39,660 Nutrition Law Workers Nro.1.866 Decree, Official Gazette No. 39,660 Decree No. 8166 April 25, 2011 HUGO CHAVEZ FRIAS
President
With the highest commitment and willingness to achieve greater political effectiveness and quality in the construction of revolutionary socialism, the foundation of the Venezuelan nation, based on humanistic principles, based on moral and ethical conditions to pursue the progress of the nation and the collective , by mandate of the people and carrying out the powers conferred on me by paragraph 8 of Article 236 of the Constitution of the Bolivarian Republic of Venezuela, and in accordance with the provisions of paragraph 9 of Article 1 of the Act that authorizes the President to issue decrees with Rank, Value Force of Law in Delegated Matters, the Council of Ministers. DICTA
The following
Decree with Force of Law of Partial Reform FOOD ACT TO THE WORKERS Section 1. Amending title of the law, as follows:
Decree with Force of Law of Partial Reform FOOD ACT TO THE WORKERS AND WORKERS
Article 2: Article 1 is amended, as follows: Article 1
. This Act is to regulate the profit power to protect and improve the nutritional status of workers and women workers to strengthen their health, prevent illnesses and foster greater productivity.
Article 3. Article 2 is amended, as follows:
Article 2. For the purposes of enforcement of this Act, employers and public sector employers and private sector grant workers and workers benefit of a balanced meal during the work day. First Paragraph: balanced meal means that meeting the caloric and quality conditions, with reference to the recommendations and criteria established by the competent authority in nutrition.
Paragraph Two: workers and workers under the scope of application of this Act shall be excluded from the benefit when they come to earn a normal salary exceeding three times the minimum wage decreed by the National Executive.
Third Paragraph: the expected return in this Act may be granted or agreed voluntarily by employers and workers and employers to workers who earn an income higher than the limit prescribed in the preceding paragraph.
Paragraph Four: For social reasons, the National Executive is empowered to increase the salary cap decree referred to in Paragraph Two.
Section 4. is incorporated an article with the number 6, as follows:
Article 6. joumey Should the work not performed by the employee for reasons attributable to the will of the employer or employer, or a risk, emergency, disaster or public calamity resulting from acts of nature that affect directly and personally to the worker, but not the employer or patron, preventing him from fulfilling the service, as well as in cases vacation, sick leave or accident not exceeding twelve (12) months, prenatal and post natal leave or paternity leave shall not be grounds for suspension of the granting of the benefit of food. Paragraph: when the grant of the benefit of breastfeeding is Implemented through the procedures set in paragraphs 1, 2, 5 and 6 of Article 4 of this Law, the power benefit shall be paid through the provision or delivery to the worker of coupons, tickets or electronic cards for food, as long as the situation that impossible to comply with the provision of service.
Article 5. It amends Article 6, renumbered Article 7 as follows:
Section 7. The arrangements established in paragraph 3 of Article 4 and in the first paragraph of article 5 of this Act are instruments credited to the beneficiary or the benefit to pay the amount indicated or representing the same, for the total or partial payment of the benefit established by the Law
First Paragraph: coupons, tickets and postcards supply must contain the following specifications:
1. The name of the employer or employer who should benefit.
2. The word "exclusively for the payment of food or feed is prohibited in whole or sparrow negotiation for money or other goods or services."
3. The name of the employee or employee benefit beneficiary.
4. The due date.
5. The name of the company specialized in administration and management of social benefits issuing the instrument.
Paragraph Two: The vouchers or tickets shall contain, in addition to the above, the value to be paid to local supplier. Power electronic cards have access to the available balance inquiry by the worker or employee benefit beneficiary.
Section 6. Article 7 is amended renumbered Article 8 as follows:
Section 8. Coupons, tickets and postcards provided in this Act shall be single-purpose instruments are used exclusively to buy food or feed, constituting Offense:
1. The coupon or ticket exchange for money or obtaining money, financing or credit card with power electronics.
2. The exchange, payment or purchase of any goods or services not intended for feeding worker,
3. The exchange or purchase of alcoholic beverages or cigarettes.
4. The worker or beneficiary fee, enabled by the establishment of any discount on the actual value of the coupon or ticket, or the value represented or paid to supply the electronic card.
5. The receipt or transfer the worker beneficiary, by service companies specializing in administration and management social benefit of any discount, commission or tax charge for the issuance or use of coupons, tickets or postcards supply.
6. The use, enabled by the establishment of the coupons, tickets or proof of use of power electronic cards received from the beneficiaries for purposes other than direct reimbursement to the issuer of the coupons, tickets or e-cards supply.
Employers and employers should advise their workers about the proper use of coupons, tickets and postcards supply. Those establishments incurred
in the infringements referred to in this Article shall be punished by a fine ranging between twenty tributary units (25 UT) and fifty tax units (5O UT), In case of repetition, be followed by temporary closure of the offender and will be canceled, definitely The entitlement, accounting for the agency or entity with jurisdiction over defense and protection of persons
for access to goods and served, execute the action under the relevant law.
Section 7. Article 8 is amended renumbered Article 9 as follows:
Section 9. services firms specializing in management and administration of social benefits that produce and manage coupons, tickets or e-cards food in the context of this Act shall register with the ministry of the People with expertise in labor matters, for which must meet the following requirements:
1. Having as main purpose the issuance, administration and management of social benefits.
2. Having a paid-in capital of not less than the equivalent of fifteen thousand tax units (15,000 UT),
3. Have adequate organizational structure, wide network of affiliates and excellent financial enabling it to satisfy the requirements benefits employers and workers and employers and workers in the terms of this Act, and ensure the destination must be given vouchers, tickets and postcards supply.
service firms specializing in management and administration of social benefits that produce and manage coupons, tickets and postcards power may not extend credit or financing to employers and the employers for payment of such vouchers, tickets or e-cards supply. Additionally, should allocate the funds they receive from employers and employers and to support tickets, stamps and postcards issued power, to reimburse the member establishments of the same receptors, and may not use these funds in any way for speculative purposes, finally, must submit to the competent body on nutrition or People's Power Ministry competition working in every six months, the lists of establishments authorized for the purpose of supervising the adjustment of them to the purpose of this Act are hereby
powers of People's Power ministry with jurisdiction over labor and social security, Ministry of People's Power with responsibility for health and the body or body with jurisdiction over defense and protection people to access goods and services to inspect when deemed appropriate qualified premises.
irregularities found on the following sanctions may apply:
1. Warning.
2. Temporary suspension of the qualification, in the terms prescribed by the regulations of this Law
3. Sanctions set forth in the preceding article.
In cases of temporary closure or permanent cancellation of the designation of an establishment the employer shall take the necessary measures for the benefit provided in this Act continue to be given to workers and working through any of the forms provided in Article 4 of this Act,
Article 6. be deleted Article 9, Section 7
. Article 11 was amended, as follows:
Article 11. All matters not covered by this Act shall be developed in its regulation by the National Executive, with the first work to preserve the benefit. Single
DISPOSAL: In accordance with the provisions of Article 5 of the Act, Official Publications, then printed in a single text the Food Act for Workers, published in the Official Gazette of the Bolivarian Republic of Venezuela N ° 38,094, dated December 27, 2004, sanctioned the reforms here and the corresponding full text, correct where necessary the classification of the corresponding article, correct where needed, then merge the language of gender, names of ministries for "Ministry of People Power qualified in terms of "and replace data signature, date and details of approval and enactment.
Given in Caracas, on the twenty day of April two thousand and eleven. Years of Independence 201 °, 152 ° of the Federation and 12 of the Bolivarian Revolution.
fulfilled,
(LS) HUGO CHAVEZ FRIAS
Note: highlighted in red the most important aspects of the Reformation
