose preservation is no longer necessary for the establishment of contribution liability or benefit rights or for any other purpose necessary to the proper administration of this chapter, including the record of any required audit thereof.
(i) Authority to administer oaths and issue subpoenas.—
(1) In the discharge of the duties imposed by this chapter, the Secretary or his duly authorized representative and a referee shall have power to administer oaths and affirmations, take depositions, attest to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed relevant as evidence in connection with a disputed claim or with the administration of this chapter.
(2) In case of contumacy on the part of any person during a hearing or other investigation under this chapter, or if any person disobeys a subpoena issued to him hereunder, the Secretary or his duly authorized representative may, on their behalf or on behalf of a referee, upon his request, move for a judicial order which may be issued by any court of Puerto Rico within whose jurisdiction the hearing or investigation is being carried on, or within whose jurisdiction the person guilty of contumacy or of disobedience to the subpoena is found, resides, or transacts business. The order may command such person to appear before the official who is conducting the hearing or investigation, to produce records or other evidence if so ordered by such official, and to give testimony regarding the matter in issue at the hearing or under investigation. Failure to obey such judicial order may be punished as for contempt by said court.
(3) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before a referee or before the Secretary or his duly authorized representative, or in obedience to a subpoena issued by any of them, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or put in jeopardy of penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed while so testifying.
(j) Agency representative before courts.—
(1) In any civil action to enforce this chapter and in any proceedings for judicial review under §§ 706(i), 708(e), 709(f) and 713(g)(4) of this title, the Secretary and the Government of Puerto Rico may be represented by any qualified attorney retained and assigned by the Secretary for this purpose; or if the action is brought in the courts of any state, then by an attorney qualified to appear before the courts of that state.
(2) All criminal actions for violation of any provision of this chapter, or of any rules or regulations promulgated hereunder, shall be prosecuted by the Secretary of Justice; or, at his behest and under his direction, by the prosecutor of any jurisdiction where the employing unit has its place of business or where the offender resides.
(k) Disclosure of information.— Except as otherwise provided in this chapter, any information obtained from any employing unit or individual on the administration of this chapter and determinations as to the benefit rights of any individual, shall be held confidential and shall not be disclosed or open to public inspection in any way that reveals the individual’s or the employing unit’s identity. Any claimant or his legal representative shall be supplied with information from the records of the Department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter related to such claim.
Subject to such restrictions as the Secretary may, by regulations, prescribe:
(1) Information may be made available to any agency of Puerto Rico or any federal or state agency charged with the administration of a similar unemployment insurance program or the maintenance of a system of public employment offices, and for the purposes of the Federal Unemployment Tax Act, the Internal Revenue Service of the Department of the Treasury of the United States, and
(2) information obtained in connection with the administration of the Employment Service may be made available to persons or agencies for purposes related to the operation of a public employment service. Upon request therefor, the Secretary shall furnish to any United States agency charged with the administration of public works or public-employment relief, the name, address, regular occupation, and employment status of each recipient of benefits under this chapter.
Upon request therefor and for the purposes of determining the eligibility to benefits under the Food Stamp Act of 1977, the following information or any part thereof shall be furnished from the agency records to the agency in charge of the administration of said act:
(A) Wage information.
(B) Benefits receivable under this chapter, whether potential benefits or those already received.
(C) Claimant’s address.
(D) If he has refused any job offer, description of the job offered, wages, terms and conditions thereof.
Upon request therefor, the Secretary shall furnish the agency in charge of the Child Support Program, under a plan described in § 454 of the Social Security Act, approved under Part D of Title IV of said act, any information on employment and wages of the claimant needed to locate the person who owes said child support, to establish his obligation, and collect the same.
The Secretary shall prescribe through regulations the safeguards to insure that the information disclosed shall be used by the employees and officials of said agencies solely for the above-stated purposes.
The Secretary is hereby authorized to require the corresponding reimbursement for this service.
Upon request therefor, information which in the judgment of the Secretary will not impede the operation nor be inconsistent with the purposes of the employment service and unemployment insurance programs, may be furnished to other government agencies, for their internal use only; but the information so furnished shall be held confidential and shall not be disclosed in any manner whatsoever.
The Secretary may remit a copy of any return or report of any national banking association, rendered pursuant to the provisions of this chapter to the Comptroller of the Currency of the United States and request him to cause an examination to be made of the correctness of such return or report.
With the intention of verifying the beneficiary’s eligibility or social welfare benefits of a person, the Secretary shall furnish information from the wage records and benefits received by said person to any agency in charge of the administration of the following programs: Medicaid, Aid to Families with Dependent Children (AFDC) and Titles I, X, XIV and XVI of the Social Security Act. The Secretary shall see to the establishing of safeguards that will guarantee that the information furnished shall be protected against unauthorized disclosure, and shall also establish an accounting system for the recovery of the costs of providing agencies with such information.
(l) Disclosure of information to the Legislature or legislative committees.— At the request of the House, the Senate or any committee of either or both, in connection with an investigation of the administration or operations of the Puerto Rico unemployment insurance and employment service programs, the Director shall furnish such information as is necessary for the purpose of such investigation, except information revealing the identify of individuals or employing units.
(m) Federal-state cooperation.—
(1)
(A) In the administration of this chapter the Secretary shall cooperate to the fullest extent consistent with the provisions hereof with the United States Department of Labor, and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure for the Commonwealth of Puerto Rico and its citizens all the advantages deriving from such cooperation, including among them, those available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Insurance Act of 1970.
(B) In the administration of the provisions of § 716c of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Insurance Act of 1970, the Secretary shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and to secure for the Commonwealth of Puerto Rico the full reimbursement of the federal share of extended, regular and additional benefits paid under this chapter that are reimbursable under the federal act.
(2) The Secretary is hereby authorized to make such investigations, obtain and transmit such information, make available such services and facilities, and exercise such other powers provided herein with respect to the administration of this chapter as he deems necessary or appropriate to facilitate the administration of any state or federal public employment or unemployment insurance law, and likewise to accept and utilize information, services, and facilities made available to the Commonwealth of Puerto Rico by the agency charged with the administration of any such other public employment service or unemployment insurance law.
(3) The Secretary shall comply with the requirements of the Secretary of Labor of the United States relating to receipt or expenditure by this Commonwealth of money granted under Title III of the Social Security Act and the Act of June 6, 1933 (48 Stat. 113), as amended, and shall make such reports, in such form and containing such information as the Secretary of Labor of the United States may from time to time require, and shall comply with such provisions as the Secretary of Labor of the United States may from time to time find necessary to assure the correctness and verification of such reports. The Secretary shall afford reasonable cooperation with every agency of the United States charged with the administration of any employment security law.
History —June 21, 1956, No. 74, p. 328, § 13; June 30, 1959, No. 104, p. 296, § 5; renumbered as § 14 and amended on Dec. 22, 1960, No. 1, p. 1, §§ 13—16; June 8, 1962, No. 27, p. 54, § 8; June 6, 1967, No. 102, p. 330, § 14; June 24, 1971, No. 85, p. 257, § 9; June 15, 1972, No. 16, p. 374, § 11; June 22, 1981, No. 15, p. 103, § 6; July 9, 1985, No. 95, p. 300, § 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 III - Social Security (§§ 611 — 726f)›Chapter 47 - Employment Security Act (§§ 701 — 717)›§ 714 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 714 - Penalties
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(a) Misrepresentation to obtain benefits.— Any person who knowingly makes a statement or provides any information on any material fact that is false, or knowingly conceals some material fact with intent to defraud, to obtain some benefit or an increase thereof under this chapter or under the Employment Security Act of any state or the federal government or a foreign government, for himself or for any other person, shall incur the penalty prescribed by Section 166(a) of the Penal Code of Puerto Rico on aggravated misappropriation, for the appropriation of property and public funds belonging to the Government of the Commonwealth of Puerto Rico, obtained by him of said other person; and each of said false statements and information and concealment of material facts shall constitute a separate offense; Provided, however, That said penalty shall not be imposed in any case which has been disqualified under § 704(b)(7) of this title.
(b) Misrepresentation by employment unit or employer.— Any employment unit, employer, or any officer or agent of an employment unit or employer, as well as any other person, who gives a false statement or information knowing them to be false, or who knowingly conceals a material fact so as to defraud an individual with the purpose of avoiding or reducing the payment of benefits to which such an individual would otherwise be entitled, or to avoid becoming or remaining an employer subject to this chapter, or to avoid or reduce any taxes or other payments required from an employment unit under this chapter or under the employment security act of any state or of the federal government, or of any foreign government, or who willfully fails or refuses to pay any taxes or make other payment or to furnish any reports required hereunder or to produce or permit the inspection or the acquisition of copies of reports as required hereunder, shall be sanctioned with a term of imprisonment of one (1) year or with a fine of up to five thousand dollars ($5,000), or both penalties at the discretion of the court and each instance of providing information or statements, or of concealment of a material fact, and each day such failure or refusal to provide the information required continues shall constitute a separate offense.
(c) In addition to any other penalty fixed by this chapter, if any person violates or attempts to violate, evades, or attempts to evade any of the provisions of this chapter, including misrepresentation, or if the person knowingly causes another person to violate clause (1), (2), (7) or (10) of § 708(g) of this title, or any other provision of this chapter regarding the determination of the tax rate designation, shall be imposed the following penalties:
(1) If the person is an employer, such employer shall be immediately designated with the maximum tax rate under this chapter for the taxable year in which said violation or attempted violation occurred and for the three (3) taxable years following said year. However, if the business or commercial enterprise is under the maximum tax rate for any of the three (3) taxable years, then an additional two percent (2%) penalty shall be imposed to the maximum tax over the taxable wages for said year(s).
(2) This employer shall also reimburse fifty percent (50%) of the taxes unpaid or which he/she has attempted not to pay plus the interest and penalties resulting from said amount.
(3) If a person other than an employer knowingly acquires a business or commercial enterprise solely or primarily for the purpose of obtaining a lower tax rate, such person shall be subject to a civil fine of ten thousand dollars ($10,000) or to the payment of fifty percent (50%) of the taxes unpaid or which he/she has attempted not to pay, whichever is higher, and said action shall be deemed to be a felony with a maximum penalty of three (3) years of imprisonment or a fine of fifteen thousand dollars ($15,000), or both penalties, at the discretion of the court.
(4) If the agency finds that any person, commercial entity, or tax return preparer (as defined in § 708(g)(14) of this title) knowingly urges or advises another person or commercial entity to violate any of the provisions of this chapter, any of the above shall be imposed a penalty of five thousand dollars ($5,000) or ten percent (10%) of the amount resulting from any tax deficiency, with the respective penalties and interest, whichever is greater, in addition to any other penalties provided by this chapter, and shall be guilty of a felony and be sanctioned with a maximum term of imprisonment of five (5) years or with a fine of twenty-five thousand dollars ($25,000), or both penalties, at the discretion of the court.
(d) Noncompliance with a subpoena.— Any person who without a just cause fails to appear or refuses to appear and testify or answer any inquiry or to produce books, papers, correspondence, memoranda, and other records, if being able to do so, in response to a subpoena of the Secretary or of his/her duly authorized representative or of an arbiter, shall be sanctioned with a maximum term of imprisonment of thirty (30) days or with a fine of not less than two hundred dollars ($200) nor greater than one thousand dollars ($1,000), or both penalties, at the discretion of the court, and each day such a failure or refusal continues shall constitute a separate offense.
(e) The penalties under these subsections shall be in addition to any other penalty and be subject to the same collection procedures that apply to due and unpaid taxes. The penalties shall be paid to the agency within thirty (30) calendar days after the determination is made and be accredited to the Unemployment Fund. The determination of a penalty shall be final unless the employer files an appeal within thirty (30) days after the determination is made. The procedures for appeals shall be carried out pursuant to § 706(f) of this title.
(f) Violation of law, rules and regulations.— Any person who wilfully violates any provision of this chapter or any order, rule, or regulation promulgated hereunder, whose violation is made unlawful or whose observance is required by this chapter, and for which a penalty is not prescribed in this chapter or in any other applicable statute, shall be punishable by imprisonment in jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both penalties, in the discretion of the court; and each day such violation continues shall constitute a separate offense.
(g) Unauthorized disclosure of information.— If any official or employee of the Department of Labor and Human Resources, in violation of the provisions of § 713(k) of this title, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter or if any person who has obtained any list of applicants for work, or of claimants or recipients of benefits under this chapter, uses or permits the use of such list for any purpose not authorized by § 713(k) of this title, shall be punished by imprisonment in jail for a maximum term of one year or by a fine not to exceed one thousand dollars ($1,000), or by both penalties, in the discretion of the court.
History —June 21, 1956, No. 74, p. 328, § 14, renumbered as § 15 and amended on Dec. 22, 1960, No. 1, p. 1, §§ 13, 17; July 26, 1979, No. 4, p. 924, § 10; Sept. 16, 2005, No. 114, § 6, retroactive to July 1, 2005.
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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 47 - Employment Security Act (§§ 701 — 717)›§ 715 - Reciprocal arrangements
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 715 - Reciprocal arrangements
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(a) Interstate benefit payments.— The Secretary is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter, and facilities and services provided under the employment security act of any state may be utilized for the making of claims and the payment of benefits under this chapter or under the employment security act of such state.
(b) Combining of wage credits.— The Secretary shall participate in reciprocal arrangements with the appropriate and duly authorized agency of any state for the payment of compensation on the basis of combining an individual’s wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies, as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for:
(1) Applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment laws, and
(2) avoiding the duplicate use of wages and employment by reason of such combining.
Reimbursements paid from the Unemployment Fund pursuant to this subsection shall be deemed to be benefits for the purposes of this chapter.
(c) Reciprocal coverage under the law.— The Secretary is hereby authorized to enter into reciprocal arrangements with the appropriate and duly authorized agency of any state or of the federal government, or both, whereby, notwithstanding the provisions of § 705(k) of this title:
(1) Service performed by an individual for a single employing unit for which service is customarily performed by such individual in more than one jurisdiction shall be deemed to be service performed entirely within any one of the jurisdictions in which:
(A) Any part of such individual’s service is performed, or
(B) such individual has his residence, or
(C) the employing unit maintains a place of business; provided, there is in effect, as to such service, an approval election by an employing unit with the acquiescence of such individual, by virtue of which service performed by such individual for such employing unit is deemed to be performed entirely within such jurisdiction, and
(2) service performed by one or more individuals on any portion of a day for a single employing unit which customarily operates in more than one jurisdiction shall be deemed to be service performed entirely within the jurisdiction in which such employing unit maintains the headquarters of its business; provided, there is in effect, as to such service, an approved voluntary election by an employing unit with the affirmative consent of each such individual, by virtue of which service performed by such employing unit is deemed to be performed entirely within such jurisdiction.
(d) Revision of reciprocal arrangements.— If after entering into an arrangement under subsections (a), (b), or (c) of this section, the Secretary finds that the employment security act of any state or of the federal government participating in such arrangement has been changed in a material respect, the Secretary shall make a new finding as to whether such arrangement shall be continued with such state or with the federal government.
History —June 21, 1956, No. 74, p. 328, § 15, renumbered as § 16 on Dec. 22, 1960, No. 1, p. 1, § 13; June 24, 1971, No. 85, p. 257, § 10; June 15, 1972, No. 16, p. 374, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/716/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 716 - Surveys in charge of the Secretary
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 716 - Surveys in charge of the Secretary
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The Secretary is hereby directed to make, immediately after the taking effect of this act, actuarial surveys for the purpose of determining the feasibility of extending the provisions of this chapter to the employing units and services excluded from same.
History —June 21, 1956, No. 74, p. 328, § 16, renumbered as § 17 on Dec. 22, 1960, No. 1, p. 1, § 13, eff. Jan. 1, 1961.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/716a/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 716a - Addition to the duration of benefits in a special unemployment situation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 716a - Addition to the duration of benefits in a special unemployment situation
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(a) Special unemployment situation (nonagricultural).—
(1) The Secretary shall designate as special unemployment situations, those resulting from the displacement of workers due to technological progress and/or by the permanent disappearance of an industry, establishment or occupation in which there has occurred or is about to occur a reduction in the job opportunities, or a replacement of workers as consequence of technological progress, of such magnitude as to require that special measures be taken to prevent grave and serious hardship to the affected workers. Such designation shall be made according to the standards set forth in paragraphs (A), (B), (C) and (D) of this clause. It shall be understood for the purposes of this section that such special unemployment situations shall only be designated when said unemployment is not of a seasonal, or temporary nature, and as a result of same:
(A) One hundred (100) or more job opportunities are eliminated at a particular establishment during any period of twelve (12) consecutive months; or
(B) where the nature of the industry prevents the unemployment situation from being designated under the provisions of paragraph (A) and the job opportunities at said industry are reduced during any period of twelve (12) consecutive months by over five hundred (500) job opportunities and the average covered employment at such industry during said period of twelve (12) consecutive months is reduced by more than fifteen percent (15%); or
(C) two hundred (200) or more job opportunities are eliminated at a particular occupation during any period of twelve (12) consecutive months, or
(D) when in an establishment thirty-five (35) or more workers have been displaced, directly or indirectly, because of technological progress.
(2) Notwithstanding the provisions of clause (1)(A) of this subsection, if after the corresponding investigation the Secretary determines that extremely unfavorable conditions of employment exist at that particular situation on account of:
(A) The nature of the skills of the workers concerned;
(B) their geographical isolation, or
(C) for similar reasons, the Secretary may decide that there exists a special unemployment situation even in those cases where between fifty (50) and one hundred (100) job opportunities are eliminated at an establishment during any period of twelve (12) consecutive months.
(3) The Secretary shall determine whether a special unemployment situation exists as to any establishment, industry, or occupation, upon application by any of the workers involved or their representatives or by an employer. The Secretary shall make such a determination motu proprio in any case where an establishment or industry employing more than one hundred (100) persons has shut down and its management has not announced, within ten (10) days from the date of the shutdown, that it intends to reopen within three (3) months from the date of the shutdown.
(4) A determination that a special unemployment situation exists with relation to an establishment, industry, or occupation shall be valid for a period designated by the Secretary but not exceeding three (3) years. The Secretary upon application of the workers affected, their representatives or employers, or upon his own authority may reconsider the effective date of the determination so that the largest possible number of workers is benefited, or extend his original determination for a period not exceeding two (2) years if he finds that a substantial number of workers continues to be affected by the special unemployment situation.
(5) In determining whether a special unemployment situation exists, the Secretary shall consider, among other pertinent factors, the nature of the skills and aptitudes of the workers involved, the availability of work requiring such aptitudes and skills, whether in their industry or occupation or another industry or occupation, their geographical location and the duration and seasonality of the unemployment.
(b) Maximum additional potential benefits.—
(1) Any unemployed worker included in a special unemployment situation as determined under subsection (a) of this section, who meets the requirements of § 704(a) of this title and subsection (c) of this section, shall be entitled to an addition to his regular weekly unemployment compensation benefits payable to him during his last benefit year. Said additional benefits, together with the annual maximum potential benefits payable to the worker during his last benefit year as established in § 703(d) of this title, shall not exceed the sum of twenty (20) times the amount of the weekly benefit payable to the worker during his last benefit year plus thirty-two (32) times the amount of the weekly benefit assigned in the addition of benefits. After July 1, 1990, and for subsequent fiscal years, the weekly amounts payable for addition to benefits shall be determined on the basis of the schedule of benefits established to such ends by the Secretary by regulations, ensuring the solvency of the fund. The termination of the worker’s benefit year shall not interrupt the payment of additional benefits, but no additional benefit whatsoever shall be paid after the fifty second (52nd) week immediately after the termination of his last benefit year.
(2) The addition to the benefits provided in clause (1) of this subsection shall not be granted to any worker until he has exhausted all regular and extended benefits to which he may be entitled under any federal or federal-state unemployment compensation program, and any part of said extended benefits that the worker has received from the beginning of his last benefit year, under any federal or federal-state unemployment compensation program providing extended benefits, shall be discounted from the maximum amount of additional benefits he is entitled to under this section.
(3) In the case of an unemployed worker referred for training or retraining by the Puerto Rico Employment Service under any federal, state or federal-state program which provides allowances, who is also eligible for weekly additional unemployment benefits under this section, only so much of the weekly additional unemployment benefits payment shall be paid as exceeds the weekly allowance under the federal or federal-state training or retraining program, any any amount which the worker receives under any such federal or federal-state program after the beginning of his latest benefit year shall be deducted from the maximum amount of additional benfits to which he is entitled under this section.
(c) Eligibility for additional benefits.— Any unemployed worker included in a special unemployment situation, as determined under subsection (a) of this section, who has become permanently displaced, may be eligible for an addition of his regular unemployment benefits, as provided in subsection (b) of this section, if such worker complies with the requirements of § 704(a) of this title, and:
(1) Has exhausted maximum annual benefits to which he was entitled under § 703(d) of this title after the ninetieth (90th) day immediately preceding a determination made by the Secretary under subsection (a) of this section that a special unemployment situation exists, in which the worker is included, or his most recent benefit year has terminated after the ninetieth (90th) day immediately preceding such determination;
(2) had employment as defined under paragraphs (A)—(D) of § 702(k)(1) of this title for not less than seventy-eight (78) weeks out of the period of one hundred and fifty-six (156) consecutive weeks (or twelve (12) consecutive completed calendar quarters) immediately preceding his benefit year nearest to the effective date of the determination of special unemployment situation; Provided, That this requirement shall not be applicable to industries of a seasonal nature, as determined by the Secretary of Labor and Human Resources;
(3) had such employment in at least thirteen (13) weeks in each of the three (3) fifty-two (52)-week periods in the one hundred and fifty-six (156)-week period. This requirement shall not apply to those industries of a seasonal nature, as determined by the Secretary of Labor and Human Resources;
(4) had such employment in the establishment, industry or occupation affected by a special unemployment situation as determined under subsection (a) of this section for at least sixteen (16) weeks worked within the fifty-two (52)-week period immediately preceding said determination. This requirement shall not apply to those industries of a seasonal nature, as determined by the Secretary of Labor and Human Resources;
(5) has not refused, without just cause, to take training or retraining to which he is referred by the Puerto Rico Employment Service; Provided, That said refusal to undertake training or retraining shall not continue to bar eligibility when such worker later accepts referral by the Puerto Rico Employment Service for training or retraining;
(6) in the event that employers’ records are not available and, consequently, the number of weeks specified in clauses (4) and (5) of this subsection cannot be ascertained, the method to be used to determine said number of weeks shall be established by the Secretary through regulation.
(d) Training courses.— For purposes of this section, and of § 716b of this title:
(1) At the request of the Secretary, the Secretary of Education shall establish such training or retraining courses as may be required to provide the training needed to equip the persons referred.
(2) For the benefit of the workers displaced in a community as a result of a special unemployment situation as determined by the Secretary, the Director shall approve on-the-job retraining courses organized in the affected establishment or in any other industry established in the community, in accordance with the regulations to that effect which shall be promulgated by the Secretary.
(e) Transfer of funds.— Upon request of the Secretary, the Secretary of the Treasury is hereby empowered to make such transfers of funds as will enable the Secretary of Education to cover the operating expenses he will incur in relation with the training or retraining courses to be offered at the request of the Secretary. Likewise, to transfer any funds required by the Secretary:
(1) To cover the operating expenses he will incur in relation with the on-the-job retraining courses, and
(2) to cover the costs of transportation and of a luncheon required by the workers, and which shall be reimbursed to them in accordance with regulations to that effect which shall be promulgated by the Secretary. The total amount for transportation expenses to be reimbursed to the worker shall not exceed five dollars ($5.00) a week. Such transfers of funds shall be made from the Special Auxiliary Fund created by § 711a of this title, and when there are no other funds available for such purposes.
History —June 21, 1956, No. 74, p. 328, added as § 21 on June 28, 1963, No. 93, p. 271, § 4; June 24, 1964, No. 71, p. 213, § 2; May 13, 1968, No. 41, p. 60, §§ 1, 2; June 24, 1971, No. 85, p. 257, § 11; July 30, 1990, No. 22, p. 95; Aug. 17, 1990, No. 42, p. 171, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/716b/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 716b - Addition to the duration of benefits in a special unemployment situation—Agricultural phase...
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 716b - Addition to the duration of benefits in a special unemployment situation—Agricultural phase of the sugar industry
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(a) A special unemployment situation in the agricultural phase of the sugar industry as of the 1964 harvest season is hereby declared.
With respect to other agricultural labor as it is defined in § 702(k)(1)(E)(ii) of this title, the Secretary shall designate as special unemployment situations those resulting from the displacement of workers as a direct or indirect consequence of technological progress, the elimination or reduction of the planted area or for similar reasons of such magnitude as to require that special measures be taken to prevent grave and serious hardships to the affected workers. Said designation shall be based on the provisions of subsection (a) of § 716a of this title.
(1) Maximum potential benefits of the agricultural workers.— An agricultural sugar-cane worker who is permanently displaced during the crop as a direct or indirect result of technological progress in the sugar industry, the elimination or reduction of the area planted in sugar-cane, or for similar reasons, or any other agricultural worker included in a special unemployment situation who meets the requirements of subsection (c) of this section, shall be entitled to an addition to the regular weekly unemployment compensation benefits consigned in § 703(b) of this title. Said addition to the benefits, together with the potential maximum annual benefits payable to an agricultural sugar-cane worker during his last benefit year as established in § 703 of this title, shall not exceed the sum of twenty (20) times the weekly benefit amount payable to the worker during his last benefit year, plus forty-seven (47) times the amount of the weekly benefit assigned in the addition of benefits. Provided, That as of July 1, 1990, and for subsequent fiscal years, the weekly amounts payable as the addition of benefits shall be determined on the basis of the schedule of benefits established by the Secretary for these purposes by regulations. If the worker rendered services under the provisions of § 702(k)(1)(E)(i) of this title, the addition to the benefits shall be based on the provisions of subsection (b)(1) of § 716a of this title. The termination of the worker’s benefit year shall not interrupt the payment of the addition to the benefits, but no additional benefit whatsoever shall be paid after two years have elapsed following the worker’s displacement.
(2) The benefits provided in clause (1) of this subsection shall not be applicable to any worker until he has exhausted all regular unemployment compensation benefits to which he may be entitled under this chapter; Provided, That he may begin to receive those benefits even though his benefit year may not have terminated at the time of the determination of his displacement.
(3) The benefits provided in clause (1) of this subsection shall not be applicable to any worker until he has exhausted all extended benefits to which he may be entitled under any federal unemployment compensation program, and any amount of such extended benefits which the worker has received since the beginning of his latest benefit year under any federal unemployment compensation program to which he is entitled under this section.
(4) In the case of an unemployed worker referred for training or retraining by the Puerto Rico Employment Service under any federal, state or federal-state program which provides allowances, who is also eligible for weekly additional unemployment benefits under this section, only so much of the weekly additional unemployment benefit payment shall be paid as exceeds the weekly allowance under the federal or federal-state training or retraining program, and any amount which the worker receives under any such federal or federal-state program after the beginning of his latest benefit year shall be deducted from the maximum amount of additional benefits to which he is entitled under this section.
(c) Eligibility to receive benefits.— Every agricultural worker permanently displaced, as determined under subsection (b) of this section, shall be eligible to receive the benefits referred to in subsection (b) of this section if said worker meets the requirements of § 704 of this title, and:
(1) Has submitted evidence, as required by the Secretary, that none of the agricultural employers for which he rendered services in the year immediately preceding his displacement has work for him. Provided, That if the worker rendered services for an agricultural employer of the sugar industry, he shall submit evidence that none of the agricultural employers of said industry who hired him during the sugar grinding season preceding that in which his displacement took place has work available for him.
(2) Meets the requirements needed to qualify to receive unemployment benefits as an agricultural worker, as the term is defined in § 702(v) of this title, in at least three (3) of the four (4) years preceding that in which he was displaced; Provided, That one of these three (3) years must be the one immediately preceding the one in which he was displaced.
(3) He has not refused, without a just cause, to submit to training or retraining to which he is referred by the Puerto Rico Employment Service. Provided, That his refusal to submit to such training or retraining shall not continue to affect the eligibility of the worker when he subsequently accepts referral to training or retraining.
(d) The provisions of subsections (d) and (e) of § 716a of this title regarding the establishment of training courses and the transfer of funds, respectively, shall be applicable to the situations of unemployment covered by this section.
History —June 21, 1956, No. 74, p. 328, added as § 22 on June 24, 1964, No. 71, p. 213, § 3; June 24, 1965, No. 78, p. 181; May 28, 1970, No. 48, p. 114, § 2; June 24, 1971, No. 85, p. 257, § 12; June 22, 1981, No. 15, p. 103, § 7; July 13, 1987, No. 2, p. 595, § 2; Aug. 17, 1990, No. 42, p. 171.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/716c/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 716c - Establishment of a Federal-State Extended Unemployment Insurance Benefits Program
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 716c - Establishment of a Federal-State Extended Unemployment Insurance Benefits Program
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(a) A Federal-State Extended Unemployment Insurance Benefits Program is hereby created, to be effective on January 1, 1972.
(b)
(1) Extended benefit period means a period which:
(A) Begins with the third week following a week for which there is a positive state indicator.
(B) Ends on either of the following weeks, that occur later:
(i) The third week following the first week for which there is a negative state indicator, or
(ii) the thirteenth (13th) consecutive week from the beginning of the extended benefit period.
Provided, That no extended benefit period may begin as a result of a positive state indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to Puerto Rico.
(2) There shall be a positive Commonwealth indicator for a week, if the Secretary determines, pursuant to the regulations of the Secretary of Labor of the United States, that the insured unemployment rate under this chapter for the period which includes said week and the twelve (12) immediately preceding weeks:
(A) Was equal to or exceeded one hundred twenty percent (120%) of the average of said rates for the corresponding thirteen (13) -week period in each of the preceding two (2) calendar years, and
(B) was equal to or exceeded five percent (5%). Provided, That there shall also be a positive state indicator if the rate of insured unemployment was equal to or exceeded six percent (6%), regardless that the provisions of paragraph (A) of this clause are not complied with.
(3) There shall be a negative Commonwealth indicator for a week if the Secretary determines, pursuant to the regulations of the Secretary of Labor of the United States, that for the period that includes said week and the twelve (12) immediately preceding weeks, the insured unemployment rate does not meet one of the requirements of paragraph (A) or (B) of clause (2).
Notwithstanding the provisions of clause (2) of this subsection, the Secretary shall be empowered to preclude, interrupt, or reestablish a positive Commonwealth indicator, if similar or better benefits exist for the workers, degrayed totally with other funds. Said power shall disappear when the benefits defrayed totally with other funds are not available to the workers.
(4) Rate of insured unemployment, for purposes of clauses (2) and (3) of this subsection means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims for regular benefits in Puerto Rico for weeks of unemployment with respect to the most recent consecutive thirteen (13) -week period, as determined by the Secretary on the basis of his reports to the United States Secretary of Labor, by
(B) the average monthly employment covered under this act for the first four (4) of the six (6) most recently completed calendar quarters ending before the end of such thirteen (13) -week period.
(5) Regular benefits.— Means the benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to §§ 8501—8525 of Congress Public Law Number 89-554, approved September 6, 1966, as amended (5 U.S.C. §§ 8501—8525; 80 Stat. 585 et seq.), other than extended benefits or additional benefits.
(6) Extended benefits.— Means benefits, including benefits payable to federal civilian employees pursuant to §§ 8501—8509 of Subchapter I of Chapter 85 of Title V, U.S.C., payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.
(7) Additional benefits.— Means benefits payable under §§ 716a and 716b of this title, to persons who have exhausted their regular benefits, as well as to an “exhaustee” by reason of high unemployment or other special factors under the provisions of any state law.
(8) Eligibility period.— Of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period, but if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period.
(9) Exhaustee.— Means an individual who, with respect to a week of unemployment during his eligibility period:
(A) Has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law, including benefits payable to federal civilian employees and ex-servicemen under §§ 8501—8509 of Subchapter I of Chapter 85 of Title V, U.S.C., in his current benefit year that includes such week;
Provided, That, for purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to him although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits.
(B) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; or who having established a new benefit year that includes such week, is prevented from receiving regular benefits by reason of any provision of a state law that meets the requirements of § 3304(a)(7) of the Federal Internal Revenue Code of 1954, and
(C)
(i) has no right to unemployment benefits or other allowances, as the case may be, under the Railroad Unemployment Insurance Act, or other federal laws, as are specified in the regulations issued by the United States Secretary of Labor, and
(ii) has not received and is not seeking unemployment benefits under the Unemployment Compensation Act of Canada; but if he is seeking benefits and the appropriate agency determines that he is not entitled to the benefits under said act, he is considered an exhaustee.
(10) State law.— Means the unemployment insurance law of any state, approved by the United States Secretary of Labor under the provisions of § 3304 of the Internal Revenue Code of 1954.
(c) Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.— The provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits, except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Secretary.
(d) Eligibility requirements to receive extended benefits.— A person shall be eligible to receive extended benefits for any week of unemployment during his period of eligibility only if the Director finds that with respect to such week:
(1) He is an exhaustee as defined in subsection (b)(9).
(2) He has complied with the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
(3) For weeks of unemployment which began after September 25, 1982, and notwithstanding the provisions of clauses (1) and (2) of this subsection, no individual shall be eligible to receive extended benefits unless he has received wages in covered employment equal to at least forty (40) times his weekly benefit in the basic period applicable to the corresponding benefit year.
(4) From the first week of unemployment which commences after March 31, 1981, and notwithstanding the preceding provisions, a worker shall not be eligible to extended benefits for any week of unemployment with regard to which the Director determines that:
(A) He refused adequate employment offered by an employment office, or failed to apply for adequate employment to which he was referred, in which case he shall not receive benefits for the week in which that occurred, and until he has rendered services for a period of not less than four (4) weeks which do not necessarily have to be consecutive, counting from the date he was disqualified, and has accrued salaries equivalent to ten (10) times his weekly benefit.
(B) He failed to produce any evidence that he was actively seeking employment, as it is defined in clause (6) of this subsection, in which case he shall not receive benefits for the week in which said fault occurred, and until he has rendered services for a period of not less than four (4) weeks, which do not necessarily have to be consecutive, counting from the date he was disqualified, and has accrued salaries equivalent to four (4) times his weekly benefit.
Provided, That if the worker failed to actively seek employment due to hospitalization because of a condition that endangers his life, or for rendering services as a juror, he shall be disqualified only for the term during which such situation persists.
(5) For the purposes of the provisions of clause (4)(A) of this subsection, the term “adequate employment” means, with respect to any person, any work that is within his capabilities; Provided, however, That the gross weekly salary payable for such work must exceed the sum of:
(A) The weekly extended benefit assigned to the worker, plus
(B) the amount, if any, of the supplementary unemployment benefits, as such are defined in § 501(c)(17)(D) of Title 26 of U.S.C., to be paid to the person for said week, and
(C) the wages to be paid shall not be less than the highest amount payable for:
(i) The minimum wage provided by § 206(a)(1) of Title 29 of U.S.C., regardless of any exemption, or
(ii) the applicable local state minimum wage act.
(D) Provided, however, That no person can be denied extended benefits for refusing an offer of employment or failing to apply for any adequate employment, in accordance with the criteria indicated if:
(i) The offer was not made in writing and through the Employment Service;
(ii) said refusal would not result in a denial of the benefits according to the definition of adequate employment applicable to the claimants of regular benefits as this is defined in § 704(c) of this title, in the measure that the provisions of said section are not inconsistent with the provisions established in clause (4);
(iii) the claimant offers evidence to the satisfaction of the Director that his prospects of obtaining employment in his regular occupation within a reasonably short period of time are good. If said evidence is considered satisfactory for these purposes, the determination as to whether a job is adequate with respect to a person shall be made according to the definition of adequate employment applicable to the claimants of regular benefits under the provisions of § 704(c) of this title, regardless of the definition established in paragraph (5).
(6) Notwithstanding the provisions of clause (4), no job shall be considered adequate unless it is consistent with the uniform job provisions required by § 3304(a)(5) of Title 26 of U.S.C., consigned under paragraphs (A), (B) and (C) of § 704(c)(1) of this title.
(7) For the purposes of the provisions of of clause (4)(B) of this subsection, it shall be deemed that a person is actively seeking employment during any week, if:
(A) The person has developed an active and diligent search for employment in said week, and
(B) the person gives satisfactory evidence of his search for employment during said week.
(8) The Employment Service shall refer any claimant eligible for extended benefits under this chapter to any adequate employment according to the criteria established in clause (5).
(9) No worker who has been disqualified for regular and extended benefits because he has incurred improper conduct in his employment, has voluntarily quit an adequate job without just cause, or refused adequate employment, may receive extended benefits, unless the disqualification under the regular program or under the extended benefits program has been satisfied through employment and wages in accordance with what is established in clause (4)(A) of this subsection.
(10) Provided, That for weeks that commence from March 6, 1993, and before January 1, 1995, the provisions that refer to the active search for employment and to adequate work, and the requirements to render ineffective a disqualification that has been imposed, that are contained in clauses (4), (5), (6), (7), (8) and (9), above, shall not be applicable for the purpose of determining eligibility for extended benefits. The adequate work criteria consigned in paragraphs (A)—(C) of subsection (c)(1) and clauses (1) and (4) of subsection (b) of § 704 of this title, shall be considered for the purpose of determining eligibility for extended benefits.
(e) Weekly extended benefit amount.— The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his benefit year.
(f) Total extended benefit amount.— The total extended benefit amount payable to any eligible individual with respect to his benefit year shall be the least of the following amounts:
(1) The [fifty] percent (50%) of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year, or
(2) thirteen (13) times his weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the corresponding benefit year.
Provided, That a worker who is eligible to receive the benefits under the Trade Act of 1974, as amended, and whose benefit year ends within an extended benifit period, shall receive the remainder, in any, after deducting an amount equal to the product of his weekly benefit under the regular program multiplied by the number of weeks in his benefit year in which he has received some payment under the Trade Act of 1974, as amended.
(g) Commencement and termination of extended benefit period.—
(1) The Secretary shall make the appropriate public announcement whenever an extended benefit period is to become effective or is to be terminated in Puerto Rico, as this term is described in subsection (b)(1) of this section.
(2) Computations required by the provisions of subsection (b)(4) of this section shall be made by the Director, pursuant to regulations prescribed by the United States Secretary of Labor.
(h) Termination of extended benefits payment under the Interstate Plan in a state in which the extended benefits peroiod is not in effect.— With the exception of the provisions of this subsection, an individual shall not receive extended benefits for any week that begins on or after June 1, 1981, in which:
(1) Said extended benefits are payable in virtue of an interstate claim under the Interstate Plan for the Payment of Benefits, and
(2) an extended benefits period is not in effect, in a concurrent manner in both states during the week that is claimed.
Provided, That this limitation shall not be applicable during the first two (2) weeks with respect to which the extended benefits are otherwise payable.
History —June 21, 1956, No. 74, p. 328, added as § 23 on June 24, 1971, No. 85, p. 257, § 13; June 15, 1972, No. 16, p. 374, § 13; Aug. 9, 1974, No. 21, Part 2, p. 646, § 7; June 24, 1977, No. 101, p. 228, § 8; July 21, 1977, No. 9, p. 558, § 1; July 26, 1979, No. 4, p. 924, § 11; Mar. 31, 1981, No. 1, p. 3; June 22, 1981, No. 15, p. 103, § 8; May 21, 1982, No. 18, p. 35, § 5; July 9, 1982, No. 2, p. 191, § 4; Sept. 12, 1983, No. 5, p. 360, § 3; July 15, 1988, No. 102, p. 424, § 7; July 26, 1991, No. 27; July 9, 1992, No. 17; Sept. 10, 1993, No. 76, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-47/717/
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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 47 - Employment Security Act (§§ 701 — 717)›§ 717 - Saving clause
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 717 - Saving clause
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The Legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested right of any kind against such amendment or repeal. All rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall stand subject to the power of the Legislature of the Commonwealth of Puerto Rico to amend or repeal this chapter at any time.
History —June 21, 1956, No. 74, p. 328, § 18, renumbered as § 19 on Dec. 22, 1960, No. 1, p. 1, § 13; renumbered as § 21 on June 8, 1962, No. 27, p. 54, § 9; renumbered as § 22 on June 28, 1963, No. 93, p. 271, § 4; renumbered as § 23 on June 24, 1964, No. 71, p. 213, § 3; renumbered as § 24 on June 24, 1971, No. 85, p. 257, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726 - Incentive plan
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726 - Incentive plan
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Employers that opt to pay off their debt under the incentive plan provided herein shall be relieved from the payment of interests, surcharges, penalties, and administrative expenses, as applicable, on debts covered under the incentive plan, incurred and owed for the periods, including months, ending on or before June 30, 2013.
As part of the incentive plan, employers may opt to avail themselves of the aforementioned relief on the payment of interests, surcharges, penalties, and administrative expenses, as applicable. Employers may choose to pay in full the principal of the debt outright or on installments under a payment plan. However, if an employer chooses to avail himself of a payment plan, such employer must sign and make the minimum payment as described in this section. The term of the aforementioned plan shall be established for a period that shall not exceed four (4) years, and shall be subject to a minimum initial payment of the principal which shall be paid at the time of availing themselves of the incentive plan. The term of the payment plan shall be established below:
(a) No interest shall be assessed on debts paid in full outright.
(b) Debt to be paid within a period of one (1) year, employers shall make an initial payment of ten percent (10%) of the principal. The outstanding balance shall be subject to a payment plan that shall not exceed twelve (12) months after the granting of the incentive plan, without being subject to any interest whatsoever.
(c) Debt to be paid within a period of two (2) years, employers shall make an initial payment of ten percent (10%) of the principal. The outstanding balance shall be subject to a payment plan that shall not exceed twenty-four (24) months after the granting of the incentive plan, subject to a five percent (5%) annual interest rate.
(d) Debt to be paid within a period of three (3) years, employers shall make an initial payment of ten percent (10%) of the principal. The outstanding balance shall be subject to a payment plan that shall not exceed thirty-six (36) months after the granting of the incentive plan, subject to a seven percent (7%) annual interest rate.
(e) Debt to be paid within a period of four (4) years, employers shall make an initial payment of ten percent (10%) of the principal. The outstanding balance shall be subject to a payment plan that shall not exceed forty-eight (48) months after the granting of the incentive plan, subject to a ten percent (10%) annual interest rate.
History —Jan. 3, 2014, No. 15, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726a/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726a - Terms and conditions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726a - Terms and conditions
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(a) Employers must be up to date on the payment and filing of any tax corresponding to periods, including quarters or months, beginning after July 1, 2013 or have paid an equivalent to the foregoing at the time of availing themselves of the incentive plan.
(b) Upon establishing the incentive plan under this chapter all debt covered thereunder shall be stated in detail. However, upon availing themselves of the incentive plan, employers waive any right to challenge the assessment or the notice of debt object of the plan.
(c) Employers undergoing an intervention, fiscal audit, or an administrative hearing or judicial review process may avail themselves of the incentive plan; such action shall be sufficient grounds to desist from the investigation, administrative or judicial process in relation to the debt or debts object of the plan.
(d) Employers that have availed themselves of a payment plan with the Department of Labor and Human Resources or the State Insurance Fund Corporation, as of the effective date of this act may renegotiate the balance of said payment plan with the Secretary or the Administrator, as the case may be, under the terms and conditions established in the inventive plan provided under this chapter.
(e) The payment or payment proposal under the incentive plan chosen pursuant to this chapter shall be voluntary and binding for all purposes and shall not be subject to subsequent claims for refund, reimbursement or credit.
History —Jan. 3, 2014, No. 15, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726b/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726b - Exclusions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726b - Exclusions
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Employers against whom a legal proceeding has been initiated or is pending due to any tax-related offense may not avail themselves of the provisions of this chapter. Furthermore, employers that have been convicted of tax fraud or whose source of income is illegal, or whose activities or business may be identified as criminal activities or as a pattern of organized crime in accordance with §§ 971 et seq. of Title 25, known as the “Act Against Organized Crime”, shall not avail themselves of the provisions of this chapter.
Officials elected, appointed by the government or confirmed by the Legislative Assembly, as provided by the laws and the Constitution of the Commonwealth of Puerto Rico, who are also employers, shall not avail themselves of the provisions of this chapter.
History —Jan. 3, 2014, No. 15, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726c/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726c - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726c - Penalties
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Employers that have opted out of this incentive plan, or that have opted to participate in the same but fail to meet any of the requirements or terms set forth in this chapterand the selected incentive plan shall be subject to all the collection mechanisms available under §§ 1 et seq. of Title 11, §§ 681 et seq. of Title 29, §§ 701 et seq. of Title 29, and §§ 201 et seq. of Title 11, including, but not limited to, attachment of real and personal property. In the event of noncompliance with the incentive plan, the debt shall be reinstated and the interest, surcharges, penalties, administrative expenses and additions thereon shall be applied thereto without obtaining any relief or discount whatsoever.
History —Jan. 3, 2014, No. 15, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726d/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726d - Regulations, orientation, duration of the Incentive Plan-Separate incentive plans
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726d - Regulations, orientation, duration of the Incentive Plan-Separate incentive plans
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The Secretary of the Department of Labor and Human Resources, in consultation with the Secretary of the Treasury shall issue, not later than sixty (60) days counted as of the approval of this act, any circular letter or administrative determination as is necessary to establish the guidelines or procedures that shall govern the granting of incentives under this chapter and that shall apply with regard to §§ 681 et seq. of Title 29, §§ 701 et seq. of Title 29, and §§ 201 et seq. of Title 11. However, the Secretary of Labor and Human Resources shall establish such guidelines in a prompt and flexible manner, free from restrictions and technicalities that may impair the attainment of the objectives of this chapter.
Independently and separately from the provisions of the preceding paragraph, the Administrator of the State Insurance Fund Corporation, shall issue, not later than sixty (60) days as of the approval of this act, any circular letter or administrative determination as is necessary to establish the guidelines or procedures that shall govern the granting of incentives under this chapter and that shall apply with regard to §§ 1 et seq. of Title 11. However, the Administrator shall establish such guidelines in a prompt and flexible manner, free from restrictions and technicalities that may impair the attainment of the objectives of this chapter.
Once the circular letter or administrative determination is issued, the Department of Labor and/or the State Insurance Fund Corporation, as the case may be, shall initiate an orientation period to inform the citizenry of the benefits of this chapter. The duration of such orientation period shall be thirty (30) days as of the issue of the first circular letter or administrative determination promulgated by said agency and/or public corporation, as the case may be, regarding the provisions set forth herein.
Once the orientation period ends, the Inventive Plan shall take effect and the duration thereof shall be one hundred (100) calendar days.
It is hereby provided that the Incentive Plan under the Department of Labor and Human Resources for the laws specified herein shall be governed by the parameters established in this chapter and the regulations thereunder, and that it shall be independent and separate from the Incentive Plan under the State Insurance Fund Corporation, also established herein.
History —Jan. 3, 2014, No. 15, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726e/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726e - Funds collected according to the inventive plan
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726e - Funds collected according to the inventive plan
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The sums collected from the payments received as a result of the incentive plan established under this chapter shall be deposited in the special funds established under §§ 1 et seq. of Title 11, §§ 681 et seq. of Title 29, §§ 701 et seq. of Title 29, and §§ 201 et seq. of Title 11, respectively in accordance with the lawful origin of the debt that prompted such payment.
However, and as an exception, of the sums collected from the payments received as a result of the incentive plan established in this chapter with regard to §§ 1 et seq. of Title 11 and administered by the State Insurance Fund Corporation, the sum of five million dollars ($5,000,0000) shall be deposited in a special account, separate from other expenses, to be used by said entity for the purposes of improving the services offered to employers, namely, the acquisition of computer equipment, the acquisition or development of information systems, the development of operational processes and procedures, and training of personnel.
History —Jan. 3, 2014, No. 15, § 8; July 15, 2014, No. 91, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iii/chapter-54/726f/
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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 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f)›§ 726f - Sale of payment plans
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 54 - Stay Current on your Employer’s Responsibilities Act (§§ 726 — 726f) › § 726f - Sale of payment plans
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Notwithstanding the provisions of §§ 354 et seq. of Title 13, the payment plan in the State Insurance Fund Corporation as of the effective date of this act may be sold by the latter to private or government institutions at a discount or a premium, safeguarding the best interests of the Commonwealth of Puerto Rico. The State Insurance Fund Corporation shall prescribe through a bulletin, circular letter or other administrative determination the necessary rules to carry out such transactions. The proceeds from the sale of said debt shall be deposited and allocated as provided in § 726e of this title. The State Insurance Fund Corporation shall protect the right of employers with respect to the confidentiality of the information provided in accordance with the code of laws in effect.
History —Jan. 3, 2014, No. 15, § 9; July 15, 2014, No. 91, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/735/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 735 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 735 - Definitions
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The following terms, whenever they appear in this chapter, shall have the meaning indicated hereunder, except when the context clearly indicates otherwise:
(a) Bill.— Means the Bill of Rights of the Puerto Rican Veteran for the 21st Century.
(b) Office.— Means the Office of the Advocate for Veterans Affairs of Puerto Rico created §§ 823—823k of this title.
(c) Advocate.— Means the Advocate for Veterans Affairs who shall be in charge of directing the Office of the Advocate for Veterans Affairs.
(d) Veteran.— Means every person who has honorably served in the Armed Forces of the United States of America, to wit: the Army, the Navy, the Air Force, the Marines and the Coast Guard of the United States as well the Officers Corps of the Public Health Service of the United States, and in its successors in law entities and who meets the conditions as a veteran according to the federal laws in effect. This shall include those persons whose service in the reserve corps of the Armed Forces or the National Guard meet the requirements provided by said laws. The term veteran may be used indistinctly for both males and females and this chapter shall be indifferent as to a person’s gender.
(e) Competitive entrance examination(s).— Means the examination or examinations which an employer gives to various persons who desire a specific job within an organization so as to determine the capabilities of each of the applicants for performing the tasks of said job, including, but not limited to the administration of written, oral, theoretical and practical examinations, psychological and qualifying evaluations, etc., among others.
(f) Spouse.— Means a person to whom a veteran is legally and validly married, pursuant to the laws of Puerto Rico and who has lived with said veteran continuously from the date of his/her wedding to the date of his/her death.
(g) Surviving spouse.— Means that person to whom a veteran is legally and validly married, pursuant to the laws of Puerto Rico, at his/her time of death.
(h) Active military service.— Means full time military service of an individual in the Armed Forces.
(i) Child.— Means a person who is a son or a daughter of a veteran, be it a biological child or a child legally adopted by the veteran.
(j) Service-related.— Means the death or disability caused by an injury or illness while in active military service be it on land, sea or air, or a death that occurs as a consequence of an injury or disability suffered in the battlefield.
History —Dec. 14, 2007, No. 203, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/736/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 736 - Establishment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 736 - Establishment
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An orderly collection of all the laws approved for the benefit of all veterans of Puerto Rico is hereby established to be known as the New Bill of Rights of the Puerto Rican Veteran for the 21st Century.
History —Dec. 14, 2007, No. 203, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/737/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 737 - Rights granted
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 737 - Rights granted
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The following rights are granted for the benefit of the veteran:
(a) Rights regarding the acquisition of property.— A veteran and/or his/her surviving spouse who qualifies, shall be given preference under equal conditions, regarding any distribution, sale, assignment, donation or leasing of property of the Commonwealth of Puerto Rico, its agencies, instrumentalities and municipalities, including housing projects under the Department of housing and/or any other affordable housing and subsidized housing purchase and acquisition programs administered by the Commonwealth of Puerto Rico or its dependencies.
(b) Rights regarding education.—
(1) It shall be the duty of the Secretary of Education to prepare a plan to provide academic education and vocational or technical training for veterans. It is furthermore provided that its shall be the duty of the Secretary of Education to annually submit to the Legislature of Puerto Rico and to the Office of the Advocate for Veterans Affairs a report on the use of the funds for these purposes during the course of the preceding year.
(A) The Secretary of Education shall make arrangements with the University of Puerto Rico and transfer the necessary funds so that the University may, together with the Department of Education, undertake special training projects for teachers, technical studies, construction and any other type of project to extend or create educational facilities mainly aimed to teaching veterans. The Board of Trustees of the University of Puerto Rico is hereby authorized to enter into contracts with the Secretary of Education for such a purpose.
(B) The Department of Education and the University of Puerto Rico are hereby authorized to accept any funds from the federal government funds which have been appropriated or that may be appropriated for the development of the Commonwealth veterans’ educational program.
(C) The reimbursements, funds and any other amounts that the Secretary of Education receives from the federal government for these purposes shall be deposited in the Commonwealth Treasury and shall constitute a special trust fund to be used exclusively for the education of veterans and to be known as the Veterans Educational Trust. It shall be the responsibility of the Secretary of the Treasury to annually submit to the Legislature of Puerto Rico and to the Office of the Advocate for Veterans Affairs a report indicating the balance deposited in said fund as well as the use given to the same. Provided, That any balance of the funds received from the federal government that had been transferred to the general funds may be transferred, with the prior approval of the federal government, to the special trust fund herein created; and Provided, further, That the payments and disbursements for personal services shall be preferably charged to this fund, and the Secretary of Education shall be hereby authorized and empowered to pay, as he/she is herein directed to pay, chargeable to the same, any expenses or obligations that have been incurred or that may be incurred for the development of this veterans’ educational program.
(2) Any veteran who is an official or employee of the Government of the Commonwealth of Puerto Rico, its agencies, instrumentalities, public or quasi public corporations and the municipal governments, who wish to avail him/herself of the benefits of any federal or Commonwealth legislation to pursue studies in Puerto Rico, in any other part of the United States or abroad, shall be entitled to solicit, and his/her immediate employer shall be bound to grant, leave without pay for the whole period which said studies should reasonable require and while he/she is in fact studying:
(A) Once any veteran who avails him/herself of the benefits of the previous subsection concludes his/her studies, and requests it within the following one hundred and eighty (180) days, he/she shall be reinstated in the position or office he/she left in order to study or in another position or office of equal category, salary and rank; and once he/she has been reinstated in said position or office, he/she may only be dismissed for reasons recognized by the laws of Puerto Rico, the regulations of department where he/she is employed or the rules of the Office of Human Resources of the Commonwealth of Puerto Rico (ORHELA, Spanish acronym), should his/her position be subject to the provisions of the Personnel Act.
(3) The Department of Education shall extend its vocational schools system throughout the Commonwealth of Puerto Rico so as to provide technical-vocational training to all veterans who request it, in accordance with the federal legislation that appropriates funds to pay for veteran studies. Provided, That it shall be the obligation of the Department of Education to annually inform the Legislature of Puerto Rico and the Office of the Advocate for Veterans Affairs about the activities of said department related to this section, as well as to provide a detailed report regarding the appropriations of federal funds available for these purposes, the applications presented by the Department and the use of any funds appropriated for those purposes.
(4) As an essential part of its adult education program, the Department of Education shall provide the educational facilities needed for the veterans who wish to broaden or improve their academic education.
(5) Veteran university students who have exhausted or will soon exhaust their right to study under the legislation approved by the Congress of the United States of America without having completed their bachelor’s degree or other postgraduate studies already begun for which they may qualify and who wish to finish their degree regardless of the final major field of study they choose and wish to pursue because said studies extend for a longer period of time than that authorized by federal legislation, shall be entitled to free tuition at the University of Puerto Rico and all its academic units, as well as any postgraduate educational institution of the government and to preferential treatment in equal conditions as to student aid, grants and other benefits granted to students of the University or the unit, or institution. By no means may said financial benefit be greater than that granted for studying in any higher education institution in Puerto Rico. This benefit shall likewise apply to all those veterans without the study benefits granted under the legislation approved by the Congress of the United States of America who maintain the grade point average established by the University of Puerto Rico and all its academic units, as well as by any higher education institution of the Commonwealth or its municipalities, which in no case may be more onerous than the academic requirements established for the regular students of the aforesaid institutions.
(A) Those students who pursue their studies in Puerto Rico at an educational center other than the University of Puerto Rico but which is recognized by the Council on Higher Education or by a national college and university accrediting agency of the United States of America, shall be entitled to a sum for tuition and stipends for books, library, laboratory, health plans and other, which shall not exceed the sum that the educational center currently requires from the other students for the same concepts for similar studies.
(B) The Secretary of Education is hereby authorized to promulgate rules and regulations with the approval of the Governor, in order to comply with the provisions of this paragraph, and the funds needed to carry out the aforementioned purposes shall be set aside in the budget of expenses of the Department of Education.
(C) When the educational centers that have been or are recognized by the Council on Higher Education or by a national college and university accrediting agency of the United States of America, initiate or establish new courses, programs, colleges or schools, the students included in the present chapter who pursue studies provided by said new courses, programs, colleges or school, shall be entitled to receive the benefits authorized in this section until the Council on Higher Education or the national college and university accrediting agency of the United States of America takes final action recognizing them or, in the case of courses which require the approval of a revalidation examination in order to exercise the profession or trade, until the competent revalidation examination.
(D) All the payments made to students prior to the approval of this act that meet the requirements imposed by virtue of the provisions herein established and that have also been made subject to the regulatory provisions in force until the date of approval of this act and that are compatible with this chapter, are hereby confirmed. Authorization is hereby also given for reconsidering those cases whereby those payments that were denied prior to the approval of this act and which, by virtue of the authorization herein consigned, if they had been made, would have been confirmed according to what is herein provided.
(6) The University of Puerto Rico and all its academic units as well as any postsecondary educational institution of the Commonwealth or its municipalities shall give priority enrollment to veterans and their spouses and children. The spouses and children of veteran shall be entitled to a discount of fifty percent (50%) of the cost for tuition, fees, books and other materials needed for completing their degree. This privilege applies at both the university undergraduate level and the technical-professional postsecondary level as well as at the graduate and/or professional level.
The children and/or the surviving spouse of soldiers killed in action or soldiers in active federal military service at the time of their death and whose death is military service-related shall have total exemption at the University of Puerto Rico and its campuses throughout Puerto Rico, as well at any postsecondary educational institution of the Commonwealth or its municipalities for tuition, fees, books and other materials needed for completing their university degree at the university undergraduate level, the technical-professional postsecondary level and the graduate and/or professional level.
(7) The Secretary of Education shall have the power to make the necessary arrangements with the Veterans Administration and establish a Program for the Matching [of] Funds to the Federal Accelerated Payments Program for veterans and eligible relatives family members, as provided by Federal Public Law 95-202 of October 1, 1977.
(8) All Puerto Rican veterans who interrupted their high school studies to serve in the First and Second World Wars or in the Korean and Vietnam conflicts shall be entitled to solicit their high school diplomas from the Department of Education of Puerto Rico. Said diploma may be conferred posthumously.
(9) The university institution shall have the duty of guaranteeing that every veteran of the Armed Forces of the United States who had been pursuing full or part time studies at that institution when called to active military service shall be readmitted to the study program. Readmission shall not be subject to an evaluation process conducted by a readmissions committee or a like mechanism. Veterans shall have priority registration for those academic courses they may have had to interrupt given the nature of the involuntary response to the call to active military service, provided said courses are being offered by said institution during the academic session to which they are applying for readmission and up to one (1) year after their return from active service or for just cause. The readmission of students who conclude their active military service shall not be subject to payment of the readmission application fee.
(c) Rights regarding tax obligations.—
(1) Income tax.—
(A) For the purposes of § 8423(bb)(4) of Title 13, all veterans shall be entitled to a deduction for life for the sum of one thousand five hundred dollars ($1,500) that shall be effective from taxable year corresponding to 2007, which begins the first of January of that same year.
(B) The Secretary of the Treasury is hereby empowered to promulgate the rules and regulations needed with regard to this deduction and the same shall have the force of law as soon as they are approved.
(2) Property taxes.—
(A) Exemption applicable to veterans with service-connected disabilities.—
(i) The dwelling that a veteran and/or his/her surviving spouse builds or acquires in good faith as main residence shall be permanently exempt from the levy and payment of property taxes and for up to five thousand dollars ($5,000)—fifty thousand dollars ($50,000) for fiscal years 2009-10, 2010-11, and 2011-12—of its appraised taxable value; and if the building has more than one (1) dwelling, the appraised value, for purposes of the exemption, shall be the proportional part which corresponds to the dwelling occupied by the veteran, of the total value of the building and the lot, as determined by the Executive Director of the Municipal Revenues Collection Center.
(ii) Applications for the exemption thus granted shall be made in the manner determined by the Municipal Revenues Collection Center and once approved their effect shall be retroactive for up to a maximum of three (3) years; all this subject to the provisions of §§ 4001 et seq. of Title 21, known as the “Puerto Rico Autonomous Municipalities Act”.
(iii) For the purposes of this section, the term “dwelling” means the building in which the veteran and/or his/her surviving spouse has established his/her domicile and that of his/her immediate family as well as the lot on which the building is located belonging to a veteran and his/her surviving spouse.
(iv) The partial tax exemption must be claimed by the interested party each year at the time of paying such taxes after filing the following documents with the appropriate Regional Office of the Municipal Revenues Collection Center.
(v) The Executive Director of the Municipal Revenue Collections Center is hereby empowered to promulgate the necessary rules and regulations in connection with this exemption, and the same shall have force of law immediately after their approval by the Governor.
(B) Exemption applicable to disabled veterans.—
(i) Any house built, acquired or remodeled or to be built, acquired or remodeled in the future by a disabled veteran and the lot where the same is located which does not exceed one thousand (1,000) square meters in urban zones or one (1) cuerda in rural zones, shall be totally exempt from the payment of property taxes, provided the same is the place of residence of the disabled veteran or his/her immediate family, as established in Act of Congress 06-89 [sic], effective on January 1, 1968.
(ii) The tax exemption granted to a disabled veteran for his/her property under the terms of this chapter, shall cease when the property is no longer used as his/her dwelling or that of his/her immediate family, Nevertheless, the right to exemption is recoverable once he/she reconstructs his/her home on the previously exempted property or when he/she acquires another property and establishes his/her home thereupon.
(iii) The Executive Director of the Municipal Revenues Collection Center is hereby empowered to promulgate the necessary regulations with regard to this exemption, and once they have been approved by the Governor they shall have force of law.
(C) Exemption applicable to veterans with service-connected disabilities.—
(i) Any veteran who receives disability compensation of fifty percent (50%) or more from the Veterans Administration shall be entitled to a property tax exemption on the first fifty thousand dollars ($50,000)—five hundred thousand dollars ($500,000) for fiscal years 2009-10, 2010-11, and 2011-12—of the appraised value of the property for taxation purposes.
(ii) The partial exemption in the payment of taxes shall only be applicable to the tax which corresponds to the house built or acquired by a veteran and the lot on which the same is built which does not exceed one thousand (1,000) square meters in the urban zone or one cuerda in the rural zone, provided that the house has been the place of residence of the veteran or of the veteran and his/her immediate family to January 1 of the taxable year.
(iii) The partial exemption shall be determined according to the degree of disability that has been established as of January 1 of each year for the veteran by the Department of Veterans Affairs through a written certificate to that effect.
(iv) The partial exemption must be claimed by the interested party each year at the time of paying such taxes after filing the following documents with the appropriate Regional Office of the Municipal Revenues Collection Center:
(I) The original or a photocopy of his/her discharge certificate from the branch of the Armed Forces of the United States where he/she served. The veteran shall not have to present the original or the photocopy of his/her discharge certificate each year provided he/she leaves a photocopy thereof in the archives of the collector.
(II) A written certificate from an official of the Department of Veterans Affairs attesting to the veteran’s degree of disability as of the 1st of January immediately preceding the taxable year for which he/she is requesting exemption. In those cases whereby the veteran’s degree of disability has been established as permanent, the veteran shall not be bound to present evidence of the degree of his/her disability annually, it being sufficient for the veteran to file a certificate with the collector to the effect that his/her degree of disability has been established as permanent. Should the degree of disability be permanent, it shall not be necessary for the veteran to file an annual application for exemption, it shall be enough for him/her to file the application only when requesting exemption for the first time.
(III) A sworn statement attesting that the property in question was being used as the place of residence of the veteran or his/her immediate family on the 1st of January of the taxable year. The tax exemption shall cease as soon as the property is no longer being used as the place of residence of the veteran or his/her immediate family; or when he/she recovers his/her normal capacity; or his/her degree of disability is reduced to less than fifty percent (50%) as certified by the Department of Veterans Affairs. The right to exemption is recoverable once the disabled veteran again constitutes his/her home on the former property, acquires another property and establishes his/her home thereupon, or recovers his/her status as a veteran with a disability of fifty percent (50%) or more.
([v]) The partial exemption for disability shall be granted in addition to the regular exemption of five thousand dollars ($5,000)—fifty thousand ($50,000) for fiscal years 2009-2010, 2010-2011, and 2011-2012—granted to all veterans and in addition to any other exemption granted by the Commonwealth to taxpayers.
[(vi)] The Executive Director of the Municipal Revenue Collections Center is hereby empowered to promulgate the necessary rules and regulations in connection with this exemption, and the same shall have force of law immediately after their approval by the Governor.
(3) Automobiles of disabled veterans.—
(A) The automobiles provided to disabled veterans for their personal use by or through the help of the Veterans Administration are hereby exempted from the tax on vehicles established in § 9010 of Title 13. The replacements of the automobile thus acquired shall also be entitled to this exemption, provided that the automobile to be replaced has been in the possession of the veteran for his/her personal use for a period of not less than four (4) years.
(B) However, in those cases whereby the automobile to be replaced has become unusable for fortuitous causes not attributable to its owner’s negligence, the replacement shall be entitled to the exemption even though the automobile to be replaced has not been in his/her possession for a period of four (4) years. If the owner of an automobile benefiting from said exemption sells, transfers or in any other way alienates the automobile before the four (4) years of possessing the same for his/her personal use have expired, the acquirer shall be bound to pay taxes on said automobile before taking possession of the same and the resulting tax shall be computed by applying the tax rate according to §§ 8006 et seq. of Title 13, known as “Puerto Rico Internal Revenue Code of 1994”, on the basis of the “taxable price” on which the exemption was granted minus the depreciation suffered.
(C) The automobiles provided for disabled veterans by or with the help of the Department of Veterans Affairs shall be exempted from the payment of the license fees established by §§ 5001 et seq. of Title 9 known as the “Puerto Rico Vehicle and Traffic Act”. The Department of Transportation and Public Works shall provide every disabled veteran with a removable parking sign with a distinguishing symbol that identifies the automobile as owned by a disabled veteran. If the owner of an automobile that has been exempted from the payment of license fees pursuant to this provision, sells, transfers or in any way alienates the same, the acquirer shall be bound to pay the corresponding fees as of that year.
(D) The provisions of § 5169(a)(22) of Title 9, part of the Puerto Rico Vehicle and Traffic Act of 2000, in relation to parking, shall not apply to disabled veterans who have been issued a license and a removable parking sign according to the provisions of § 5024 of Title 9.
(E) Disabled veterans who are exempt from the imposition of taxes on motor vehicles according to the Puerto Rico Internal Revenue Code of 1994, and those who have been declared one hundred percent (100%) disabled by the Veterans Administration, shall not pay the fee for the license of the vehicles of their property nor any sum whatsoever for the fees fixed by clauses (20) and (21) of subsection (a) of § 5682 of Title 9, part of the Puerto Rico Vehicle and Traffic Act of 2000, relative to obtaining a license for driving motor vehicles. If the owner of an automobile for which no fees had been paid under the provisions of this paragraph sells, transfers or otherwise alienates the automobile, the total amount of the fees for the corresponding year shall be imposed as license fees for said vehicle according to the provisions of this section.
(F) Provided, That those veterans of over sixty (60) years of age, even if not classified as having a service-related disability, shall be entitled to being exempted from paying the fees for the transfer of vehicle licenses, ex parte transfers, including those inspections made by the Department of Transportation and Public Works for these purposes and the applications for licenses and titles and the renewal of drivers licenses.
(4) War surplus.—
(A) The war surplus property acquired by a veteran is hereby exempted all types of taxes or duties, provided that the same is for personal use and that it does not have a total value of more than five thousand dollars ($5,000). The Secretary of the Treasury shall promulgate the regulations needed to implement this exemption.
(5) Certificates issued by government dependencies.—
(A) The offices or dependencies of the Government of the Commonwealth of Puerto Rico and the municipal governments, such as the courts, registries, bureaus and other of the same or a similar nature, shall issue free from the payment of fees to all veterans, widows or widowers of veterans, spouses of veterans and minor children of veterans, all certificates they may need for official uses and for claiming any rights. The exempted certifications shall include, without this implying a limitation, criminal record certificates, tax returns filed, income and property tax debt certificates, civil registry certificates and university credit transcripts, among others.
(B) The various Commonwealth and municipal government agencies, offices and dependencies are hereby ordered to post signs for public view stating that all certificates for veterans, their surviving spouses and minor children who meet the requirements of the regulations shall be issued free of charge. It shall be the duty of the Veterans Advocate to ensure faithful compliance with this provision.
(d) Rights related to medical-hospital service.—
(1) It shall be the obligation of the municipalities and of the Commonwealth Government to provide, without any cost whatsoever, through all their medical facilities, the medical attention, treatment, hospitalization and necessary medications, with prior medical prescription and an evaluation of their financial situation based on the criteria of the Federal Medical Assistance Program (Title 19 of the Federal Social Security Act), to veterans, their spouses and children until they reach their legal age or the age of twenty-five (25) if they are students; these shall receive the health services herein provided after presenting a valid identification as students.
(2) The physically or mentally disabled children of veterans shall receive the benefits herein established without any age limit. In case the veteran, his/her spouse or children have availed themselves of any type of prepaid medical insurance, the Commonwealth or municipal institution that offers them any health service may invoice said plan for the services rendered, exempting the veteran, his/her spouse and children from the corresponding payment of the deductible.
(3) The rights herein recognized shall be extended to the children of veterans who died on the field of battle until they reach their legal age, in the case of students until they reach the age of twenty-five (25) and in the case of physically or mentally disabled children without any age limit whatsoever. This chapter shall be visibly posted in all Commonwealth and municipal public health facilities.
(e) Rights related to government retirement systems.—
(1) Any veteran who for the first time enters the service of the Commonwealth of Puerto Rico, its agencies or instrumentalities, public or quasi-public corporations, or the municipal governments, and becomes a participating member in any of the government retirement systems or funds, shall be at any time entitled at his/her request and while maintaining his/her status as participant in the same, to be credited for retirement purposes for all the time that he/she has been in active services in the Armed Forces or pursuing studies totally or partially defrayed with funds provided by the Department of Veterans Affairs of the Government of the United States, including the time he/she was in active service in the Armed Forces prior to the effectiveness of this act.
(A) To have these services credited, regardless of when they were rendered, the veteran shall pay the corresponding contributions plus simple annual interest at six percent (6%) according to the salary which is less, as compared to the salary earned when entering the government service and the salary earned when entering active service in the Armed Forces or to the discharge date, from the moment the unpaid creditable services were rendered, or until the date of their total payment, if paid in cash or until the date on which the Administrator of the pertinent Retirement System grants a payment plan. Military services rendered at any time, and during peacetime, shall be limited to five (5) years and the veteran shall pay the individual and employer contributions plus simple annual interest at six percent (6%) to the pertinent retirement system on the basis of the salary earned on entering government service as compared to the salary earned when entering active service in the Armed Forces or to the discharge date from the Armed Forces. Interest shall be computed from the time said peacetime services were rendered.
(2) Any veteran employed by the Commonwealth of Puerto Rico, its agencies, instrumentalities, public or quasi-public corporations, or by the municipal government, who avails him/herself of a study plan through leave without pay, shall be entitled to have all the time he/she spent studying accredited, for retirement purposes, while he/she was in active service and his/her studies were defrayed by the service. The government agency which granted said leave for said studies shall pay the employer’s contribution and the veteran shall pay the corresponding contribution. In these cases it shall be mandatory to provide the veteran with an easy payment plan according to the regulations established in the Retirement Act in effect.
(3) The veteran who receives disability benefits from the Government of the United States of America shall not be hindered from availing him/herself of the benefits of this chapter.
(4) The agencies within the Commonwealth of Puerto Rico, its dependencies, public corporations, municipalities and/or any other public body or instrumentality, shall defray the employer’s contributions to the retirement plan of those who were paying when they began their active military service, for up to a maximum term of five (5) years. Regarding the individual contributions corresponding to the term of their active service, the employee shall be responsible for their payment, if any, upon his/her return to work. Provided, That the veteran shall be entitled to be given the option of choosing a payment plan for making said contributions.
(5) Private sector employers shall defray the employer and individual contributions to the retirement plan to which the employee who was called to active military service and who enters into said active military service is entitled.
(6) The veteran who receives a disability pension from the Government of the United States of America shall not be hindered from availing him/herself of the benefits of this chapter.
(f) Rights related to work.—
(1) The Government of the Commonwealth of Puerto Rico, its agencies and instrumentalities, public or quasi-public corporations, municipalities and all private, natural or juridical persons who operate businesses in Puerto Rico, shall be under the obligation to:
(A) Give preference to a veteran, under equal academic and technical conditions or experience regarding his/her appointment or promotion for any position, job or employment opportunity.
(B) Reinstate a veteran or reservist to the same position or work he/she was performing when he/she was called to active service or voluntarily joined the Armed Forces, or to an equal or similar position, if the veteran formally requests his employer to do so within one hundred and eighty (180) days following his/her honorable discharge from the Armed Forces. If such a position does not exist, the veteran shall have placement priority in another position within the company or government agency, and the employer shall be responsible for doing everything possible to train or retrain the veteran. This right does preclude the obligations the employer may have under the American with Disabilities Act, Public Law 101-336, or any other federal or Commonwealth legislation that may be of benefit to the veteran who returns to his/her job or to the active labor market.
(C) In those cases whereby, as a requirement of the process for employment, a veteran has taken any test or exam as part of an employment, reinstatement or promotion application and in the corresponding test or exam said veteran had obtained the minimum punctuation required to qualify for employment, reinstatement or promotion to the corresponding position, said veteran is guaranteed the right to have his/her punctuation increased by adding ten (10) points or ten percent (10%), whichever is greater, to the punctuation obtained by said veteran in the corresponding test or exam.
(D) Offer competitive tests to any veteran who, due to being in active service, has not been able to take the competitive tests and who requests the same within one hundred and eighty (180) days after having returned to work; and if he/she passes said tests, the veteran’s name is to be included in the corresponding list or register.
(E) Notify the Office of the Advocate for Veterans Affairs about any employment announcements for any competitive positions or jobs available. Said Office shall in turn notify duly organized veterans organization through a web page of said Office accessible through the Internet or rather in the web portal of the Government of Puerto Rico or through any other means deemed pertinent.
(F) Every member of the Armed Forces of the United States who holds a regular post within the Commonwealth, its dependencies, public corporations, municipalities and/or any other public body or instrumentality, or a regular post in the public sector, or an equal or similar post to the one he/she occupied with the same rights and privileges the employee would have had at the time of entering active services in the Armed Forces is hereby guaranteed the right to reemployment. The employee shall retain all his/her rights and privileges including, but not to be understood as a limitation, his/her right to seniority as if he/she had continued occupying the position he/she had when he/she joined the Armed Forces as well as any development or growth in the position he/she occupied had he/she continued occupying the same uninterruptedly, among others. The right to reemployment shall be extended for the period during which the veteran is in active service in the Armed Forces, regardless of the number of years said veteran serves in the Armed Forces. Provided, That this rule shall not apply retroactively to those person who have not previously been veterans nor members of the reserve corps, and who voluntarily enlist as new members of the regular Armed Forces.
(g) Additional rights.— Except when specific provisions of other sections of this chapter or of other special laws or legislation or federal regulations to the contrary, apply, the Government of the Commonwealth of Puerto Rico shall implement the following general considerations towards those veterans who solicit public services or benefits from any government agency or program.
(1) Veterans, their spouses and minor and/or disabled children shall be entitled to a discount of ten percent (10%) from the individual fee charged when visiting or soliciting services in areas belonging to National Parks such as beaches, zoos, aquariums, vacation centers and camping areas, as well as any other recreational area. This benefit shall be transferable to the surviving spouse and to the minor and/or disabled children upon the death of the veteran.
(2) Veterans shall be entitled to the preferential discounts or fees available in any other recreational or cultural facilities. The Advocate is authorized to negotiate said benefits as provided by law.
(3) In the case of an application by a veteran or a surviving spouse of a veteran for public assistance benefits which are conditioned by income level, the Special Monthly Pension supplementary payment granted for aid and attendance and for being homebound of the Department of Veterans Affairs shall not be deemed as income for the purpose of determining eligibility.
History —Dec. 14, 2007, No. 203, § 4; Mar. 9, 2009, No. 7, § 65; July 10, 2009, No. 37, § 35; Sept. 29, 2011, No. 200, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/738/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 738 - Evidence of service in the Armed Forces
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 738 - Evidence of service in the Armed Forces
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For the purposes of this chapter, the honorable discharge or separation certificate or a certification issued to that effect by the Federal Veterans Administration or by the corresponding federal authority shall be accrediting evidence of having served in the Armed Forces of the United States of America.
History —Dec. 14, 2007, No. 203, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/739/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 739 - Rights of surviving spouse and minor or disabled children
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 739 - Rights of surviving spouse and minor or disabled children
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(a) The privileges and exemptions granted to a veteran by this chapter shall subsist, in the case of death, for all the time said veteran would have enjoyed them it he/she had lived, in favor of his/her surviving spouse and his/her minor children and those of legal age that are disabled.
(b) Such benefits shall cease with regard to his/her surviving spouse as soon as he/she remarries, and as to the minor children, as soon as they reach legal age and as to disabled children, as soon as said disability ceases after having reached legal age.
History —Dec. 14, 2007, No. 203, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/740/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 740 - Government regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 740 - Government regulations
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(a) In addition to the regulations this chapter expressly demands from the various government departments or agencies, all Branches of the Government of the Commonwealth of Puerto Rico and the subdivisions or agencies of said Branches, as well as the instrumentalities, public or quasi-public corporations, and the municipal governments, must enforce those regulations or amend those that already exist so as to comply with the provisions of this chapter.
History —Dec. 14, 2007, No. 203, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/741/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 741 - Creation of the Advisory Board
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 741 - Creation of the Advisory Board
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(a) A Board, to be known as the “Puerto Rican Veterans Affairs Advisory Board”, is hereby created attached to the Office of the Advocate for Veterans Affairs of Puerto Rico, to be constituted by one member of each of the veterans service organizations recognized by the Federal Department of Veterans Affairs in Puerto Rico, four members representatives of the public interest, the Secretary of the Department of Labor and Human Resources, the Secretary of the Treasury, the Secretary of Education, the Director of the Commonwealth Office of Human Resources, the Advocate for the Disabled and the Resident Commissioner in Washington.
(1) The Advocate for Veterans Affairs of Puerto Rico, henceforth called the Advocate, shall be a member of the Board and shall Chair the same.
(2) The Secretary of the Department of Labor and Human Resources shall be the Secretary of the Board.
(3) All members shall have voice and vote.
(4) The members of each of the veterans service organizations recognized by the Federal Department of Veterans Affairs in Puerto Rico, shall be selected by each of their organizations and the four (4) members representatives of the public interest shall be appointed by the Advocate with the approval of the Governor of Puerto Rico for a term of two (2) years each, with the Board being renewed every two (2) years. Should any vacancy arise, the Advocate, with the approval of the Governor, shall appoint a new member to cover said vacancy, establishing that in case it is a member of the veterans organizations it shall be that organization that shall recommend the appointment and determine who shall occupy the position until the expiration of the term for which the substituted member was appointed. These members may be dismissed from office by the Advocate at any time the public interest may so require.
(5) All members of the Board from each of the veterans service organizations must be veterans, according to the criteria established by the Federal Department of Veterans Affairs and at least two (2) of the members must be females. Every veterans service organization accredited by the Federal Department of Veterans Affairs in Puerto Rico must submit the name of its representative, who will be recommended by the Advocate. The Advocate shall appoint the members of the public sector.
(b) The members shall receive a per diem of forty dollars ($40) for each day they perform Board functions, but in no case may the total amount paid on that account to all members exceed six thousand dollars ($6,000) per year.
(c) The Board shall adopt bylaws for its internal operations and except for what has been expressly provided in this chapter, it shall adopt its agreements by the majority of the members present. The Board shall meet at the initiative of the Chairperson, who shall call for meetings to be held at least six (6) times a year and who shall also be bound to call for a Board meeting when three-fourths (¾) of its members so require in writing.
(d) The Board shall hold public hearings in relation to any matter before its consideration at the initiative of the Advocate or by agreement of the majority of the members at least once a year or when the public interest so justifies.
(e) The Board may obtain from the Advocate any information it may deem necessary and reasonable for carrying out its functions, although such information shall be of a confidential nature. The preceding notwithstanding, the Board may refer to said information in its reports which it shall submit to the Advocate who shall in turn submit the same to the Governor and to the Legislature with his/her points of view and recommendations concerning the legislative actions that should be adopted to deal with all matters related to the veterans.
(f) The Board shall have the following duties, among others:
(1) Intervene in any specific matter the Advocate may submit.
(2) Investigate and inform the Advocate about public or private practices that may be adverse to the best interests of Puerto Rican veterans.
(3) Advise and act as consultant to the Advocate, motu proprio or when solicited, relative to diverse matters, but not necessarily limited to those, such as: discrimination against veterans as to employment or studies for reasons such as age, race, creed, gender, color, origin, social condition, political affiliation or injuries of a military origin or other; vested rights, reemployment, negative or positive preferences, fair and equitable examination offers, rights related to education, hospitalization, contributions, taxes, accreditation of time served in the Armed Forces for retirement purposes, pensions for years of service, death payments, rights of heirs, exemptions for disabled veterans, evaluation of the services provided by the Veterans Administration, including the classification and origin of the illness, evaluation of the medical-hospital and psychiatric services provided by public or private institutions, acquisition of automobiles for disabled veterans, issue of special license plates with distinctive symbol, the use of war surplus, certificates issued by government agencies, and the problems with the government encountered by veterans in relation to their education, employment, housing and necessary legislation.
(4) The Board shall have no executive or administrative powers of any kind whatsoever and its function shall merely be of an advisory and consultative nature.
History —Dec. 14, 2007, No. 203, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/742/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 742 - Violations and penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 742 - Violations and penalties
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Those persons found to be violating any of the rights herein established shall be guilty of a crime and be fined with a sum of up to two thousand dollars ($2,000). The companies or the agencies of the Government of the Commonwealth of Puerto Rico and those individuals who hinder or act so as to affect the rights of the members of the Armed Forces or of the veterans shall be liable for the damages caused to the soldier or veteran, including the payment of attorney’s fees. The judge shall be empowered to impose a compensation of up to three (3) times the damages caused to the veteran.
The Advocate is hereby authorized to enforce the provisions of this chapter in order to investigate, address and process violations of the same and may represent in the courts of justice of Puerto Rico those veterans who have been harmed by violations of this chapter.
History —Dec. 14, 2007, No. 203, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-62/743/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743)›§ 743 - Construction
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 62 - Bill of Rights of the Puerto Rican Veteran for the 21st Century (§§ 735 — 743) › § 743 - Construction
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This chapter must be construed in the manner most liberal and beneficial to the veteran. Should there be conflict between the provisions of this chapter and those of any other law, the one most favorable to the veteran shall prevail.
History —Dec. 14, 2007, No. 203, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823 - Short title
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823 - Short title
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This chapter shall be known and shall be cited as the “Puerto Rico Veterans Advocate’s Office Act”.
History —June 27, 1987, No. 57, p. 188, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823a/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823a - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823a - Definitions
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The following terms as used in this chapter shall have the meaning indicated hereunder:
(a) Office.— Shall mean the Puerto Rican Veterans Advocate’s Office created in § 823b of this title.
(b) Advocate.— Shall mean the “Veterans Advocate” who shall be in charge of directing the Puerto Rican Veterans Advocate’s Office.
(c) Public agency.— Shall mean any department, board, commission, office, division, bureau, public corporation or any subsidiary thereof, municipality or instrumentality of the Government of the Commonwealth of Puerto Rico, and any official or employee thereof in the performance of his official duties.
(d) Veteran.— Shall mean any bona fide resident of Puerto Rico who has served in the Armed Forces of the United States of America and has been honorably discharged.
(e) Private interests.— Shall mean a private person, professional groups, private corporation, non-government entity or partnership.
History —June 27, 1987, No. 57, p. 188, § 2; Aug. 27, 1994, No. 105, § 1; Jan. 10, 1998, No. 20, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823b/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823b - Office—Creation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823b - Office—Creation
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The Veterans Advocate’s Office is hereby created, which shall be attached to the Office of the Governor, and shall have, among other functions provided herein, the responsibility of handling the problems, needs and claims of Puerto Rican Veterans in the areas of education, employment, health, housing, transportation, and social, tax and labor legislation. It shall also be responsible for establishing and developing programs to assist, guide and counsel veterans for their protection, and that of their families.
The Office shall be directed by an Advocate appointed by the Governor of Puerto Rico, with the advice and consent of the Senate. The Advocate’s salary or remuneration shall be fixed according to customary standards in the Government of the Commonwealth of Puerto Rico for positions of a like or similar nature.
The Advocate shall perform the administrative duties of his office, and shall act with autonomy with respect to the programming and administrative aspects. The office shall be deemed as an Individual Administrator for the purpose of personnel administration, pursuant to the provisions of Sections 1—10.1 of Act No. 5 of October 14, 1975, as amended, known as the “Public Service Personnel Act of Puerto Rico”. The Office shall have a term of six (6) months starting from the approval of this act to adopt personnel regulations and classification and salary plans for career and confidential services.
The Advocate may appoint a Deputy Advocate, upon prior consultation with the Governor of Puerto Rico, and delegate any of the duties, except those established in §§ 823h and 823j of this title. The person appointed as Deputy Advocate shall meet all the requirements established for the Advocate in this section.
In the event that the position of Veterans Advocate becomes vacant due to illness, disability, temporary absence or any other reason, the Deputy Advocate shall assume all his functions, duties and powers until a successor is designated and takes office.
History —June 27, 1987, No. 57, p. 188, § 3; Dec. 13, 1990, No. 38, p. 1554, § 3; Aug. 27, 1994, No. 105, § 2.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823c - Office—Functions and responsibilities
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823c - Office—Functions and responsibilities
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The Office shall have the following functions and responsibilities, in addition to any others provided in this chapter or in the statutes or programs whose administration and implementation is delegated to it:
(a) To develop all necessary and pertinent activities leading to a better, more effective, fairer and more efficient application in Puerto Rico of all federal and Commonwealth laws on pensions, bonuses and benefits of all kinds for veterans of the United States Armed Forces and their families.
(b) To put into effect and to ensure compliance of the provisions of Act No. 13 of October 2, 1980, as amended, known as the “Puerto Rican Veterans’ Bill of Rights”, the regulations promulgated thereunder and any other laws or regulations to be approved in the future, in benefit of Puerto Rican veterans and their families.
(c) To take any measures deemed necessary, including legal counsel of medical experts or liaison personnel, for the speedy handling of all types of matters, petitions, investigations and claims of Puerto Rican veterans and their families, in the National Veterans Administration in its Washington, D.C. offices, the Social Security Administration and in its local or regional offices. To such purposes, it may obtain, furnish or contract for legal, medical or technical services, or appear for and in representation of the veterans and their families who qualify for benefits under the pertinent federal laws, before any forum, Commonwealth or federal court, board or commission, administrative body, department, office or agency of the Commonwealth of Puerto Rico, in any hearing, proceeding or matter that affects or may affect these persons’ interests, rights and benefits.
(d) To carry out, by itself, or in coordination with other public agencies, the needed studies on the problems related to education, work, housing and others for Puerto Rican veterans, their widows and children, and shall draft and recommend to the Legislature of Puerto Rico those legislative measures it deems are useful and necessary to help veterans and their families.
(e) To establish and organize a program whereby veterans and their families may channel their complaints or claims in those cases in which public agencies fail to act or their rights have been violated, and to serve as liaison between them and the agencies concerned.
(f) To establish and execute a vigorous counseling and guidance plan with regard to all the programs, services and benefits to which Puerto Rican veterans and their families are entitled, and on the requirements, mechanisms, means, resources or procedures to obtain, participate and benefit from them, and to assert their rights.
(g) To provide a Puerto Rican flag, free of charge, to the family of a deceased veteran when said flag is requested to be used in the veteran’s funeral.
History —June 27, 1987, No. 57, p. 188, § 4.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823d - Advocate—Powers and duties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823d - Advocate—Powers and duties
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In order to comply with the purposes of this chapter, the Advocate shall have the following powers and duties, among others:
(a) To determine the internal organization of the Office and establish any systems that are needed for its proper functioning and operation, as well as to perform the administrative and managerial activities needed to implement this chapter and any other local or federal acts and the regulations adopted by virtue thereof which are delegated to him.
(b) In accordance with what is established in § 13 of this act, subject to the Governor’s approval, to appoint the personnel needed to execute the purposes of this chapter, pursuant to Act No. 5 of October 14, 1975, as amended, known as the “Public Service Personnel Act”, deemed necessary to carry out the purposes of this chapter, subject to the standards and regulations of the Department of the Treasury.
(c) To enter into agreements or contracts with the agencies of the Government of the Commonwealth of Puerto Rico and of the Government of the United States of America to render services to veterans and their families that will ensure the protection of their rights, and for the administration of any program or funds appropriated for those purposes.
To such effects, the Office of the Veterans Advocate is designated as the agency of the government of the Commonwealth of Puerto Rico which shall be charged with the administration of any Commonwealth or federal program which, because of its nature, purpose and scope, is related to the functions entrusted to it by this chapter. The Advocate, after consultation with the Governor, shall have the responsibility of entering into and executing all the necessary contracts and agreements so that the Commonwealth of Puerto Rico can receive all federal funds and benefits in order to carry out said programs.
(d) To render an annual report of all its activities to the Legislature of Puerto Rico.
(e) Prepare and administer the budget of the Office as well as the funds which, by virtue of any local or federal laws, are appropriated or assigned to the Office for their administration, and also establish an accounting system pursuant to the legal provisions in effect with regard to the accounting, administration and disbursement of public funds.
(f) In the exercise of his/her discretion and in compliance with the ministerial duty to watch over the best interests of veterans and their families, the Advocate, upon prior consultation with the Governor, may negotiate and grant to private interests all types of contracts or use other contracting models, including the delegating of the operation and total or partial administration of installations, facilities or programs that have been delegated to him/her or that the Veterans Advocate’s Office is in charge of.
History —June 27, 1987, No. 57, p. 188, § 5; Dec. 13, 1990, No. 38, p. 1554, § 4; Aug. 27, 1994, No. 105, § 3; Jan. 10, 1998, No. 20, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823e/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823e - Advocate—Investigative powers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823e - Advocate—Investigative powers
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The Advocate may exercise all the powers, prerogatives and functions needed to ensure due compliance with the laws and regulations approved in the local jurisdiction which promote help, assistance and protection to veterans and their families. The Advocate may, for the above purposes, attend to, investigate, process and adjudicate complaints and may also direct that applicable legislation be complied with, in those cases in which any natural or juridical person, or any public entity denies, hinders or in any way violates or injures the enjoyment of the rights, privileges and benefits granted to benefit veterans and their families under such laws.
History —June 27, 1987, No. 57, p. 188, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823f/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823f - Advocate—Procedures
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823f - Advocate—Procedures
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In the exercise of the powers and prerogatives conferred in § 823d of this title, the Advocate shall:
(a) Perform investigations and obtain the information he deems pertinent with regard to the complaints he investigates.
(b) Conduct administrative hearings and visual inspections. The hearings before the Advocate shall be public, but they may be held privately when it is justified because of the public interest.
(c) Take oaths and statements personally, or by his authorized representatives in all cases related to the purposes of this chapter and the activities of the Veterans Advocate’s Office.
(d) Inspect records, inventories, documents and physical facilities of the public agencies and private entities, subject to the provisions of this chapter and other statutes under his administration and jurisdiction which are pertinent to an investigation or a complaint being considered.
(e) Order the appearance and testimony of witnesses, require the presentation and reproduction of any papers, books, documents and other evidence pertinent to an investigation or a complaint under his consideration.
When a duly summoned witness does not appear to testify, or does not produce the evidence required, or refuses to answer any question with regard to an investigation conducted pursuant to the provisions of this chapter, the Advocate may request assistance from any part of the Court of First Instance of Puerto Rico to require its assistance, and the statement or the production of evidence requested, as the case may be. The Secretary of Justice shall furnish the needed legal assistance to the Advocate for such purposes.
No natural or juridical person shall refuse to answer a summons issued by the Advocate or his authorized representative, nor may he refuse to produce the required evidence, nor refuse to answer any question with regard to any matter being investigated by the Advocate, nor can he refuse to obey a court order issued to such effects, by alleging that the testimony or evidence in question could incriminate him or would expose him to a criminal suit or dismissal or suspension from his employment, occupation or profession. Likewise, no person shall be judged nor shall be subject to any sanction or forfeiture as a result of any transaction, matter or thing with regard to which he may be bound to give testimony or present evidence, after having claimed his privilege of refusing to incriminate himself, except that the person who gives testimony in this manner shall not be exempt from being sued or sanctioned for perjury, if he is guilty of such offenses.
The procedures for the filing, handling and investigation of complaints shall be governed by the regulations adopted to such effects, in all applicable matters not provided in this chapter.
History —June 27, 1987, No. 57, p. 188, § 7.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823g - Advocate—Investigation of complaints
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823g - Advocate—Investigation of complaints
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Every complaint filed under the provisions of this chapter shall be processed in the manner provided by regulations, and the Advocate shall advise the complainant of his decision to investigate the facts presented. He shall also advise him, when indicated, of his decision not to investigate the complaint in question, stating his reasons therefor. In those cases that he decides to investigate the complaint, on the same date he processes the corresponding notice to the complainant, he shall thus advise the respondent public agency or the private entity, as the case may be, with a statement of the facts alleged in the complaint, and a quotation from the law that empowers him to perform such investigation.
Notwithstanding the provisions of § 823e of this title, the Advocate shall not investigate those complaints which, in his judgment:
(a) The complaint refers to some matter outside of his jurisdiction.
(b) The complaint is frivolous or has been filed in bad faith.
(c) The complainant voluntarily desists from continuing the course of the complaint filed.
(d) The complainant does not have the capacity to file the complaint.
(e) The complaint is being investigated by another agency and, in the Advocate’s judgment, would duplicate efforts if acted upon.
In those cases in which the complaint filed does not introduce any adjudicable contention or refers to some matter beyond the Office’s jurisdiction, the Advocate shall advise the complainant regarding the solution thereof, or shall refer it to the proper agency.
Provided, That the Advocate may perform whatever investigations he considers pertinent, provided there are sufficient reasons, in his judgment, to cause an investigation as provided in § 823e of this title.
History —June 27, 1987, No. 57, p. 188, § 8.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823h - Advocate—Examining officials
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823h - Advocate—Examining officials
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In the performance of the adjudicative duties conferred upon the Advocate in § 823f of this title, the Advocate may designate examining officials to preside the administrative hearings that are conducted. After the administrative hearing is concluded, the designated examining official shall render a report to the Advocate containing a statement of facts with his conclusions and recommendations. Within a reasonable period of time, the Advocate shall issue a ruling on the complaint submitted to his consideration.
History —June 27, 1987, No. 57, p. 188, § 9.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823i - Advocate—Judicial review
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823i - Advocate—Judicial review
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Any party that is affected adversely by the Advocate’s ruling may request a judicial review thereof before the Court of First Instance part that corresponds to the complaint’s residence. Such request must be filed within fifteen (15) days following the date of notice of the Advocate’s ruling.
The action for judicial review shall be executed by filing a petition before the clerk of the court in which the petitioner shall state the grounds for his petition for review and on the date it is filed shall serve the Advocate with a copy of the petition for review. The Advocate shall remit a certified copy of the documents on file to the court within ten (10) days following the date on which he was notified that the writ of review was issued.
The court shall resolve the case within thirty (30) days after it is filed and shall review it on the grounds of the administrative record submitted, solely as to the conclusions of law. The Advocate’s findings of fact shall be conclusive for the court if they are sustained by substantial evidence throughout the record.
History —June 27, 1987, No. 57, p. 188, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67/823j/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823j - Advocate—Regulatory powers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823j - Advocate—Regulatory powers
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The Advocate may adopt the regulations that are needed for the operation and implementation of the provisions of this chapter, subject to the Governor’s approval.
With regard to the power to regulate which is expressly granted, or required from the several departments or government agencies by Act No. 13 of October 2, 1980, known as the “Puerto Rican Veterans’ Bill of Rights”, to implement the rights granted in benefit of the veterans and their families, it is hereby provided that every regulation promulgated to such effects shall have the approval of the Governor of Puerto Rico.
History —June 27, 1987, No. 57, p. 188, § 11.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k)›§ 823k - Advocate—Public agencies, collaboration and obligation
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67 - Veterans Advocate’s Office (§§ 823 — 823k) › § 823k - Advocate—Public agencies, collaboration and obligation
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In pursuing the purposes of this chapter, the Advocate shall request the services, facilities and personnel of any public agency and said agency shall render and make them available to him.
Pursuant to the provisions of subsection (f) of § 823c of this title, and every public agency that offers, renders, administers or has jurisdiction over any procedures, programs, funds, activities, benefits or services for veterans shall remit to the Office which is entitled to require no less than five (5) copies of all regulations standards, executive orders, decisions, opinions, service manuals or manuals of procedures which are in effect under applicable local and federal statutes with regard to veterans. Public agencies shall comply with these provisions within thirty (30) days following the date of the Office commences its operations. Subsequently, and in every case that standards, rules and procedures are approved or amended, modified or repealed, or new requirements are established, or the services or benefits offered by public agencies are extended, eliminated or altered, they shall send no less than five (5) copies each of these changes, amendments or modifications, as the case may be, to the Office within fifteen (15) days following the date such action is taken.
History —June 27, 1987, No. 57, p. 188, § 12.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67A - Veterans State Cemetery (§§ 851 — 855)›§ 851 - Establishment
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67A - Veterans State Cemetery (§§ 851 — 855) › § 851 - Establishment
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“The Puerto Rico Veterans State Cemetery” is hereby established.
History —June 22, 2000, No. 106, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67a/852/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67A - Veterans State Cemetery (§§ 851 — 855)›§ 852 - Supervision
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67A - Veterans State Cemetery (§§ 851 — 855) › § 852 - Supervision
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The establishment, supervision and maintenance of the Puerto Rico Veterans’ State Cemetery, hereinafter the Cemetery, shall be under the supervision of the Municipality of Aguadilla, following the directives of the Office of the Veterans Advocate.
History —June 22, 2000, No. 106, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-67a/853/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67A - Veterans State Cemetery (§§ 851 — 855)›§ 853 - Powers and duties
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67A - Veterans State Cemetery (§§ 851 — 855) › § 853 - Powers and duties
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The Veterans’ Advocate shall have the following obligations and duties:
(a) Select an area in the Municipality of Aguadilla to establish the Puerto Rico Veterans Cemetery.
(b) Acquire an adequate place to establish the Cemetery through purchase, donation, contract, eminent domain or transfer.
(c) Request or accept money, materials or any type of assistance that may be provided by the municipal, state or federal governments or by the private or public sector for the operation and maintenance of the Cemetery.
(d) Select and hire the persons needed for the maintenance and operation of the Cemetery.
(e) Establish eligibility criteria for the burial of persons in the Cemetery, and establish rates to bury the veterans’ next of kin, as provided hereinafter.
(f) Promulgate regulations, after holding public hearings to such effect that concern its direction, operation and management.
(g) Prepare an annual report of the operation, and submit it to the Governor and the Legislature, and
(h) Perform all other functions and duties which are necessary and appropriate to execute the purposes of this chapter.
History —June 22, 2000, No. 106, § 3.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67A - Veterans State Cemetery (§§ 851 — 855)›§ 854 - Selection of site
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67A - Veterans State Cemetery (§§ 851 — 855) › § 854 - Selection of site
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The site where the Cemetery shall be located shall be selected by the Office of the Veterans’ Advocate and approved by the Department of Veteran’s Affairs. The site to be selected shall be within the Municipality of Aguadilla. It shall be a place convenient for all the veterans of the sector who meet the guidelines established by the Administrator of Veteran’s Affairs of the United States.
History —June 22, 2000, No. 106, § 4.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 67A - Veterans State Cemetery (§§ 851 — 855)›§ 855 - Eligibility
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 67A - Veterans State Cemetery (§§ 851 — 855) › § 855 - Eligibility
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The following persons may be buried in the Puerto Rico Veterans State Cemetery:
(a) Any veteran or member of the Armed Forces of the United States who:
(1) Dies honorably while serving in the Armed Forces of the United States.
(2) Has served as an active member of the United States Army, his/her service has been completed and has been a resident of Puerto Rico at the time of his/her death or has been a resident of Puerto Rico for the last ten (10) years prior to his/her death.
(b) Any member or the immediate family [sic] of the veteran who qualifies, subject to the payment of a fee to be established by the Veterans’ Advocate. The Veterans’ Advocate shall establish through regulations to such effect, the members or relatives that qualify.
(c) The provisions of this chapter are applicable to those persons who served honorably as members of the Puerto Rico National Guard or the United States Reserve who, at the time of their death, qualified for retirement or who qualify, but were not retired because they are less than sixty (60) years of age. The bodies of those who were eligible but are buried elsewhere, may be buried in the Cemetery. To such effect, a person with legal authority shall be requested to carry out the transfer.
No fee shall be charged for those veterans that qualify. There shall be no discrimination for reason of race, color, origin, sex or religious belief.
History —June 22, 2000, No. 106, § 5.
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864)›§ 861 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864) › § 861 - Definitions
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Veteran.— Person declared as such, as provided in Act No. 203-2004.
Small business.— A business in which one or more veterans, or an eligible surviving spouse, own at least fifty-one percent (51%) thereof or fifty-one percent (51%) of the shares thereof;
A business where the daily management and operations are controlled on a full-time basis by one or more veterans, or an eligible surviving spouse, or in the case of veterans with severe or permanent disabilities, the spouse or guardian of said veteran;
A business that complies with the small businesses criteria established by the Government of Puerto Rico and applicable to the code identified in the application form of the “North American Industry Classification System” (NAICS); and
A business whose ownership and control has been verified and entered into the database or registry of the Veteran-Owned Small Business Verification Guidelines Program.
Service-disabled veteran.— Refers to a veteran with a service-connected disability.
History —June 13, 2012, No. 113, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-68/862/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864)›§ 862 - Administrating entity
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864) › § 862 - Administrating entity
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The Puerto Rico Industrial Development Company shall be in charge of administering the Veteran-Owned Small Business Verification Guidelines Program.
History —June 13, 2012, No. 113, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-68/863/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864)›§ 863 - Powers of the administrating entity
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864) › § 863 - Powers of the administrating entity
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(a) Approve the regulations needed to govern the Veteran-Owned Small Business Verification Guidelines Program using the minimum guidelines set forth in this chapter.
(b) Establish a Veteran-Owned Business Registry.
(c) Prepare a promotion and marketing plan about the benefits of the new act.
(d) Initiate investigations and recommend actions to be taken with regards to cases in which the registration process is deemed to have been conducted fraudulently.
(e) Establish a statistical database about the progress of both the act and the persons who benefit therefrom.
History —June 13, 2012, No. 113, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-iv/chapter-68/864/
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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 IV - Veterans (§§ 731-734 — 864)›Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864)›§ 864 - Veteran-Owned Small Business Verification Guidelines Program
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART IV - Veterans (§§ 731-734 — 864) › Chapter 68 - Veteran-Owned Small Business Verification Guidelines Program Act (§§ 861 — 864) › § 864 - Veteran-Owned Small Business Verification Guidelines Program
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The Guidelines Program shall be governed by the following general parameters:
(1) Offers may only be requested by veterans.
(2) Any recognition resulting from this proposal shall be given to the veterans.
(3) Eligibility of the surviving spouse. The surviving spouse of a veteran may retain the classification of veteran-owned small business or service-disabled veteran-owned small business.
(4) Annual verification. An annual verification shall be conducted to corroborate that the businesses continue to be owned and controlled by a veteran. If the ownership or control of the business changes, it shall be the responsibility of the owner thereof to immediately inform the Puerto Rico Industrial Development Company.
(5) Verification examination visits. These visits shall be focused on verifying the management and control of the operations to determine that the business is really independent rather than just representing a non-veteran-owned business that employs a veteran by offering him a commission or fee.
(6) Visits to the business. It shall be the responsibility of the Puerto Rico Industrial Development Company to visit the place where the business is located.
(7) Any business registered in the database of the Program that is found to be illegible shall be immediately removed from the registry.
(8) Full-time control. The Program requires that the eligible party, namely the veteran, has full-time control of the business. This requires the eligible owner to have only one business at a time within the Program and to work full-time in such business.
History —June 13, 2012, No. 113, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1101/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1101 - Short title
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1101 - Short title
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This chapter shall be known in the Spanish language as the “Ley del Derecho al Trabajo” and in the English language as the “Right to Employment Act”.
History —June 21, 1968, No. 115, p. 253, title I, § 1, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1102/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1102 - Administration created; executive functions; Advisory Board; regional committees
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1102 - Administration created; executive functions; Advisory Board; regional committees
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A public corporation of the Government of the Commonwealth of Puerto Rico is hereby created and designated as the “Right to Employment Administration”. Said government entity is hereby transferred and attached to the Department of Labor and Human Resources as an operating component thereof, under the general direction, supervision, coordination and evaluation of the Secretary of Labor and Human Resources. Likewise, all powers and faculties of the Administration conferred by law to be exercised by the Governor of Puerto Rico, are hereby transferred to the Secretary of Labor and Human Resources. The executive functions of the Administration shall be discharged by an Administrator, who shall be appointed by the Governor upon the recommendation of the Secretary of Labor and Human Resources and with the advice and consent of the Senate, for a term of four (4) years and until his/her successor is appointed and takes office. The compensation or salary of the Administrator shall be assigned by the Governor and shall be consigned annually in the general operating expenses budget of the Government of Puerto Rico. The salary of the Administrator shall be sixty thousand dollars ($60,000) per year. The Administrator shall answer directly to the Secretary of Labor and Human Resources regarding all matters involving the Administration and shall be subject to the established policy and the directives and standards promulgated by the Secretary. The Secretary shall approve the internal organization of the Administration, shall determine the programmatic priorities and establish the liaison and coordination mechanisms that must exist between the Administration and all the other components of the Department. The Right to Employment Administration shall continue to be an operating arm for the development of training and employment strategies in Puerto Rico.
There shall be an Advisory Board, which shall advise the Administrator in the implementation of the provisions of this chapter. Said Board shall be composed of the Secretary of Labor and Human Resources, who shall be its Chairman, the Secretary of Agriculture, who shall be its Vice-Chairman, the Secretary of Transportation and Public Works, the Secretary of Education and five (5) additional members appointed by the Governor with the advice and consent of the Senate. The latter shall be selected as follows: one from the working force, one from the farmers, another from among the mayors, another from among the industrialists and another from the community in general. One of said members shall be a person over eighteen (18) and under twenty-five (25) years of age. The initial appointments of these five (5) members shall be made as follows: two for a term of four (4) years, two for a term of three (3) years and one for a term of two (2) years. Subsequent appointments shall all be made for a term of four (4) years. These members shall fulfill their duties until their successors are appointed and qualify. The members of the Advisory Board shall not receive compensation for their services as such.
The Administration shall organize special committees, of a regional character, composed of representatives of the workers, the employers and the community in general, for the purpose of receiving advice in relation to the fulfillment of the functions assigned to them hereunder.
History —June 21, 1968, No. 115, p. 253, title I, § 2; Apr. 24, 1972, No. 17, p. 31, § 1; July 19, 1998, No. 153, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1103/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1103 - Development of additional employment opportunities, training or retraining
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1103 - Development of additional employment opportunities, training or retraining
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The function of the Right to Employment Administration shall be to develop the creation insofar as permitted by the funds at its disposal, by other public entities or by private employers, of additional employment opportunities, training or retraining and in specific cases to provide said opportunities directly by itself.
History —June 21, 1968, No. 115, p. 253, title I, § 3, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1104/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1104 - Workers eligible for benefits
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1104 - Workers eligible for benefits
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For the purposes of this chapter a worker entitled to receive the benefits of same shall be any person over sixteen (16) years of age, who is fitted for work or for training or retraining for work and who is still unemployed after having tried to obtain employment in accordance with the regulations adopted to such effect by the Administration.
History —June 21, 1968, No. 115, p. 253, title I, § 4, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1105/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1105 - Use of workers’ registers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1105 - Use of workers’ registers
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The Administration, in cooperation with the Employment Service of the Department of Labor and Human Resources, may use the workers’ registers that for each municipality of Puerto Rico said service owns and may use these registers to determine which workers are between the ages of sixteen (16) to twenty-one (21), which are over twenty-one (21) years, those who are heads of families or principal family supporters, as well as any other information pertinent to the programs of the Administration.
History —June 21, 1968, No. 115, p. 253, title I, § 5, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1106/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1106 - Programs in relation to age
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1106 - Programs in relation to age
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In the case of workers between sixteen (16) and twenty-one (21) years of age, the Administration shall emphasize the training programs, although it may also provide or facilitate employment or retraining.
In the case of workers over twenty-one (21) years, the right to employment shall primarily mean the right to an employment, but may also be construed in appropriate cases as the right to training for the job or the retraining in new types of work.
Notwithstanding their ages the training or retraining provided to the workers shall be with pay.
History —June 21, 1968, No. 115, p. 253, title I, § 6, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1107/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1107 - Juridical personality
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1107 - Juridical personality
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The Administration shall have juridical personality separate and apart from the State. The debts and obligations of the Administration shall not be the debts or obligations of the Commonwealth of Puerto Rico, nor of its political subdivisions, the latter not being liable for same.
History —June 21, 1968, No. 115, p. 253, title I, § 7, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1108/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1108 - Rights and powers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1108 - Rights and powers
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The Administration shall have, and is hereby vested with, all the rights and powers necessary and convenient for the carrying out of the purposes mentioned, including, but without limitation, the following:
(a) To carry out agreements and contracts to fulfill the purposes of this chapter.
(b) To sue and be sued.
(c) To establish the standards and bylaws necessary for its operation and functioning. The disbursements of the Administration shall be made in accordance with said regulations and with the budgets approved by the Governor.
(d) To appoint and hire personnel, and contract workers, officers, agents, employees, professional or technical services, to pay for such services and to fix and pay any other emoluments. As an exception to the provisions of § 1152 of this title, all the Administration’s personnel shall be classified in the Exempt Service under the Personnel Act. The Administration shall adopt an internal personnel regulation which shall be based on the basic principles of the merit system.
(e) To acquire materials and equipment without being subject to Act No. 96 of June 29, 1954, known as the Procurement and Service Act.
(f) To supply materials and equipment for the carrying out of the projects agreed upon with government agencies and with the municipalities.
(g) To request and obtain any funds or assistance from the federal government or from private sources to carry out the purposes provided for in this chapter under the conditions to be established in applicable legislation, regulation, agreement or contract. The Administration is hereby authorized to sponsor projects originated under federal laws; to act as constituent or delegating agency, and to supervise the use of the funds thus acquired. This authorization is not made extensive to those federal programs where other agencies of the Commonwealth of Puerto Rico have been designated by law, as the agencies called to participate in such programs.
(h) To control in an exclusive manner its properties and activities.
(i) To adopt a corporate seal from which judicial acknowledgment shall be taken.
(j) To decide the character and necessity of all its expenses and the manner in which same shall be incurred, and to authorize it to pay, without being subject to the laws which regulate the disbursements of public funds.
(k) To acquire in any legal manner and possess, administer, lease, sell or in any form dispose of properties or any interest therein, which it may consider necessary for the fulfillment of its purpose.
(l) To carry out directly or by contract the promotion and publicity of the activities and programs of the Administration.
(m) To adopt, amend and repeal rules and regulations to direct the standards of its activities in general and to exercise and fulfill the powers and duties granted by law. Prior to the adoption of said rules and regulations, the Administration shall hold public hearings, notice of which shall be given to the public, with sufficient time in advance to the holding thereof and in which the public shall be given the opportunity to express their views on the rules and regulations that the Administration proposes to adopt. Once said rules and regulations are approved by the Administration, same shall be promulgated in accordance with the provisions of Act June 30, 1957, No. 112. Internal regulations may be adopted without being subject to said sections.
(n) To enter into agreements with private employers or with government agencies to provide for the recruitment or contracting of personnel to carry out training or retraining programs, to contribute the necessary funds for the payment of the fees of this personnel as well as for the equipment and materials.
(o) To carry out studies relative to unemployment and subemployment; establish pilot projects, make short and long term plans relative to the normal demand of employees, to the needs for additional employment, and relative to the manner of carrying out its programs effectively.
(p) To acquire by condemnation the lands and any other properties and rights necessary to carry out the purposes for which it was created. When, in the judgment of the Administration, it is necessary to take immediate possession of the condemned property it shall request from the Governor that in the name and behalf of the Commonwealth of Puerto Rico, he acquires them. The Governor shall have the authority to acquire the property and rights necessary for the use and benefit of the Administration, by using any means authorized by law, to carry out the purposes and ends of the Administration. The Administration shall advance to the Commonwealth the funds necessary and estimated to be the value of the property and rights to be acquired. Any difference in the value decreed by the court shall be paid by the Administration, or in its defect, by the Commonwealth of Puerto Rico. The Administration shall be under the obligation to reimburse said difference. The property title shall be transferred to the Administration by order of the court when the latter has completed the total reimbursement. In the cases in which to accelerate the fulfillment of the corporate goals and purposes, the Governor may deem it convenient and necessary that the property and title rights thus acquired be directly registered in the name of the Administration, he may so request it of the court at any time during the condemnation process and the court shall thus decree it. All real and personal property and rights or interests therein that the Administration deems necessary for corporate purposes shall be declared of public utility, which may be condemned by or for the use of the Administration without the previous declaration of public utility provided for by §§ 2901—2913 of Title 32. Once the petition for acquisition has been filed, the courts shall be empowered to fix the terms and conditions and the period of time within which the owners of such property shall deliver the possession of same to the Commonwealth of Puerto Rico or to the Administration. No appeal or guarantee, which may be rendered therein, shall delay the acquisition by and delivery of the property to the Commonwealth of Puerto Rico or to the Administration.
History —June 21, 1968, No. 115, p. 253, title I, § 8, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1109/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1109 - Exemption from taxes
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1109 - Exemption from taxes
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The Administration shall be exempt from all kinds of taxes levied or which hereafter may be levied by the Commonwealth of Puerto Rico or by any political subdivision thereof, including all its real and personal properties, its capital, income and surplus, except those imposed by §§ 1—42 of Title 11.
The Administration is likewise exempt from the payment of all kinds of fees, taxes or imposts required by law for the prosecution of judicial procedures, the issuance of certificates at the offices and dependencies of the Commonwealth of Puerto Rico and the execution of public documents and their registration in any public registry in Puerto Rico.
History —June 21, 1968, No. 115, p. 253, title I, § 9, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1110/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1110 - Annual report
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1110 - Annual report
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The Administrator shall submit a report to the Governor of Puerto Rico as to the functions and operations of the Administration at the end of each fiscal year and the Governor shall furnish copy of same to the Legislature.
History —June 21, 1968, No. 115, p. 253, title I, § 10, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1111/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1111 - Periodic reevaluation of workers
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1111 - Periodic reevaluation of workers
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The Administration shall periodically reevaluate the capacity or necessity of the workers who are covered by the benefits of this chapter to be employed, trained or retrained, for the purpose of orienting and referring them to other employments, training or educational programs carried out by government agencies or private persons.
History —June 21, 1968, No. 115, p. 253, title I, § 11, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1112/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1112 - Transfer of programs, activities and functions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1112 - Transfer of programs, activities and functions
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The Secretary of Labor and Human Resources is hereby authorized to transfer, at his/her discretion, to the Right to Employment Administration, the programs, activities and functions related to the operating phase for the development of training and employment strategies, pursuant to the purposes of this chapter.
History —July 21, 1968, No. 115, p. 253, added as § 12 on July 19, 1998, No. 153, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1113/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1113 - Vested rights
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1113 - Vested rights
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The employees of the Right to Employment Administration shall retain all the rights or the status which, on the date of approval of this act, they enjoy pursuant to the personnel classification laws, rules and regulations in effect. Likewise, should they be beneficiaries of any pension or retirement system or any savings and loan fund, they shall retain the rights, privileges, obligations and status regarding these, provided to such effect by any law for the personnel of the Department of Labor and Human Resources.
History —July 21, 1968, No. 115, p. 253, added as § 13 on July 19, 1998, No. 153, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1114/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1114 - Preserved contractual rights
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1114 - Preserved contractual rights
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The provisions of this chapter shall not be deemed to modify, alter, amend or invalidate any agreement, compact, stipulation or contract granted or executed by virtue of the provisions of §§ 1101 et seq. of this title which creates the Right to Employment Administration.
History —July 21, 1968, No. 115, p. 253, added as § 14 on July 19, 1998, No. 153, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-i/1115/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115)›§ 1115 - Repealed conflicting provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter I - Creation of the Right to Employment Administration (§§ 1101 — 1115) › § 1115 - Repealed conflicting provisions
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With the exception of the modifications that may be necessary to transfer and attach the Right to Employment Administration to the Department of Labor and Human Resources, the provisions of §§ 1101 et seq. of this title, shall remain in effect, except for those that contravene the purposes of Reorganization Plan No. 2 of May 4, 1994, which are hereby repealed.
Provided, furthermore, That the rules, regulations or orders of said Administration, which are in effect on the date of approval of this act, shall remain in effect until altered, modified, amended or repealed by the Secretary of Labor and Human Resources.
History —July 21, 1968, No. 115, p. 253, added as § 15 on July 19, 1998, No. 153, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1121/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1121 - Promotion and development of employment program
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1121 - Promotion and development of employment program
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For the fulfillment of the functions assigned by this chapter, the Right to Employment Administration may promote and develop employment programs for workers over sixteen (16) years of age in the agriculture, construction, repairing, maintenance and ornamentation of public works or buildings or of public interest, including highways, streets, roads, parks, recreation facilities and other public properties; in the cleaning, improvement and conservation of forests, beaches, places of exceptional beauty and recreation zones; in the conservation of lands, water, fishing, and other wildlife; in activities of environmental sanitation; in artisan projects; in cultural activities; in the rendering of services in offices or of personal attention such as housekeepers, nursing of the sick, the children or the old in hospitals, nurseries, health homes, and private homes when these projects are carried out under the sponsorship of nonprofit organizations or by public entities; in the protection of students against the traffic risks in the immediate school areas; in training or retraining projects in any type of occupation; in education, in the teaching of the illiterate or other persons; in the improvement and expansion of public services; and in projects analogous to those mentioned.
History —June 21, 1968, No. 115, p. 253, title II, § 1, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1122/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1122 - Authority to enter into agreements and contracts
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1122 - Authority to enter into agreements and contracts
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For the purpose of developing and providing these employments, the Administration may enter into agreements with different departments, agencies and public corporations of the Commonwealth and with the municipalities or with instrumentalities of the municipalities or intermunicipalities. The Administration shall contribute the necessary funds to pay in whole or in part the salaries of the said workers.
The Administration may also enter into contracts with private employers, whether they be natural or artificial persons of profit or nonprofit character, and with the workers’ organizations. In these cases the Administration may contribute any part of the necessary funds to pay the wages of such workers.
The workers to be selected in accordance with these agreements or contracts shall be chosen from among the workers appearing in the registries of the Employment Service of the Department of Labor and Human Resources through the procedure to be agreed upon for such purposes, or by a drawing, or any other adequate means for the attaining of the objectives of the chapter.
History —June 21, 1968, No. 115, p. 253, title II, § 2, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1123/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1123 - Action by Governor on plans submitted
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1123 - Action by Governor on plans submitted
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The Administrator shall present to the Governor at the beginning of each fiscal year a plan with the type of projects that he proposes to carry out for said year or any part of said fiscal year. The Governor shall determine whether the plan is in accordance with the standards set forth in this chapter; and if so, shall certify same and authorize its execution.
History —June 21, 1968, No. 115, p. 253, title II, § 3, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1124/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1124 - Projects to be carried out
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1124 - Projects to be carried out
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The projects to be carried out under the programs of the Administration shall be those of social utility, in which the cost of labor is a predominant factor, and shall be of such a nature that it may result in providing employment opportunities which otherwise would not be available. No projects shall be carried out which may have the effect of producing an unfair competition among different employers of the private enterprise; which may reduce employments in the government or with private employers or which lower the cost of labor of the employer for whom the work is to be done under contract, except in those cases where part of the wages is contributed toward the creation of employment opportunities which would not arise should the employer be compelled to pay the entire cost of said wage. Neither shall there be carried out projects which have, as a result, the effect of displacing persons already employed, including partial displacement that may result from the reduction of working hours or of types of wages or other benefits of the workers. The projects carried out under the public agencies and corporations of the commonwealth government or of the municipalities shall, in no case, be a substitution of the projects normally carried out by said agencies, public corporations or municipalities, but only in addition to the latter and to the normal increase in same which may permit the economic growth of the country.
History —June 21, 1968, No. 115, p. 253, title II, § 4, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1125/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1125 - Opportunity for totality of unemployed; priorities
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1125 - Opportunity for totality of unemployed; priorities
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The purpose of this chapter is that there be employment opportunities for the totality of unemployed workers in Puerto Rico. If the funds appropriated for the operation of the Administration were not sufficient in any given year for the total accomplishment of said purpose, the Administration, through pertinent studies, shall determine the priorities which, under such circumstances, should be recognized and established m the employment opportunities under this chapter, but always giving special attention to those persons who request employment when no other member of their family unit is employed. Such priorities may be related with the economic situation of the worker and his/her position as head of family; with the present and future demand for workers with determined degrees of training in the different regions or types of industries, as well as the number of unemployed youths. It is further provided that the Administration shall respect the principle of merit, adopt specific strategies geared toward identifying those applicants whose family unit does not have any other source of income, such as applicants that are heads of family and have the custody of their underage children, to expedite addressing such cases for furtherance of the prompt integration or reintegration of such persons into the workforce. The Administration shall set forth adequate coordination and articulation with the departments and agencies that provide employment services and assistance to families, such as the Department of the Family and the Department of Labor and Human Resources.
History —June 21, 1968, No. 115, p. 253, title II, § 5; Sept. 3, 2003, No. 241, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1126/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1126 - Limitations when contracting
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1126 - Limitations when contracting
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Subject to the provisions of this chapter, when contracting with private employers or with public instrumentalities, the Administration may not otherwise change or vary the conditions established by the agreements entered into, between the latter and the labor organizations; nor may it change the obligations fixed in the training agreements approved by the Training Council of the Department of Labor and Human Resources; nor interfere in any manner with the management and labor relations in those cases in which a labor union has initiated or initiates activities for the organization of a determined group of workers for the purpose of being recognized or certified as the legal representative of said workers. Neither shall the Administration furnish workers, or enter into a contract to furnish them, to any employer, if the normal employees of said employer are on strike or the employer is incurring in an unlawful labor practice.
History —June 21, 1968, No. 115, p. 253, title II, § 6, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1127/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1127 - Wages
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1127 - Wages
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The wages to be paid by private employers to the workers under the provisions of this chapter shall be those in effect at any given moment, determined by the Minimum Wage Act of Puerto Rico or of the United States, whichever of the two be the most profitable to the worker, or by collective agreements in the region for similar work.
In case the employer be a government agency, public instrumentality or municipality, the wages to be paid shall be those as received by the regular employees of the agency, instrumentality or municipality for similar jobs.
When it is the Administration which is directly offering the employment, the wages shall be fixed taking into consideration the prevailing wages in the region for similar labor and the legislative intention that through these programs there will not be established an unfair competition towards determined private employers, nor will there be restrained the normal work opportunities in the private sector.
The Administration shall determine the total hours that a worker may work in a determined week or in any period of time, considering the nature of the work, the manner in which it is done and the legislative intention that the workers who avail themselves of the benefits of this chapter shall always have sufficient incentive to accept normal employment as soon as these are available.
History —June 21, 1968, No. 115, p. 253, title II, § 7, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1128/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1128 - Rights and obligations of public employees inapplicable
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1128 - Rights and obligations of public employees inapplicable
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The workers who avail themselves of the benefits of this chapter shall not have the character of public employees for the purposes of the laws establishing the rights and obligations of public employees.
History —June 21, 1968, No. 115, p. 253, title II, § 8, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-ii/1129/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter II - Employments (§§ 1121 — 1129)›§ 1129 - Penalty for discrimination
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter II - Employments (§§ 1121 — 1129) › § 1129 - Penalty for discrimination
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No discrimination may be established by reasons of race, color, sex, birth, origin, or social condition, nor for political or religious beliefs in the employments, training or retraining which the Administration encourages or provides.
Violations of the provisions of this section by any person shall constitute a misdemeanor and shall be punishable by imprisonment in jail for not more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) or by both penalties at the discretion of the court.
History —June 21, 1968, No. 115, p. 253, title II, § 9, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-iii/1131/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter III - Training (§§ 1131 — 1133)›§ 1131 - Programs; pay during training and retraining
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter III - Training (§§ 1131 — 1133) › § 1131 - Programs; pay during training and retraining
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For the fulfillment of the functions assigned by this chapter, the Right to Employment Administration shall develop job training or retraining programs for workers between the ages of sixteen (16) to twenty-one (21) years.
The Administration shall also develop job training programs or retraining programs in new forms of jobs for workers over twenty-one (21) years of age. The workers under training or retraining shall receive pay during such period in the manner as determined by the Administration.
These training and retraining programs may be established and carried out in vocational schools, directly by the Administration or by contract with private entities, or by agreements with public agencies.
History —June 21, 1968, No. 115, p. 253, title III, § 1, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-iii/1132/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter III - Training (§§ 1131 — 1133)›§ 1132 - Sums, hours and other conditions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter III - Training (§§ 1131 — 1133) › § 1132 - Sums, hours and other conditions
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In the training or retraining programs the sums to be earned by the workers, and the hours and other training conditions shall be fixed by the Administration, taking into consideration the prevailing wages in the region, the prevailing wages in other existing training or retraining programs, the subminimum wages for apprentices provided for in § 23 of Act June 26, 1956, No. 96, the legislative intention that through such programs there shall not be established unfair competition towards determined employers of the private sector nor employment opportunities be restricted in said sector, and the objective that such sums, hours and other training conditions, or retraining, may be sufficiently attractive to create a strong incentive towards training or retraining in behalf of the workers who qualify for such programs.
History —June 21, 1968, No. 115, p. 253, title III, § 2, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-iii/1133/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter III - Training (§§ 1131 — 1133)›§ 1133 - Supplementary provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter III - Training (§§ 1131 — 1133) › § 1133 - Supplementary provisions
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The provisions of Subchapter II of this chapter shall be understood to be applicable and supplementary to the provisions in this subchapter, in a manner compatible to same.
History —June 21, 1968, No. 115, p. 253, title III, § 3, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-v/1151/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter V - General Provisions (§§ 1151 — 1152)›§ 1151 - Appropriations for operating expenses; depositaries
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter V - General Provisions (§§ 1151 — 1152) › § 1151 - Appropriations for operating expenses; depositaries
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(a) The appropriations to be made to the Right to Employment Administration shall be considered as contributions without specific fiscal year, and shall be included annually in the General Budget Joint Resolution.
(b) The Administration shall deposit all its funds in recognized depositaries for the funds of the Commonwealth Government. The said funds shall be kept in separate accounts in the name of the Administration.
History —June 21, 1968, No. 115, p. 253, title V, § 1; July 9, 1973, No. 15, p. 784, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-71/subchapter-v/1152/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 71 - Right to Employment Act (§§ 1101 — 1152)›Subchapter V - General Provisions (§§ 1151 — 1152)›§ 1152 - Assets, liabilities and personnel transferred to Occupational Development Administration
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 71 - Right to Employment Act (§§ 1101 — 1152) › Subchapter V - General Provisions (§§ 1151 — 1152) › § 1152 - Assets, liabilities and personnel transferred to Occupational Development Administration
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All contracts, obligations, funds, properties, materials, equipment and personnel of the Occupational Development Administration are hereby transferred to the Right to Employment Administration.
The Right to Employment Administration may continue the agricultural incentive programs carried out by the Occupational Development Administration. To such effect, it may receive and analyze the applications submitted by the private employers and by government enterprises.
The employees to be transferred from the Manpower Development Administration to the Right to Employment Administration, who are regular employees within the Competitive Service, shall retain, while holding the same position they held at the time of the transfer, the status they may have within said Service. The persons who, at the time of the transfer, were on probation, shall retain said status until completing the probation period assigned to their positions. The Administration shall certify to the Personnel Director, as to the quality of the services rendered by these employees, as in the cases of employees in the Competitive Service. The transferred employees who satisfactorily complete the practical probation in the Right to Employment Administration shall have the same rights that this section confers to the regular employees.
The persons transferred shall receive a compensation at least equal to that they received at the time of the transfer and shall continue enjoying all rights and benefits and shall have the obligations that their positions entailed at the time of the transfer, their conditions of employment and the conditions pertaining to their office in accordance with the provisions of Act No. 345 of May 12, 1947, as amended and §§ 761—788 of Title 3, and any other act which may grant rights of benefits to the employees of the Government of Puerto Rico.
History —June 21, 1968, No. 115, p. 253, title V, § 2, eff. 30 days after June 21, 1968.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-72/1201/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203)›§ 1201 - Public policy
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203) › § 1201 - Public policy
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It is the public policy of the Government of Puerto Rico to provide equal employment opportunities, regardless of gender. The aforementioned agencies and instrumentalities are hereby directed and are under the obligation to develop and institute affirmative action plans, in order to ensure that there shall be no sexual discrimination against any employee or employment applicant, as provided in § 1202(d) of this title. This chapter shall bolster this policy, imposing on the Women’s Affairs Commission, Office of the Governor, hereinafter “the Commission”, the responsibility of enforcing compliance with this chapter.
History —Aug. 3, 1999, No. 212, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-72/1202/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203)›§ 1202 - Women’s Affairs Commission, Office of the Governor; functions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203) › § 1202 - Women’s Affairs Commission, Office of the Governor; functions
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The Commission shall have the following functions:
(a) Develop a Program to Guarantee Equal Employment Opportunities for the Sexes, pursuant to local and federal laws that prohibit job discrimination.
(b) Propose criteria for the design of plans for equal opportunity employment by gender in the agencies, public instrumentalities and municipalities or their entities and corporations, hereinafter “agencies”. The plans shall be management programs that, in an integral manner, shall implement the measures necessary to identify, evaluate, correct and eradicate discriminatory treatment against female employees and applicants in the public service.
(c) Develop and offer training to the agencies on the preparation of plans to guarantee equal employment opportunities for the sexes.
(d) Offer counseling to the agencies that have the obligation to develop and enforce plans to guarantee equal employment opportunities for the sexes, which shall include the pertinent mechanisms to eliminate arbitrary barriers in the processes of recruitment, selection, appointment, examinations, transfers, promotions, seniority, lines of progress and other terms and conditions of employment, strengthening the merit principle that governs public employment in Puerto Rico.
The plans of the agencies shall include the following:
(1) Express declaration of the commitment of the agency;
(2) appointment of a Coordinator to be designated by the Secretary or Director of each agency;
(3) diffusion of the plan;
(4) statistical evaluation;
(5) goals and schedule for compliance with the plan;
(6) planning of affirmative actions to eliminate the so-called glass [ceiling] phenomenon, examining the practices to promote qualified women to positions of leadership;
(7) development of programs to attain the goals established, such as the development of internal information systems for the follow-up, review and evaluation of all the phases of the plan and the resolution of complaints for sexual discrimination at agency level;
(8) filing of an annual progress report of the development and implementation of the plan to the Commission.
(e) Request from the pertinent agencies any information and/or statistics on the plans developed and the practices and procedures germane to the employment conditions of women in the public service.
(f) Supervise the progress of the plans to guarantee equal employment opportunities for the sexes in the public service.
(g) Prepare and submit to the Governor of Puerto Rico an annual report on the progress of the plans of the agencies.
(h) Provide training programs to private institutions that request the same to promote the implementation of plans in the private sector, in order to eliminate artificial barriers that prevent the professional development of women.
History —Aug. 3, 1999, No. 212, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-72/1203/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203)›§ 1203 - Sanctions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 72 - Guaranteed Equal Employment Opportunities for the Sexes Act (§§ 1201 — 1203) › § 1203 - Sanctions
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(a) The appointing authorities shall be responsible for compliance [of] the provisions of this chapter and the norms for its implementation. Personnel or human resources directors shall be responsible for advising the corresponding appointing authorities on the provisions of this chapter.
(b) The Commission shall conduct periodic audits to assure compliance of the agencies with this chapter.
(c) If as a result of the audits conducted, irregularities or violations are found, this chapter empowers the Women’s Affairs Commission, Office of the Governor, to impose on the appointing authorities administrative fines of one hundred dollars ($100) and of up to a maximum of five hundred dollars ($500), and fines to the personnel or human resources directors of fifty dollars ($50) and of up to a maximum of two hundred and fifty dollars ($250) for each failure to comply detected. The Commission shall also keep the Office of Management and Budget and the Office of the Comptroller of Puerto Rico informed. In case it is preliminarily determined that the actions constitute a public offense, the evidence shall be referred to the Secretary of Justice for the corresponding action.
(d) On establishing the amount of the fines, certain criteria shall be taken into consideration, such as:
(1) The number of failures to comply with the legislation and with the norms in effect incurred during the evaluated period;
(2) seriousness of the failures to comply;
(3) previous patterns of failure to comply;
(4) official or employee subject to fines.
(e) Extenuating circumstances in the imposition of fines, whether to reduce or eliminate the same shall be the possibility of rapid solutions submitted by the agency in question; the fact that it is the first time in which a statute or norms thereunder are violated and the situation was immediately corrected; or a written agreement from the appointing authority that it shall see to it that there [will] be no further noncompliance instances of this nature. Provided, That should there be additional failures to comply, the fines shall be established to the maximum allowed by legislation, without taking into consideration any extenuating circumstances.
(f) Should there be intent or negligence by the official who authorizes any illegal action regarding this chapter, he/she shall be subject to the penalties established by § 310 of Title 1.
(g) The collection of the fines established in this chapter shall be covered into the General Fund of the Commonwealth Treasury to be appropriated to the Anti-Discrimination Unit of the Department of Labor and Human Resources.
History —Aug. 3, 1999, No. 212, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-75/1321/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341)›§ 1321 - Declaration of principles
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1321 - Declaration of principles
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This Legislature resolves and declares that the values of equality and freedom expressed in the Constitution of the Commonwealth of Puerto Rico are the keystone of Puerto Rican society. It is our duty to ascertain the strict compliance of the constitutional guarantee that all persons have that they will not be discriminated against on account of their sex. We recognize that the Puerto Rican women make up half of the labor force, as well as the fact that most of the unemployed persons are women. When women entered the labor force, it also brought about the division of work according to sex. This segregation in employment continues, in spite of the constitutional and legal provisions which prohibit it. There is also underemployment with regard to the academic training of women and differences in the wage levels between the sexes. The intention of this chapter is to guarantee the equal right to employment of men as well as of women, prohibiting the actions of those who promote discrimination, fixing responsibilities, and imposing penalties.
—July 6, 1985, No. 69, p. 236, § 1.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-75/1322/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341)›§ 1322 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1322 - Definitions
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For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow, except when they are clearly incompatible with the purposes of this chapter.
(1) Person.— Includes natural or juridical persons; one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, governments, government agencies, political subdivisions, labor unions, unincorporated organizations.
(2) Employer — Includes any natural or juridical person that employs laborers, workers or employees, and the chief, agent, official, manager, officer, managing partner, administrator, superintendent, foreman, overseer or representative of said natural or [juridical] person.
(3) Employee.— The term “employee” shall include any employee, and shall not be limited to the employees of a specific employer, unless it is otherwise explicitly stated, and shall include any person whose work has ceased as a result of, or due to any unfair labor practice, as defined in this chapter.
(4) Labor union — Shall mean any type of organization or any agency or committee that represents employees or any group of employees, acting in agreement, or a plan in which the employees participate and that exists for the purpose of bargaining with an employer in whole or in part, with respect to complaints, disputes, wages, wage classifications, working hours or other working conditions and any conference, general committee, board of governors or directors of a system, or a joint council engaged in the same matters that are subordinated to a national or international labor organization.
(5) On account of sex.— Includes, but is not limited to, due to or because of pregnancy, childbirth, or related medical conditions; and women who are affected by pregnancy, childbirth or related medical conditions shall receive equal treatment for all purposes related to their jobs, including receiving benefits under the fringe benefit programs as other persons who are not affected in a like manner, but who are similar in their ability or disability to work.
(6) Fringe benefits.— Includes medical, hospital, accident and life insurance; retirement benefits, profit sharing plans and bonus plans, leaves and any other terms, conditions or privileges of employment.
(7) Bona fide occupational requirement — A job requirement to determine the person’s capacity to perform the work.
—July 6, 1985, No. 69, p. 236, § 2.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-75/1323/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341)›§ 1323 - Unfair labor practices—Employer
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1323 - Unfair labor practices—Employer
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It shall be an unfair labor practice when an employer:
(1) Suspends, refuses to employ or dismisses any person, or in any other way discriminates against a person with respect to his wages, terms or working conditions, on account of his or her sex.
(2) Limits, divides or classifies his employees or the persons who apply for a job, in any way that could deprive or tend to deprive that person of a job opportunity or that in any other way may adversely affect the person’s status as an employee on account of his or her sex.
History —July 6, 1985, No. 69, p. 236, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-75/1324/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341)›§ 1324 - Unfair labor practices—Employment agencies
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1324 - Unfair labor practices—Employment agencies
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(a) It shall be an unfair labor practice for an employment agency to suspend, classify, recommend or refuse to refer for work, or discriminate in any other way against any person on account of his or her sex.
(b) Employment agencies that deal exclusively with one sex shall be guilty of an unfair labor practice, except when said agencies limit their services to providing candidates for specific jobs in which sex is a bona fide occupational requirement.
(c) An employment agency that receives a job order that contains a classification that is illegal on account of sex shall share the responsibility with the employer who places the job order, if the agency fills the order knowing that the sex specification is not based on a bona fide occupational requirement. However, it shall not be deemed that an employment agency has violated this chapter, regardless of the determination with regard to the employer, if the agency had no way of knowing that the employer’s allegation of a bona fide occupational requirement was groundless, and the agency prepares and keeps a file for each employer with all his orders, which is available for inspection by the interested party. Said file shall include the employer’s name, the job description, and the grounds for the employer’s claim that sex is a bona fide occupational requirement. These files shall be kept for a minimum period of two (2) years, and in those cases in which judicial action is taken, the files shall be kept until a final and binding judgment is rendered in the case.
(d) It shall be the responsibility of the employment agencies to keep abreast of the legislation and administrative and judicial decisions regarding discrimination on account of sex.
History —July 6, 1985, No. 69, p. 236, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-nine/part-v/chapter-75/1325/
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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 V - Right to Employment and Rest (§§ 1101 — 1404)›Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341)›§ 1325 - Unfair labor practices—Labor unions
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2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART V - Right to Employment and Rest (§§ 1101 — 1404) › Chapter 75 - Discrimination in Employment for Reasons of Gender (§§ 1321 — 1341) › § 1325 - Unfair labor practices—Labor unions
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It shall be an unfair labor practice for a labor union to do any of the following on account of sex:
(1) Exclude or expel from its membership, or otherwise discriminate against any person.
(2) Limit, divide or classify its members or any person who wishes to become a member of its organization.
(3) Classify, suspend or refuse to recommend any person for a job.
(4) Deprive or tend to deprive a person of a job opportunity in any way, or limit said job opportunity, or otherwise adversely affect the status of said person as an employee or candidate for employment.
(5) Induce or attempt to induce an employer to discriminate against a person in open violation of this chapter.
History —July 6, 1985, No. 69, p. 236, § 5.
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