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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
/
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.

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Frequently Asked




One of our readers raised a situation recurs frequently explicit permission, we share your concern with you: Dear

Carolina,
The problem remains the same, there was a meeting, citing people for a slip by under the door, I'm not aware until the day, many people did not receive anything, the account that is paid in the assembly is a joke, a power point and nothing more, as well as could have claimed if we never wanted to show invoices and contracts, we can do now, plus two persons elected working with the administrator as committee members, but is co-owned by his accountant and one steward.
thank you tell me we can do now, I have no problem in that post mail.

Already thank you very much for everything.

Lorena Veliz.

Dear Lorraine, Deputy
specially designed format for presentation, fill it, submit it and tell us how you're going, we are at your disposal.

Luck!:

DECLARATION REQUESTS REVOCATION OF MEETING OF JOINT OWNERS, FIRST ADDENDUM, ACCOMPANYING DOCUMENTS, SECOND ADDENDUM: Note. LOCAL POLICE

SJL.

... ... ... ... ... ... ... .. (nationality, ID, address, marital status, occupation or trade) if in my capacity as owner of the condominium ... ... ... .. to Ss., Respectfully say: That
come this act in seeking the annulment of the assembly of co-owners held to date ... ... .., cited by ... ... ... ... condominium under the following background:

lacks the mentioned assembly legal validity, also the agreements and resolutions taken in it, because from the summons to the end lacks the standard requirements for validity, so SS., that notice or summons to a meeting of co-owners was conducted by a simple document made under the door of the condominium apartments, this also was done by a selective, as there are departments that simply not let them any documents, however, there are co-owners who did not attend such meeting and notice that when the respective document to the subpoena had important commitments, personal and work that prevented them from attending, an issue that would have been different had been made respecting the legal procedure for this, such as stated in Article 18 of Law 19,537. More illustrative is the Civil Code "Art 1681. Is void any act or contract to lack any of the requirements prescribed by law for the value of the same act or contract ... "
Judge In the case, it violates the principle of equality between co-owners, it is not set equal treatment for all community members who belong to the condominium.
That in respect of the subpoena, then the conclusion of the mentioned meeting, there is no record of the participants in which are credited as "landlord business", which sets the 2 º N º 6 of the Act of communities ... ... ... ... (briefly recount the particular facts) (usually there are problems with the surrender of a documented account of the administration (... (note that pays so well is tricky and no possibility of being challenged by a co-owner, since the legal obligation set out in Article 23 of the Act states que deberá estar a disposición de los copropietarios la documentación del condominio, lo que se solicito sistemáticamente por varios copropietarios al administrador, verbal, electrónica y personalmente, ante lo cual el administrador no respondió nunca)



POR TANTO, y en virtud de lo expuesto, normas señaladas y Art. 1.68l, 1.682 y ss. Del código civil, y demás normas pertinentes Solicito a SS. , tener por presentada solicitud de declaración de nulidad de la asamblea de copropietarios celebrada con fecha…….y así declararlo, con expresa condenación en costas.



SEGUNDO OTROSI: Pido a SS., tenga por acompañados los siguientes documentos:

1 .- Copy of deed of sale which proves my capacity as co-owner.
2 .- Copy of rules of ownership.
3 .- ... ... ... ... ... ... ..
SECOND ADDENDUM: Request from SS., Keep in mind that according to the provisions of Article 33 of Law 19,537, with subsequent amendments, to appear in person before your court, not of a lawyer.








Estimates, five months ago, live in an apartment belonging to a condo that was given 6 months ago. As yet has not been delivered to 75% of the apartments owners, there is no management committee, therefore, the current administration is engaged by Inmibiliaria. On delivery of the common expenses emnsuales, not deliver a satisfactory detail the costs incurred during the period, nor the state fund reseeva already charged, therefore, I wonder, if the number of owners to date we can soliictar a areunión with management to request renditions, as I wonder if it is possible to audit the management company. Waiting



prompt response,

Alejandra Acevedo



Answer:

Alexandra While there is no percentage to the condominium enough, the administration continues to have obligations, the law states that any owner may require the revision of the documentation of the condominium, for it must be a permanent arrangement by the administration, I advise you make the request in writing, saving real estate copia.La should likewise be appointed an interim committee, you can do, under Section 33 of the law of ownership, is go to court local police in your community and submit a formal application assembly for accountability, this can be done if for any ground is not possible to reach the quorums prescribed by law or not to be quoted or assembly by the administration committee, the assembly is done by court order and agreements taken with the majority of participants (the law refers to Section 654 of CPC). The laws are on the blog



* Among the forms published, there is one especially for summoning the assembly.

Luck.

Other Experience:


Hello,
to me are charging a fine of 10% interest for back pay a fee according to what I read comunpero can not be greater than "Maximum conventional interest rate, which according to the SERNAC should be charged is 4.93% 4.93% interest?:

Answer:

The law states that all co-owners are obligated to contribute to the payment of common expenses in proportion to his right in the commons, remember, Article 5 of the Law of Condominium, discussed in an article on commons, here you set the penalty to non-compliance or delay in fulfilling the obligation of the joint owners to attend to the payment of common expenses, "... every owner must pay common expenses periodically in the terms established by the Co-ownership rules. If you fall into arrears, the debt shall bear the maximum interest rate for operations not indexed conventional or lower than the established by the Regulation of Condominium "as well, the Act provides for punishment for default or delay the conventional maximum interest. Precisely because it is an obligation of money, we are facing a legal APPRAISAL damage produced, resulting in the conventional maximum interest payment on the amount owed.

We must agree that general standards, in terms of compensation for not payment of a sum of money (Art. 1559 Civil Code and Law 18 010 (06.27.1981 Official Journal) on credit operations money), to conclude that: If the rules of ownership not prinuncia on interest, breach of the obligation to pay common expenses, attract the maximum interest non-adjustable conventional operations. (Article 5 of the Condominium Act) NO can not be charged an interest other than the most conventional.

By contrast, applying general principles of our civil legislation, co-owners can set in the respective rules of ownership, which is a case of default or delay in payment of common expenses, interest accrues interest below the maximum conventional but if higher than conventional interest, shall be deemed unwritten, and, by operation of law, interest will be reduced to the current interest governing at the time of the convention (Article 8 of Law No. 18,010).

JORGE THANK YOU for sharing with us about your experience.

SOON.

Hello Blog friends,

We told the assembly that we successfully by court order due to the published form, the people participate much more than we thought, they seem to like the idea of \u200b\u200bdoing things without a lawyer joke in order to change the management and we are extremely hopeful that things work better.

Thank you for guidance and help and of course they can publish our emails.

Chao and thousand thanks!

Jorge Peña.