Soon Internal health and safety order 
Rules. Building Community. Origin.
ORD. N º 2936/84
1) As a result of the amendments to the Labour Code, Law No. 19,759, on 05/10/2001, buildings and condominiums governed by law 19,537, on Condominium Real Estate, are obliged to draw up internal regulations hygiene and security order in the terms set forth by Article 153 of the Labour Code. 2) Rethink the doctrine contained in Ord. No. 2680/0127, of 16/07/2001, only in designated buildings and condominiums in the previous issue, are forced to make a hygiene rules of order and security in the terms set forth by Article 153 of the Labour Code. LEGAL DEPARTMENT
ORD. MAT
No. 2936/84.: Rules of Procedure. Building Community. Origin.
RDIC.: 1) As a result of the amendments to the Labour Code, Law No. 19,759, on 05/10/2001, buildings and condominiums governed by law 19,537, on Condominium Real Estate, are obliged to draw up internal regulations hygiene and security order in the terms provided by section 153 of the Labour Code.
2) Rethink the doctrine contained in Ord. N ° 2680/0127 of 07.16.2001, only in designated buildings and condominiums in the previous issue, are forced to make a hygiene rules of order and security in the terms set forth by Article 153 of the Labour Code. ANT
.: 1) Run No. 18 of 07.03.1903, the Head of Unit Law Opinions and Reports;
2) Presentation of 14/04/2003, by Mr. Daniel Nadal Serri, Editor Labor Standards Lexis Nexis.
SOURCES:
Labour Code, articles 3 and 153.
Civil Code, Article 20.
Law No. 19,759, article only No. 18 of 10.05.1901.
Law No. 19,537, 1997.
Matches:
Ord. N ° 2680/127 of 07/16/1901.
SANTIAGO, 23.07.2003
OF: DIRECTOR OF LABOR
A: MR DANIEL NADAL SERRI LABOR LAW EDITOR
MIRAFLORES LEXIS NEXIS 383, PISO 11 SANTIAGO
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By presenting the history a decision is requested in order to determine whether modifications introduced by Law No. 19,759, 2001 to the Labour Code, alter the doctrine contained in Ord. N ° 2680/127 of 07.16.2001, which determines that the buildings and condominiums governed by law 19,537, on Condominium Real Estate are required to make a regulation internal health and safety at work, as stipulated in Article 67 of Law 16,744, there is no obligation to respect the rules making health and safety order governed by Article 153 of the Labour Code. About
particular like to inform you that following the amendments to the Labour Code by Act N º 19,759, of 10/05/2001, the new text of Article 153 of that body of law, in its paragraph 1 provides:
" enterprises, establishments, chores or economic units typically occupy ten or more permanent workers counted all serving in different factories or sections, but are situated in different localities, are obliged to draw up internal rules of order, health and safety that contains the obligations and prohibitions that workers should be held in conjunction with their work, persistence and life on the premises of the enterprise or establishment ".
From the aforementioned statute is inferred that the enterprises, establishments, chores or economic units that normally employing ten or more permanent workers are obliged to draw up internal regulations on the terms set forth therein.
It is therefore possible to state that there is an obligation in question, must attend copulatively the following circumstances:
a. Question of a company, establishment, labor or economic unit;
b. That they normally occupy ten or more permanent workers. Thus
to absolve this consultation, it is necessary to determine in advance whether the community that is in the nature of a company, a place of business, labor or economic unit that requires the standard analysis, for which it should be noted Article 20 of the Civil Code, which states:
"The words of the law is construed in their natural and obvious sense, as the general use of the same words, but when the legislature specifically defined for certain materials, it given in these legal meaning. "
The provision quoted above shows that, as a rule, the interpreter must understand the words of the statute in its natural and obvious meaning, which according to the case is set by the Dictionary Royal Academy, except when they have been defined by the legislature, in which case one is obliged to assign the scope established by law.
In the species, Article 3, final paragraph of the Labour Code, states:
"For the purposes of labor legislation and social security, means any organization of media company personal, tangible or intangible, sorted in one direction, to achieve economic ends, social, cultural or charitable, endowed with a particular legal individuality.
As is possible to determine, within the existing labor laws, the company has been defined by the legislature under the terms listed above and must, therefore, interpreter ignore what the same word is noted in the Dictionary of the Royal Academy.
But precisely this fact should be noted that Pre-insert the legal standard is clear that the term enterprise includes the following elements: a.
organization of people and tangible and intangible;
b. An address under which these people are sorted and elements;
c. Continuation a purpose that can be economic, social, cultural or charitable,
d. That this organization is endowed with a certain individuality.
annotated features can be concluded that the concept of an undertaking given by the labor law is broad in regard to the objectives assigned to it in a way that, in this aspect, includes any organization, regardless of their economic objectives, social , cultural or charitable, whether intended or not for profit.
Consequently, for business purposes there is no legal impediment to business entities considered as condominiums governed by the Condominium Property Act No. 19,537, not-for-profit.
However, the new wording of Article 153, does not restrict the application of its provisions to industrial or commercial enterprises, as happened at the date of this Direction issued by the statement contained in Ord. N ° 2680/0127 of 07.16.2001.
From this it follows that as a result of amendments introduced by Law No. 19,759 to the Labour Code must be understood and void reconsidered the doctrine contained in the Opinion No. 2680/0127 of 16.07.1901.
Consequently, on the basis of the above, legal provisions and administrative case law relied consulted, would like to inform you that:
1) Due of the amendments to the Labour Code by Act N º 19,759, of 05/10/2001, buildings and condominiums governed by Law No. 19,537, on Condominium Property, are forced to make an internal regulation of health and safety order the terms set forth by Article 153 of the Labour Code;
2) Rethink the doctrine contained in Ord. N ° 2680/0127 of 07.16.2001, only in designated buildings and condominiums in the previous issue, are forced to make a hygiene rules of order and security in the terms set forth by Article 153 of the Labour Code.
