#SeriesAFFAN #UPDATE Chapter 3: LABOR OF MINORS AND LATEST REFORMS TO THE LABOR CODE WHAT DOES THE LABOR CODE REGULATE? MINISTERIAL AGREEMENT NUMBER 260-2019 RELEVANT ASPECTS OF MINISTERIAL AGREEMENT 260-2019 LABOR OF MINORS WHAT SHOULD A MINOR DO IF HE/SHE WANTS TO WORK? 1.Go to the General Labor Inspectorate to submit your application. 2.The IGT will issue a certificate signed and sealed by the Departmental Delegate. 3.The IGT must accompany you to the Working Adolescent Protection Unit to be informed of your general labor rights and obligations. 4.The UPAT will request your birth certificate and the certification sheet given to you by the IGT, will provide the respective guidance and will record the adolescent's data. 5.The certification sheet will be stamped in the UPAT section. CONCLUSION Based on ILO Convention 138 on the minimum age for admission to employment and the Procedure for its application regulated in ministerial agreement 260-2019, THE MINIMUM AGE FOR A MINOR TO WORK IS 15 YEARS OLD. LABOR BY MINORS AND THE WORK OF MINORS UNDER 14 YEARS OLD? LATEST REFORMS TO THE LABOR CODE ARTICLE 61, LITERAL F) OF THE LABOR CODE. 1.It expands the obligations of employers, specifically when the company is subject to inspection and surveillance by the labor authorities. 2. If employers do not cooperate with the inspection work, a procedure may be initiated to sanction the offender. ARTICLE 271 OF THE LABOR CODE. Establishes rules regarding infractions: 1. That they will be imposed by the departmental delegate; 2. In order to sanction, the following will be taken into account: Economic circumstances and means of subsistence of the sanctioned; The background and personal conditions; The harm caused; Exposure to danger; The number of workers affected; In general, the other factors that may serve to better adapt. 3. Establishes that in case of recidivism, there may be a 50% increase in the value of the fine. 4. Regulates that there will be no recidivism if more than 1 year has passed between each fine. 5. That the imposition of the sanction does not exempt the offender from fulfilling his obligations. ARTICLE 271 BIS OF THE LABOR CODE. Article 271 bis was added, which regulates the procedure for inspection, prevention and verification by the labor authorities. The procedure is as follows: 1. The respective inspection is carried out; 2. If there is an alleged violation, a detailed prevention report will be drawn up and a reasonable period of time will be given to adopt measures; 3. The IGT verifies compliance with the prevention measures; 4. If they comply, the file is archived; if not, a detailed violation report is drawn up; 5. It is transferred to the departmental Delegate to issue the corresponding sanction; ARTICLE 272 OF THE LABOR CODE. The amounts of the fines were modified. In addition, the following were regulated: 1. That the offender has 5 days to make the corresponding payment, unless he has challenged the resolution through a revocation appeal. 2. It regulates that if the offender states at the time of payment that he corrected the fault, 50% of the fine will be exonerated, subject to verification of compliance. 3. The fine may be collected through a work execution process. ARTICLE 281 OF THE LABOR CODE. It expands and strengthens the powers of labor inspectors in their inspection work, authorizing them to: 1. Enter without prior notice any work establishment subject to inspection during working hours. 2. They may be accompanied by experts and technicians from the MINTRAB and the IGSS. 3. They may request information from witnesses and personnel. 4. Demand the presence of the employer or representative. 5. Examine the place where the employer is located, including storage and documentation systems. ARTICLE 272 OF THE LABOR CODE. The amounts of the fines have been modified. In addition, it was regulated: 1. That the offender has 5 days to make the corresponding payment, unless he has challenged the resolution through a revocation appeal. 2. It regulates that if the offender at the time of payment states that he corrected the fault, 50% of the amount of the fine will be exonerated, subject to verification of compliance. 3. The fine may be collected through a work execution process. Follow us on our Social Networks FB @affanprivados ???? / affanprivados IG @affangt ???? / affangt