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CHILE – Congreso aprobó mejoras a las condiciones laborales de los trabajadores portuarios

CHILE – Congress approved improvements to working conditions of dockworkers

Law No. 20,773 modified first of the Labour Code, to establish in rest of dockworkers, which shifts more than four hours, these workers, regardless of their type of contract are entitled to a break half

It is the responsibility of the concessionaire of the mooring, companies wharfage those multioperados fronts and, in the case of private ports, companies wharfage operating the port, maintain adequate facilities for dockworkers to make effective use Sleep.

The Labour Department will coordinate with the maritime authority Control System of Labor Standards Enforcement Port, designed to control access and retention of workers in the port areas, ensuring that the provision of services performed is done safely and whether by virtue of any of the contractual arrangements laid down in the law.

The concessionaires administer fronts docking port terminals and wharfage companies operating in private ports must comply with the obligations imposed on them by said control system.

Comité Paritario
The Act also amended the Law No. 16.744 on Occupational Accidents and Occupational Diseases, to fix that "Wharfage companies are obliged to establish a Joint Committee on Health and Safety at each port, terminal or berth in providing regular services provided that, combined permanent and temporary workers the same, work usually more than 25 people ".

If the same port serving two or more employing entities, according to Article 136 of the Labour Code, each shall grant the necessary facilities for integration, establishment and operation of a Joint Committee, whose decisions on matters of

Port Modernization Fund
This law also agreed to create a Port Modernization Fund for the implementation of actions for institutional improvement in the national public and private port sector, in areas such as improving information systems and port statistics with a view improve their efficiency and competitiveness.

The fund will be administered by the Ministry of Transport and receive transfers from the Treasury as provided by law public sector budgets each year.

Furthermore, it is set for four years, from January 1, 2015, a contribution to the relevant tax benefit $ 0.2 per ton of general cargo transferred any, imported or exported by domestic ports, ships subject to the International Ship and Port Facility Security Code.

The contribution shall be heard by importers or exporters, as appropriate, and shall not exceed, for each operation, 0.025% of the CIF value of each tonne for import and 0.025% of the FOB value of each tonne Export.

Economic Benefits
Finally, the law also considered in its transitional rules, delivering exceptional economic benefit gained by the administration of former President Sebastián Piñera, through an agreement signed with the workers of the sector, January 25, 2014, committed in the context

The benefit given only once, could be entreated by workers who credited to have paid for wharfage company within a port area, effective services as a dockworker, at least for a turn in 2013, provided it has been entered to provide the aforementioned services prior to January 1, 2013 and that these shifts have provided uninterrupted without the right to rest.

Additionally, you must certify the completion of at least 36 shifts annual average between 2005 and 2012. In the case of dockworkers of Talcahuano, the average annual mentioned shifts computed between 2005 and 2009.

For the calculation of the amount, considered each shift effectively, paying a sum of $ 1,953 each. Finally, it is noted that "Nothing in this Act shall be construed so as to contravene international commitments of Chile".

SOURCE: Aqua.cl

About Genesis Vasquez Saldana

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