Amendment by Addition to the Framework Law of the Social Protection System
Congreso Nacional
- Decree: 77-2016
- Published: July 21, 2016
- Issuing body: Congreso Nacional
- Gazette: 34,091
- Category: Labor
Summary
This law extends the deadline for the Private Contribution Scheme (RAP) to adapt to the new rules of Honduras' social protection system. It grants up to 6 additional months to meet the technical requirements before employers and workers begin making contributions to pension and severance accounts.
Considerations
Whereas the Framework Law of the Social Protection System in its Article 55 granted the Private Contributions Regime (RAP) a period of up to three (3) months from the effective date of said Law to adapt to the new powers and obligations derived from this Law.
Whereas in the Framework Law of the Social Protection System, the National Commission of Banks and Insurance (CNBS) is authorized to conduct an evaluation of the state of the Private Contributions Regime (RAP) once the three (3) month period has expired, in order to determine whether in its judgment more time is required, in which case said Commission could extend it for three (3) months, as has occurred.
Whereas the National Commission of Banks and Insurance (CNBS) has determined that although significant progress exists, the level of compliance by the Private Contributions Regime (RAP) for its adaptation is not yet sufficient for employers and workers to begin their contributions.
Whereas due to the complexity presented by the process of adaptation of the Private Contributions Regime (RAP) to the Framework Law of the Social Protection System, it is convenient to grant a new period, so that this entity may comply with the technical requirements established by the National Commission of Banks and Insurance (CNBS).
Whereas in accordance with Article 205 Power 1) of the Constitution of the Republic, it corresponds to the National Congress to create, decree, interpret, reform, and repeal laws.
Whereas the WATER AND SANITATION ADMINISTRATION BOARD OF THE COMMUNITY OF "LAS PILAS" is created as a civil association of mutual benefit, whose statutory provisions do not contravene the laws of the country, public order, morality, and good customs, therefore it is appropriate to grant the request.
Whereas the President of the Republic issued Executive Decree No. 002-2002 dated the twenty-eighth of January in the year two thousand and two, by which the Secretary of State in the Office of Governance and Justice is delegated specific competence for the issuance of this administrative act in accordance with Articles 16, 119, and 122 of the General Law of Public Administration, and Articles 4 and 5 of the Administrative Procedure Law.
Whereas by means of Executive Agreement No. 03-2014 dated January 24, 2014, the citizen RIGOBERTO CHANG CASTILLO was appointed as Secretary of State in the Office of Human Rights, Justice, Governance, and Decentralization.
Whereas by means of Executive Agreement No. 03-2014 dated January 24, 2014, the citizen RIGOBERTO CHANG CASTILLO was appointed as Secretary of State in the Office of Human Rights, Justice, Governance, and Decentralization.
Amendments
- Modified by: Official Gazette La Gaceta No. 34,261 (Amendment)
Articles
Reform by addition Article 55 and add a new Article 59-A of the FRAMEWORK LAW OF THE SOCIAL PROTECTION SYSTEM contained in Decree No. 56-2015 of May 21, 2015, which must be read as follows:
ADAPTATION TO NEW PROVISIONS BY THE PRIVATE CONTRIBUTIONS REGIME (RAP) AND OTHER INSTITUTIONS.- From... The Commission is authorized... If the term referred to in the preceding paragraphs is insufficient and exceptionally in accordance with the technical requirements that may be necessary to complete the adjustment process, the National Banking and Insurance Commission (CNBS) is empowered to grant the Private Contributions Regime (RAP) a new term that must not exceed six (6) months, from the expiration of the terms mentioned in the preceding paragraphs. Consequently, for the effective performance of the attributes and obligations derived from the Framework Law of the Social Protection System, the Private Contributions Regime (RAP) must begin to collect and administer the values corresponding to the Individual Capitalization Accounts derived from the Pension Regime and the Labor Coverage Regime, from the date authorized by the National Banking and Insurance Commission (CNBS), to begin its operation as a Pension and Severance Fund Administrator. ARTICLE 59-A.- The contributions corresponding to the Individual Capitalization Accounts derived from the Pension Regime and the Labor Coverage Regime must begin to be remitted from the date on which the Private Contributions Regime (RAP) is authorized for collection by the National Banking and Insurance Commission (CNBS). The labor reserve must be calculated from September 4, 2015 and be remitted to the worker once the labor relationship is terminated for any reason. If the contributions corresponding to the Individual Capitalization Accounts derived from the Pension Regime and the Labor Coverage Regime are not remitted to the Private Contributions Regime (RAP), the employer must pay, in addition to the established contribution, interest, fines and surcharges authorized by the Private Contributions Regime (RAP), from the date on which said obligation ceased to be fulfilled, provided that these interest, fines and surcharges are not prior to the date of authorization by the National Banking and Insurance Commission (CNBS) for collection by the Private Contributions Regime (RAP). This provision must remain in force as long as the Law of Pension and Severance Fund Administrators is not in effect. The Economic and Social Council (CES) shall adjust the Graduality Agreement to what is established in this Law.
This Decree shall enter into force from the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the second day of the month of June of the year two thousand sixteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Branch Therefore: Execute Tegucigalpa, M.D.C., June 20, 2016. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF INFRASTRUCTURE AND PUBLIC SERVICES (INSEP) ROBERTO ANTONIO ORDOÑEZ assets of the Trust denominated "Execution of Infrastructure and Public Services Works in the Republic of Honduras", contained in Decree No. 369-2013 the municipal funds derived from the Weighing (Improvements Contribution) which will be incorporated for the period of validity of the Trust. CERTIFICATION The undersigned, General Secretary of the State Secretariat in the Office of Human Rights, Justice, Governance and Decentralization, CERTIFIES: The Resolution that reads as follows: "RESOLUTION No. 241-2015. STATE SECRETARIAT IN THE OFFICE OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. Tegucigalpa, municipality of the Central District, March sixteenth of two thousand fifteen. CONSIDERING: To resolve the request submitted to the Executive Branch, through this State Secretariat, dated October first of two thousand fourteen, which is filed at Case No. P.J.-01102014-1482, by the Attorney HUGO REINERY BORJAS TORRES, acting in his capacity as Legal Representative of the WATER AND SANITATION ADMINISTRATIVE BOARD OF THE COMMUNITY OF "LAS PILAS", with address in the community of Las Pilas, municipality of Lepaera, department of Lempira, for the purpose of requesting the granting of Legal Personality and approval of its Bylaws. IT APPEARS: That the petitioner attached to his request the corresponding documents. IT APPEARS: That the request was processed according to law, having ordered the Legal Services Unit of this State Secretariat to be heard, which issued a favorable opinion No. U.S.L. 135-2015 dated February 5, 2015. WHEREAS: The WATER AND SANITATION ADMINISTRATIVE BOARD OF THE COMMUNITY OF "LAS PILAS" is created as a civil association of mutual benefit, whose statutory provisions do not contradict the laws of the country, public order, morals and good customs, therefore it is appropriate to grant what is requested. WHEREAS: The President of the Republic issued Executive Decree No. 002-2002 dated January twenty-eighth of the year two thousand two, by which he delegates to the Secretary of State in the Office of Governance and Justice, specific authority for the issuance of this administrative act in accordance with Articles 16, 119 and 122 of the General Law of Public Administration, 4 and 5 of the Administrative Procedure Law. WHEREAS: By Executive Agreement No. 03-2014 dated January 24, 2014, citizen RIGOBERTO CHANG CASTILLO was appointed as Secretary of State in the Office of Human Rights, Justice, Governance and Decentralization. WHEREAS: By Executive Agreement No. 03-2014 dated January 24, 2014, citizen RIGOBERTO CHANG CASTILLO was appointed as Secretary of State in the Office of Human Rights, Justice, Governance and Decentralization.
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