Posts Tagged ‘Disability’

What is the amount to be charged?

Entrepreneurship

What is the amount to be charged?
Steps for Calculation:

1 – We will find the Base Labor Quote of the month preceding the onset of disability and is divided by the number of days worked in that month (let’s say 30, if a worker whose salary is monthly and has worked full month).

If by chance, the employee begins his temporary disability, within the same month, which started their operation, the base will be chosen the same month, divided by the number of days worked and traded.

If the temporary disability resulting from WORK ACCIDENT / ILLNESS, add 2 bases for the calculation:

a) Contribution Base Contingency previous month (excluding overtime) divided by the number of days stated in point 1.

b) The overtime last year, divided by 365 days.

2 – Apply the Percentage

a) Common Illness / Accident Labor No

From day 1 to day No 3, 0% of the base

From day 4 to day No No 20 (both inclusive), 60% of the base

From day No. 21, below, 75% of the base

b) Work Accident / Occupational Disease

From day 1, 75% of the base

Social Security Control Marketing

	Entrepreneurship

Who is liable to pay?
Social Security

From day 1 to 3, there is bound to pay, if we have a temporary disability due to illness or accident outside the workplace, in the case of an occupational disease or work accident, the obligation to pay the company or employer would be the 1st day and Social Security or Mutual from Day 2

From 4 to 15, forced the company or employer.

From day 16 onwards, is required to pay Social Security or Mutual (although there delegate paid by the company, the company is still paying the employee payroll deducted from the share of Social Security of the month amount paid).

Collective agreements regulate this issue, and it is possible to find improvements in this area, where companies complement all or part of the wage loss suffered by the worker to a situation.

As an example we can refer to the Convention of the iron and steel, Construction and Public Works, among others.

The obligation to pay direct or delegated, by the company, just when there is extension of the temporary disability or declaration file starts Permanent Disability.

When do we move to Direct Payment?

1 .- When the company belongs to those groups excluded from the obligation.

2 .- Where an employer has breached its obligation to meet the payment officer.

3 .- When the company has fewer than 10 employees and at least the worker has in a situation of temporary incapacity, 6 months. In this case, is passed to the Direct Payment, if requested by the company.

4 .- ends the employment relationship between the worker and the company continues the temporary disability.

5 .- depletion within the Temporary Disability, and started an extension.

6 .- Beginning of record of permanent disability.

What is the duration?

	Entrepreneurship

What is the duration?
Maximum duration of 365 days, which can be extended to 180 days, considering that for them, the employee can improve enough to return to his job.

During the extension period, the employee goes directly collecting Social Security or other, in his case and leaves the delegate fee by the company.

The company continues to have the obligation to contribute to the worker on temporary disability.

Exhausted the 545 days (365 + 180 days of the extension), there is a maximum of 3 months to review the status of the worker and qualify Permanent Disability as one of the various degrees available.

These 545 days can be extended as an exception to a maximum of 730 days, in case there was expectation of recovery or improvement of the status of the worker, with a view to their return to work.

Having exhausted the 545 days of temporary disability, the company, these new terms, has no obligation to contribute.

From here we enter into considering a permanent disability, an issue which will be discussed at another time due to extensive regulation.