Legal Aspects concerning
benefits concept of '
Benefits are a package that powers Social Security to provide, repair or overcome certain situations of distress or specific need states, which often result a loss of income or expenditure overruns in people who suffer. In its Most economic benefits are the following:
Healthcare.
temporary disability.
cause harm .
Risk during breastfeeding . Maternity
.
Paternity.
permanent disability.
permanent non-disabling injuries . Retirement
.
Death and survival:
With respect to the payment of social benefits will the Tax Code provides in its
Article No 92: For that are paid to the employee benefits and compensation in connection with the substitution of the employer and continue to provide its services to the company, the payment received is considered a foretaste of what will ultimately correspond to terminate the employment relationship.
social benefits for antiques código orgánico tributario establese
Artículo 108 . Después del tercer mes ininterrumpido de servicio, el trabajador tendrá derecho a una prestación de antigüedad equivalente a cinco (5) días de salario por cada mes.
Después del primer año de servicio, o fracción superior a seis (6) meses contados a partir de la fecha de entrada en vigencia de esta Ley, el patrono pagará al trabajador adicionalmente dos (2) días de salario, por cada año, por concepto de prestación de antigüedad, acumulativos hasta treinta (30) días de salario.
The service benefit, based on the will of the worker, called upon in writing, shall be deposited and settled monthly, in final form in an individual or a trust fund or service benefit will be credited monthly to your name, also final form in the accounts of the company. The deposit will be paid or credited monthly at the end of the employment relationship and will bear interest at the following:
a) performance producing trusts or service benefit funds, as applicable, and their absence or even that they may be created, the market rate if it is in a financial institution;
b) A lending rate determined by the Central Bank of Venezuela, with reference to the six (6) major commercial and universal banks in the country, if the worker would have required that deposits be made within a single trust fund or a service benefit or a financial institution, and the employer fails to comply with the request, and
c) The average rate between active and passive, determined by the Central Bank of Venezuela, with reference to the six (6) major commercial and universal banks in the country, where the company accounts.
The employer shall report annually to the employee, in detail, the amount credited in the accounts of the company, by way of service benefit.
The financial institution or service benefit fund, as the case worker will provide annually to the interest generated by their accumulated seniority benefit. Also, a detailed report to the employee the amount of principal and interest.
The interest is exempt from income tax, or deposited will be credited monthly and paid to accomplish each year of service, unless the employee, by written statement, decides to capitalize.
PARAGRAPH ONE .- When the employment relationship ends for any reason the employee is entitled to a service benefit equal to:
a) Fifteen (15) days when the old wage over three (3 ) months and shall exceed six (6) months or the difference between that amount and credited or deposited monthly;
b) Forty-five (45) days if the old salary exceeds six (6) months shall exceed one (1) year or the difference between that amount and credited or deposited monthly, and
c) Sixty (60) days' pay after the first year of service or the difference between that amount and credited or deposited monthly, provided that he served at least six (6) months of service during the year of termination of employment.
PARAGRAPH TWO .- The worker is entitled to an advance of up to seventy-five percent (75%) of the ground or deposited to meet obligations:
a) construction, acquisition, improvement or repair housing for himself and his family;
b) The release of mortgage or other lien on property owned,
c) The school fees for himself, his spouse, children or whoever married life, and
d) care expenses hospital care and the persons named in the preceding paragraph. If the provision
old proved he is in the accounts of the company, the employer shall give the employee credit or guarantee, in the above assumptions, to the extent of balance in his favor. If he decides to endorse will be responsible for the different interests that may be detrimental to the worker.
If the service benefit The person was placed in a financial institution or a financial service benefit, the employee will ensure that capital with the obligations provided for these purposes.
THIRD PARAGRAPH .- If a worker dies, the beneficiaries identified in Article 568 of this Act, shall be entitled to the seniority provision that would have corresponded, on the terms and conditions of Articles 569 and 570 of this Act
PARAGRAPH FOUR .- The provisions of this Article shall not prevent employees or their successors the exercise of actions that can be applied under common law.
PARAGRAPH FIVE .- The provision of old, as an acquired right, will be calculated based on salary earned in the month in which it credited or deposited, including the amount of proceeds received by concept of participation in the profits or earnings of the company, in accordance with the provisions of Article 146 of this Act and the regulations to be issued to that effect.
PARAGRAPH SIX .- The officers or public employees national, state or municipal, shall be governed by the provisions of this article.
bibliography consulates
http://www.tsj.gov.ve/legislacion/lot.html
http://www.seg-social.es/inicio/?MIval=cw_usr_view_Folder&LANG=1 & ID = 10970
.
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