Understanding Occupational Accidents, Diseases, and Employee Rights
Law on Occupational Accidents and Diseases
This document outlines key aspects of the law concerning occupational accidents and diseases, focusing on employee rights and benefits.
Benefits
The law covers the following benefits:
- Medical benefits
- Temporary disability benefits
- Disability benefits
- Survivors’ pensions
- Death benefit
Accident at Work
An accident at work is defined as any injury suffered by an individual due to or during their labor, resulting in disability or death. This includes accidents occurring:
- Directly at the workplace
- During commutes to and from the place of residence and work
- Suffered by union leaders while performing their union duties
Occupational Disease
An occupational disease is a condition caused directly by the exercise of a profession or work, leading to incapacity or death.
Employee Rights and Restrictions
Officials have the right to freely practice any profession, industry, commerce, or trade that is compatible with their position in the Administration of the State, provided it does not interfere with the faithful and timely performance of their duties. However, private activities are prohibited if they relate directly or indirectly to the powers or duties of their municipal employment or are specific to their unit.
Exchange of Positions
The exchange of positions is a voluntary change between two officers of equal rank within the respective plant, provided they meet the legal and regulatory requirements and have the approval of the competent authorities.
Discounts and Charges
The following are related to discounts and charges:
- Leave without pay
- Leave without pay for scholarships
- Leave without pay for directors of staff associations
- If medical leave is rejected or filed out of time, the officer is not entitled to recover compensation or benefits.
Wages
Wages are the fixed financial compensation assigned to a public employment based on its level or degree. The Labour Code defines wages as the stipend paid in cash for equal periods, as identified in the contract, that the worker receives for their services.
Right to Promotion
The right to promotion is the right to access a higher-level vacancy in the hierarchical structure of the respective plant, either through promotion or by participating in a contest to fill the vacancy.
Allowances
Allowances are additional salary payments that correspond to the official and can have various causes, including:
- Allowance paid
- Overtime
- Allowance inherent in the position or function
- Allowance of merit
- Compensatory Allowances
Obligations of Staff Members
Staff members have the following obligations:
- To comply with obligations to the service
- To comply with working hours
- To adhere to the principle of administrative probity
- To demonstrate loyalty to the service and proper behavior
Compensation
Compensation refers to the payments a public employee is entitled to receive by reason of their employment or function. Key aspects of compensation include:
- Payments are made in cash.
- Payment is due from the day the official takes office.
- Equal monthly installments are paid and overdue.
- They are subject to seizure up to fifty percent, enforceable by court order issued in trial or at the request of the Treasury for food or service to which the official is obligated.
- Deductions from staff salaries are limited to amounts corresponding to pay taxes.
- It is not permissible to anticipate all or part of an official’s remuneration.