Special Licensing BILL
Article 1. (Scope) .- All private sector workers, members of the Social Insurance Bank (BPS), are entitled to special leave with pay, will not be deducted from the general licensing scheme according to the provisions of this Act.
Special licenses contained in this Act shall be considered minimum rights for workers.
Article 2. (Study Leave) .- establishes a special license is twelve days per calendar year, with a maximum of three days for examination or review, evaluation, or the like, which may be used by those employees who are educated Institutes Basic and Higher Secondary Education, Higher Vocational and Technical Education, University Education, Institute of Normal and other similar public or private accredited by the Ministry of Education and Culture.
Article 3. (Documentation required) .- Those who have enjoyed the benefit established in the previous article shall certify to the employer have performed their tests or examinations within one month following the last day of this license, by filing certificate issued by the Institute in which they pursue their studies.
Failure to submit the documentation referred to in the preceding paragraph shall result in loss of the right to reapply for this license and authorize your employer to deduct from the monthly salary of days requested.
Article 4. (Obligatory notice) .- Workers using special leave provided for in Article 2 shall perform, without exception, an employer notice of the examination, screening test, or similar evaluation made with a minimum of ten working days.
The same must be done truthfully and recorded in the personnel records of the company.
Non-compliance of the notice on time shall entitle the employer to deny the requested special leave.
Article 5. (Parental leave) .- On the occasion of the birth of their children, parents who are included in Article 1, shall be entitled to a special license that will include the day birth and the two following business.
later than twenty days shall certify the fact to his employer by the relevant supporting documentation and, if otherwise, the day he can be discounted as if it were absences without prior notice.
Article 6. (Marriage license) .- workers are entitled to have a three-day license for marriage. One of the three days must necessarily coincide with the date on which it is held.
Workers using special leave under this Article shall perform, without exception, a notice to the employer, the date wedding in a least thirty days prior to it.
The same must be done truthfully and recorded in the personnel records of the company.
later than thirty days shall certify the fact to his employer by the relevant supporting documentation and, if otherwise, the day he can be discounted as if it were absences without prior notice.
Article 7. (Bereavement leave) .- workers are entitled to have a license to three business days following the death of the father, mother, children, spouse, adopted children, adoptive parents, domestic partners and brothers.
The accreditation of the fact and the penalties for not doing so are governed by provisions in the final paragraph of Article 6.
Article 8. (General Provisions) .- licenses covered by this Act shall rejoice in fact, not replaceable by salary or compensation.
not be valid any covenant or agreement by which they forgo, but in the case of workers who have agreed or agreed by more favorable conditions will be as provided therein.
Article 9 .- This Act is of public order.
Montevideo, April 25, 2007.
CÁNEPARepresentante DIEGO by F. ROQUE
Montevideo RAMOS HORACIO
ESPÍNDOLARepresentante for Montevideo and Canelones YANESRepresentante
GUSTAVO EDGARDO
BERNINIRepresentante by Montevideo Montevideo ORTUÑORepresentante by JOHN ANDREW
ROBALLORepresentante by Montevideo
EXPLANATORY STATEMENT This Bill for consideration by the National Parliament is to supplement the existing legal vacuum in our country regarding the right of workers in the private sector under certain circumstances to enjoy special licenses.
is widely developed in our society the concept Uruguay used to be an example and leader in social legislation in general and in legislation to protect workers' rights in particular.
However this is now part of the myth than reality because our society is unfortunately in a situation of considerable lag in the recognition and expansion of those rights even regional or continental level, this bill is also a contribution to the recovery of the advanced social rights of our workers.
I) General provisions and scope. The project starts with defining the scope of application, and precisely defines the general characteristics that have these special licenses.
In Article 1 provides that the law will reach all private sector workers affiliated to the Social Insurance Bank.
Special licenses will be with pay and may not be deducted from the general licensing scheme that is provided in Law No. 12,353
with their amendments and consistent.
It defines the rights contained in the bill shall be considered as minimum rights for workers. This is closely related to the general provisions laid down in Article 8 which provides for the prohibition of special licenses to replace the salary or other compensation, will not turn deemed invalid and absolutely void any agreement or covenant by which they forgo.
In line with the definition given in the first article, in considering as a minimum the rights contained in the draft at the end of Article 8 provides that workers who have agreed or agreed by more favorable conditions than those under the standard shall be as provided therein.
These principles of inalienability and specificity to inform the whole project are the pillars of the regime that is established with the creation of a systemic and a single standard of special leave for workers in the private sector.
II) Study leave. Articles 2, 3 and 4 are related to the regulation of special leave for study.
Taking into account the elements expressed in the general provisions in Article 2 down twelve days of leave with a maximum of three per test, review, revision, or similar to the student worker has. Article 3 º defines the documentation to be submitted and the deadline for the same and the consequences of not filing and article 4 provides for mandatory notice to the employer to enable him to make the necessary provisions of the case and the consequences for the worker for not complying with this load.
do not need to delve much into the reasons underlying the grant legal protection to the right of workers to have the conditions to develop their studies.
In our country where there is broad consensus on the importance of education, which means the improvement of personnel for a company and the need to focus on excellence and quality in all areas of national development is no doubt that this provision will with strong support from the vast majority of citizens and economic actors. Importantly
another powerful reason to promote this project and this particular special license is the profound inequality between the conditions public officials and employees of the private sector with regard to special licenses in general and particular study, now under the
Law No. 16,104 Articles 33 and 34, officials have additional leave for study of 30 (thirty) working days, workers who lose none.
III) Paternity leave. The Article 5 establishes the right to paternity leave and workers' obligation to exercise it.
In this case the inequality of private workers with the public is even greater because, according to the provisions of Article 29 of the Act
No. 16,104 as amended by Article 26 of Law No. 17,930
(Budget Law) officials parents are entitled to ten working days while private today have no day off recognized legal.
The importance of giving the right a few days of leave for parents is not only strict justice with the same but in the newborn baby and the beginning of parenthood.
is common among pediatricians emphasized the importance of the involvement of the father from the beginning and is considered an unquestionable contribution to the baby, the father and mother.
The decision to grant three days minimum right of workers was taken as the beginning of the process in Uruguay, based on the majority of collective agreements to be increasing in the future when universalized this right.
IV) marriage license. Article 6 º regulates and establishes the right of special leave by reason of marriage to the general characteristics of the special licenses created in this bill.
Again the difference in position between the public and private workers is enormous, the former are, according to the
Law No. 16,104 Article 32 of the amount of 15 (fifteen) days from the conclusion and none private.
The bill establishes a minimum of three working days and the requirement that at least one day must be to the celebration.
V) bereavement leave.
The Article 7 establishes the right to special leave on the death of a family member who exhaustively set out in Article.
humanity obvious reasons supporting the relevance of bereavement leave and the importance of it.
Ultimately this bill comes to fill a major gap in our legal system and begin to regain the ground lost by our society in general and the rights of workers in particular, in last forty years of the country, in turn seeks to balance and wisdom to take the first steps in the right direction to establish the minimum rights of workers with the force of law and leave open the possibility to be improved through collective bargaining.
Montevideo, April 25, 2007. Montevideo
DIEGO ROQUE CÁNEPARepresentante by F. RAMOS HORACIO
ESPÍNDOLARepresentante for Montevideo and Canelones YANESRepresentante
GUSTAVO EDGARDO
BERNINIRepresentante by Montevideo Montevideo ORTUÑORepresentante by JOHN ANDREW
ROBALLORepresentante by Montevideo
