reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 362 - Night work; rules and regulations

The Secretary of Labor and Human Resources shall promulgate the rules and regulations he may consider necessary to safeguard the health and safety of workmen in night work. In the process of adoption of these rules and regulations he shall consult both the labor organizations and the management sector. Said rules and regulations shall apply equally to both sexes and to the methods, means and safety systems to protect the life, health and welfare of the workmen in keeping with the nature of the work, and/or place where it is done. These rules and regulations shall take effect immediately after approval. They shall be sent to the Legislature not later than January 15, 1977 and shall have force of law, if the Legislature does not act against them, within fifteen (15) days following the date they were submitted.
History —Nov. 12, 1975, No. 25, p. 847, § 2; June 2, 1976, No. 127, p. 367, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 371 - Industrial home-based work regulated—Short title

Sections 371—392 of this title shall be known and shall be cited as the “Industrial [Home-Based Work] Law”.
History —May 15, 1939, No. 163, p. 812, § 2, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 372 - Industrial home-based work—Legislative purpose

Puerto Rico has long recognized that employment of men, women, and children under conditions detrimental to health and general welfare results in injury, not only to the workers immediately affected, but also to public interest as a whole. This recognition has produced a broad program of regulatory legislation to conserve the public welfare. The continuance of an unregulated industrial [home-based work] system in this Commonwealth runs counter to that program, since it is always accompanied by excessively low wages, long and irregular hours, and unsanitary dwellings or dwellings otherwise inadequate for work. Employment of young children in industrial [home-based work] occupations is frequent, but effective supervision of this child-labor evil has not been attainable under the present status. The preservation of this system, moreover, endangers the protection of the workers in industrial factories.
After careful study and investigation, the Legislature is convinced that [home-based work] must be strictly controlled in the interest of the wage earners of this Commonwealth and of industry.
History —May 15, 1939, No. 163, p. 812, § 1, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 374 - Industrial home-based work regulated—Forms of home-based work prohibited

It shall be unlawful to manufacture in a home, for an employer, subcontractor, or representative contractor, any of the following articles or to perform in a home, for such persons, any of the following work, and no permit issued under §§ 371—392 of this title shall be deemed to authorize such manufacture or the performance of any such work.
(a) Articles of food or drink.
(b) Articles intended for use in connection with the serving of foods or drinks.
(c) Sanitary goods, cigar holders, cigarette cases, pipes for smoking, or other articles for the use of smokers; tobacco handling or stripping.
(d) Powder puffs, cosmetics, or articles intended to be used for the application of cosmetics.
(e) Explosives, fireworks, or articles of like character shall not be manufactured in a home, for an employer, a representative contractor, or a subcontractor.
(f) Drugs and poisons.
(g) Tobacco, cigarettes, or cigars.
(h) The tearing or sewing of rags; Provided, That the work with “rags” shall not be deemed to apply to new remnants, clippings, or salvages which are the by-products of manufacturing processes.
(i) Articles the processing of which requires exposure to substances determined by the Department to be hazardous to the health or safety or persons exposed thereto.
History —May 15, 1939, No. 163, p. 812, § 4, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 375 - Industrial home-based work regulated—Inspections by Department; correction of deficiencies

(a) The Department shall have the power, on its own initiative, to make an investigation of that portion, branch or dependency of any industry which employs [home-based workers], in order to determine:
(1) Whether the conditions of employment are injurious to the health and welfare of [home-based workers] in such portion or dependency, or
(2) whether the wages and conditions of employment prevailing in such portion, branch or dependency have the effect of rendering unduly difficult the maintenance of existing labor standards, or the observance and enforcement of labor standards established by law or by regulation for the industry of which such portion, branch or dependency is a part, thus jeopardizing wages or working conditions of the factory workers in such industry;
(b) if, on the basis of information in its possession, and upon an investigation as provided in this section, the Department shall find that industrial [home-based work] cannot be continued within any industry, branch, or dependency thereof, without injuring the health and welfare of the [home-based workers] within that industry, or without rendering unduly difficult the maintenance of existing labor standards or the observance and enforcement of labor standards established by law for the protection of the factory workers in that industry, the Department shall, by order, require all employers, representative contractors, or subcontractors in such industry to correct within a reasonable period the deficiencies found, or to discontinue the furnishing within this Commonwealth, of articles or materials for industrial [home-based work]; and no permit issued under §§ 371—392 of this title shall be deemed thereafter to authorize the furnishing of articles or materials for industrial [home-based work] prohibited by such order, until such deficiencies have been corrected;
(c) All power machines permitted by law, used in the conduct of industrial [home-based work], shall be guarded in accordance with the laws and regulations of the Department of Labor and Human Resources.
History —May 15, 1939, No. 163, p. 812, § 5, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 377 - Industrial home-based work regulated—Permit for employer; revocation; penalties

(a) Every employer and every representative contractor within this Commonwealth shall procure from the Department an employer’s permit. Application for such permit shall be made on a form prescribed by the Department. Such permit shall be in writing, dated when issued, and signed by the Secretary of Labor and Human Resources or by his duly authorized representative. It shall give the name and address of the person to whom it is issued and shall designate and limit the acts that are permitted. Such permit shall be valid for a period of one year from the date of its issuance, unless sooner revoked for just cause.
(b) No permit shall be issued to any person, or to the successor or successors of any person whose permit has been revoked by the Department, until after the two (2) years following such revocation.
(c) Any employer, or a representative contractor, who delivers to another person any articles or materials for manufacture by industrial [home-based work] without having in his possession a valid employer’s permit from the Department, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to undergo imprisonment for not more than six (6) months, or both, in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 7, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 378 - Industrial home-based work—Permit for subcontractors; penalties

(a) Every subcontractor must procure from the Department a subcontractor’s permit. Application for such permit shall be made on a form prescribed by the Department. Such permit shall be in writing and signed by the Secretary of Labor and Human Resources or by his duly authorized representative. It shall also contain the name and address of the person to whom it is issued, and shall designate and limit the acts that are permitted. Such permit shall be valid for a period of one year from the date of its issuance, unless sooner revoked for just cause.
(b) No such permit shall be issued to any person who, or whose predecessor in interest, held an employer’s permit which, within the two (2) years prior to the application for a subcontractor’s permit, was revoked by the Department.
(c) Any subcontractor who delivers or causes to be delivered to another person, any articles or materials for manufacture by industrial [home-based work] without having in his possession a valid subcontractor’s permit, shall be guilty of a misdemeanor, and shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to undergo imprisonment for not more than six (6) months, or both, in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 9, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 379 - Industrial home-based work—Fees for employer’s permit

(a) For the original issuance of an employer’s permit, the employer or representative contractor shall pay to the Department of Labor and Human Resources, through the cancellation of internal-revenue stamps a fee of ten dollars ($10) when he employs not more than seven (7) [home-based workers]; fifteen dollars ($15) when he employs from eight (8) to fifteen (15) [home-based workers]; and twenty-five dollars ($25) when he employs sixteen (16) or more [home-based workers].
(b) For each annual renewal of such permit, the employer or representative contractor shall pay to the Department of Labor and Human Resources through the cancellation of internal revenue stamps, a fee of five dollars ($5.00) when he employs not more than seven (7) [home-based workers]; seven dollars ($7.00) when he employs from eight (8) to fifteen (15) [home-based workers]; and ten dollars ($10) when he employs sixteen (16) or more [home-based workers].
History —May 15, 1939, No. 163, p. 812, § 10; May 12, 1943, No. 130, p. 402, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 380 - Industrial home-based work regulated—Register of work

No person having an employer’s or a subcontractor’s permit shall deliver or cause to be delivered or received, any articles or materials for or as a result of industrial [home-based work], unless such employer or subcontractor keeps and maintains a register and forwards same to the Department at the intervals the said Department may by regulation prescribe, and on the blanks it may provide, the said register containing a complete and accurate record of all persons engaged in industrial [home-based work] on articles or materials furnished or distributed by said employer or subcontractor; of all places where such persons work; of all articles or materials furnished and distributed to such persons, and containing, further, such description as the Department may require of all articles or goods which such persons have manufactured; of the net cash wages received by each [home-based worker]; and of all subcontractors to whom he has furnished articles or materials to be manufactured for him in any home. It shall also be a duty of every employer or contractor to include in said register any other information which may be required by the Department under regulations promulgated under § 391 of this title.
History —May 15, 1939, No. 163, p. 812, § 11; May 12, 1949, No. 295, p. 886, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 381 - Industrial home-based work regulated—Conditions for manufacture in homes

Industrial [home-based work] on articles or materials manufactured for any person to whom an employer’s permit has been issued shall be performed:
(a) Only by a person possessing a valid [home-based worker’s] certificate.
(b) Only by persons over the age of sixteen (16) years.
(c) Only by persons resident in the home in which the work is done.
(d) Only during such hours as may be fixed by law or regulation as permissible hours of labor in factories by persons of the same age and sex as the [home-based worker], and
(e) Only in a home that is clean and sanitary and free from any infectious, contagious, or communicable disease.
History —May 15, 1939, No. 163, p. 812, § 12, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 382 - Industrial home-based work regulated—Labels for articles manufactured by home-based worker

No employer, representative contractor, or subcontractor, shall deliver, or cause to be delivered, any articles or materials to be manufactured by any [home-based worker], unless he has conspicuously affixed to each article or material a label, or other mark of identification, bearing the employer’s or representative contractor’s and subcontractor’s name and address, said label or mark to be printed or written legibly in Spanish; but if the articles or materials are of such a nature that they cannot be individually labeled or identified, then the employer or representative contractor and the subcontractor shall conspicuously label, in like manner, the package, wrapper, or other container in which such articles or materials are delivered, or are to be kept while in the possession of the [home-based worker].
History —May 15, 1939, No. 163, p. 812, § 13; May 12, 1949, No. 295, p. 886, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 383 - Industrial home-based work regulated—Seizure of articles unlawfully manufactured

Any articles, or materials which are being manufactured in a home, in violation of any provision of §§ 371—392 of this title, shall be seized and removed by any agent of the Department, and shall be retained by him until claimed by the employer or representative contractor. The Department shall give notice of such removal to the person whose name and address are affixed to the article, as provided by § 382 of this title. Unless the article so removed is claimed within the thirty (30) days following the date is seized, it shall be destroyed or otherwise disposed of.
History —May 15, 1939, No. 163, p. 812, § 14, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 384 - Industrial home-based work regulated—Delivery to subcontractors

No employer, or representative contractor shall deliver or cause to be delivered any material or articles to a subcontractor who is not in possession of a valid subcontractor’s permit; Provided, That no subcontractor shall distribute through another subcontractor, agent or commission merchant or any other person, the work subcontracted for by him with an employer or representative contractor; and neither shall he pay to workers employed by him a sum less than that assigned by the employer or representative contractor for the work to be done.
History —May 15, 1939, No. 163, p. 812, § 15, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 386 - Industrial home-based work regulated—Inspection of premises and records; enforcement

In the performance of the duties and powers conferred upon the Secretary of Labor and Human Resources by §§ 371—392 of this title, he or his authorized representative are hereby authorized to enter the place of business of the employer for the purpose of inspecting the payroll of said employer, or other records or documents relative to the enforcement of §§ 371—392 of this title; and the Secretary of Labor and Human Resources or his authorized representative is hereby authorized to summon witnesses, to administer oaths, and to take testimony; and, in compliance with these provisions, he may issue subpoenas and compel the presentation of evidence, documentary or otherwise, and he may also use, in connection with his duties, as entrusted to him by §§ 371—392 of this title, the services of justices of the peace, of District judges, of prosecuting attorneys, of marshals of the District Court and Court of First Instance, and of the police force.
History —May 15, 1939, No. 163, p. 812, § 17, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 387 - Industrial home-based work regulated—Contributions by home-based workers

No agreement by a [home-based worker] whereby he binds himself to pay any portion of a payment required of any person by any provision of §§ 371—392 of this title shall be valid; and it is hereby declared that no person shall make a deduction for such purpose from the wages or salary of the [home-based worker].
History —May 15, 1939, No. 163, p. 812, § 18, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 388 - Industrial home-based work regulated—Records of Department subject to inspection

Records, reports, applications, and returns required to be made by §§ 371—392 of this title shall be kept on file by the Department of Labor and Human Resources, and shall be open to examination and inspection, said examination and inspection to be subject to the regulations the Department may prescribe. They may be used as evidence in any proceeding under §§ 371—392 of this title, but shall not otherwise become matter of public record.
History —May 15, 1939, No. 163, p. 812, § 19, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 389 - Industrial home-based work regulated—Witness fees

Any witness who appears in obedience to a subpoena issued by the Department shall be entitled to such witness fees as the Department shall allow, payable from appropriations made for the said Department for such purposes.
History —May 15, 1939, No. 163, p. 812, § 20, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 390 - Industrial home-based work regulated—Penalties

(a) Any person who willfully makes a false statement or representation knowing it to be false, in order to lower the amount of fees due from him under §§ 371—392 of this title; or any person who makes a deduction not authorized by law from the wages or salary of any [home-based worker]; or any person who refuses to allow the Secretary of Labor and Human Resources, or his authorized representative, to enter a place of business for the purpose of inspecting his payroll, or other records or documents relative to the enforcement of §§ 371—392 of this title, or who refuses to permit the Secretary of Labor and Human Resources, or his authorized representative, to copy such record or documents, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in jail for a term not to exceed six (6) months, or by both penalties, in the discretion of the court.
(b) Any person who violates the provisions of §§ 371—392 of this title, or any section or provision hereof, for which no specific penalty has been prescribed, or who violates any rule or regulation promulgated hereunder shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in jail for a term of not more than three (3) months, or by both penalties in the discretion of the court.
History —May 15, 1939, No. 163, p. 812, § 21; May 12, 1949, No. 295, p. 886, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 391 - Industrial home-based work regulated—Regulations; enforcement by Department

The rules and regulations necessary to carry out the provisions of §§ 371—392 of this title shall be made by the Department. Such rules and regulations shall have the force of law when duly approved by the Governor and promulgated. The Department shall have the power, and it shall be its duty, to enforce all the provisions of §§ 371—392 of this title.
History —May 15, 1939, No. 163, p. 812, § 22, eff. 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 392 - Industrial home-based work regulated—Payments covered into general funds

All fees and other moneys derived from the enforcement and operation of §§ 371—392 of this title shall be paid to and covered into the Commonwealth Treasury through the proper channels, and credited to general funds.
History —May 15, 1939, No. 163, p. 812, § 23, eff 90 days after May 15, 1939.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 393 - Sanitary requirements—Homes used for workers

Any house or place of lodging to be used or occupied as a shelter for laborers under contract with a corporation, firm, manufacture, factory, or agricultural plantation shall be maintained in a clean condition and in accordance with sanitary requirements, and shall have a capacity of not less than three hundred (300) cubic feet of space for each adult, or nine hundred (900) cubic feet for a man, a woman, or two children; Provided, That in no case shall the lodging of laborers be permitted in places where merchandise is stored; and any violation of this provision shall be considered a misdemeanor.
History —July 26, 1921, No. 86, p. 732, § 1; May 8, 1942, No. 149, p. 824, § 1, eff. 90 days after May 8, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 394 - Sanitary requirements—Land to be clean and drained

The lands on which such lodgings are located shall be drained by necessary ditches to carry off rain water and shall be kept absolutely clean and free by the tenants from all residue injurious to health.
History —July 26, 1921, No. 86, p. 732, § 2, eff. 90 days after July 26, 1921.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 395 - Sanitary requirements—Enforcement

Every corporation, firm or employer or his representative or agent, shall be obliged whenever so required by the Department of Health or by the Department of Labor and Human Resources, or their representatives, to carry out existing legal provisions.
History —July 26, 1921, No. 86, p. 732, § 3, eff. 90 days after July 26, 1921.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 396 - Sanitary requirements—Access to premises by government officials

The representatives of the Department of Labor and Human Resources and of the Department of Health shall have free access to such lodgings at any time or place required.
History —July 26, 1921, No. 86, p. 732, § 4, eff. 90 days after July 26, 1921.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 397 - Sanitary requirements—Penalties

Any corporation, firm, employer or manufacturer, which through its agent or person in charge, violates any provision of §§ 393—397 of this title, shall, upon conviction, be punished by a fine of not more than fifty dollars ($50), or by imprisonment for not more than thirty (30) days.
History —July 26, 1921, No. 86, p. 732, § 5, eff. 90 days after July 26, 1921.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 398 - Stripping tobacco—Declaration of harmfulness

It is hereby declared that the stripping of tobacco, when done in the home of the workers or of any other person, is injurious to the health and life of such workers and of the members of their families.
History —May 15, 1936, No. 117, p. 686, § 1, eff. 90 days after May 15, 1936.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 399 - Stripping tobacco—Home stripping of tobacco prohibited

It is hereby prohibited to strip tobacco in the home of the workers or of any other person.
History —May 15, 1936, No. 117, p. 686, § 2, eff. 90 days after May 15, 1936.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 400 - Stripping tobacco—Penalties

Every tobacco grower, and every owner, employer, or agent of shops, warehouses, or establishments devoted to the stripping of tobacco, who furnishes tobacco to one or more workers to be sweated, stored, stripped, dried, sorted, or packed at home shall be guilty of a misdemeanor which shall entail a minimum fine of one hundred dollars ($100) and a maximum fine of five hundred dollars ($500); or in default thereof, imprisonment in jail for a minimum term of thirty (30) days and a maximum term of six (6) months.
History —May 15, 1936, No. 117, p. 686, § 3, eff. 90 days after May 15, 1936.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 401 - Stripping tobacco—Places for stripping tobacco; regulations

In the stripping, drying, sorting, or packing of tobacco, no places other than those approved for such purposes by the Secretary of Health may be used; and said Secretary shall prescribe for the purpose such rules, not in conflict with §§ 398—402 of this title, as may be necessary to enforce strictly the provisions of §§ 398—402 of this title in connection with homework.
History —May 15, 1936, No. 117, p. 686, § 4, eff. 90 days after May 15, 1936.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 17 - Industrial Home-Based Work (§§ 371 — 402) › § 402 - Stripping tobacco—Enforcement

The supervision and the enforcement of §§ 398—402 of this title shall be entrusted to the Secretary of Health and the Secretary of Labor and Human Resources of Puerto Rico, both of whom, in the performance of these duties, may utilize all the officials in their respective departments and the Police Force of Puerto Rico.
History —May 15, 1936, No. 117, p. 686, § 5, eff. 90 days after May 15, 1936.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 18 - Health Certification Law of Puerto Rico (§§ 411 — 413) › § 411 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Public establishment.— Includes any business or industrial establishment that handles or produces foods and/or beverages, such as restaurants, markets, diners, cafes, store[s] of any kind that handles or produces foods, food stands, milk pasteurization centers or deposits, dairy farms, slaughterhouses, itinerant stands of food articles, bakeries, pastry shops, candy stores, bottled water and/or soda pop establishments; and establishments and institutions that provide direct health services such as hospitals, clinics, and any other establishment whose employees provide direct health services to the public; and any other establishment analogous to those herein included of said industries.
(b) Direct threat.— Is any risk of substantial damage to the health of an individual or the public, which cannot be eliminated or reduced.
History —Aug. 30, 2000, No. 232, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 18 - Health Certification Law of Puerto Rico (§§ 411 — 413) › § 413 - Miscellaneous provisions

Neither the Secretary of Health of Puerto Rico nor any other official in his/her representation may require any health certificate other than those comprised herein.
History —Aug. 30, 2000, No. 232, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 431 - Employment of minors—Definitions

Whenever used in §§ 431—443a and 446—456 of this title:
Employment certificate.— Shall mean a certificate issued by an officer duly authorized by the Secretary of Labor and Human Resources allowing the employment of a minor pursuant to the provisions of §§ 431—443a and 446—456 of this title.
Certificate of age.— Shall mean a certificate issued by request of any person over eighteen (18) years of age, attesting to the date of birth and age of the petitioner.
Minor.— Shall mean any child of either sex under eighteen (18) years of age.
Employer.— Shall mean any natural or [juridical] person, whether principal or agent, who employs a minor.
Gainful occupation.— Includes all work and employment in factories, mills, sugarcane factories (centrales), machine shops, establishments, any place where there is a mechanical factory or enterprise; warehouses, stores, establishments and places where mercantile operations are carried out; farms, plantations, estates or any other type of place devoted to agriculture, horticulture or grazing; and in every mining or fishing undertaking.
History —May 12, 1942, No. 230, p. 1298, § 1; July 20, 1979, No. 146, p. 343, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 432 - Employment of minors—Minors under sixteen (16) forbidden to work; exceptions; while school in session

No minor under sixteen (16) years of age shall be employed, permitted, or suffered to work in Puerto Rico in, or in connection with, any gainful occupation; Provided, That minors between fourteen (14) and less than sixteen (16) years of age may be employed outside class hours and during school vacations, but not in any occupation somehow prohibited by §§ 431—443a and 446—456 or by an order or regulation made hereunder; Provided, further, That minors between fourteen (14) and less than sixteen (16) years of age may be employed outside class hours and during school vacations in agricultural tasks, or as peddlers.
No minor under sixteen (16) years of age shall be employed, permitted or suffered to work in, or in connection with, any gainful occupation during the period of time in which public schools in Puerto Rico are in session.
Notwithstanding the foregoing provisions of this section, the Secretary of Labor and Human Resources is hereby authorized to grant permits for the employment of minors between fourteen (14) and sixteen (16) years of age in any gainful occupation, even during the period in which the public schools in Puerto Rico are in session, whenever, upon previous investigation for the purpose, the Secretary of Education shall determine that it is not possible to have the minor attend school and the Secretary of Labor and Human Resources shall determine that the minor’s employment in the occupation involved is not detrimental to his life, health or welfare. In those cases, the employment of the minor shall be subject to the restrictions and conditions that the Secretary of Labor and Human Resources may impose in the permit.
History —May 12, 1942, No. 230, p. 1298, § 2; June 15, 1959, No. 39, p. 103, § 1; June 9, 1961, No. 26, p. 58, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 433 - Employment of minors—Hours of work; posting notice of work schedule

No minor between fourteen (14) and less than eighteen (18) years of age shall be employed, permitted, or suffered to work in, or in connection with, any gainful occupation for more than six (6) consecutive days in any one week, or for more than forty (40) hours in any one week, or for more than eight (8) hours in any one day; neither shall any minor between fourteen (14) and less than sixteen (16) years of age be permitted, or suffered to work before eight o’clock in the morning or after six o’clock in the evening; nor shall any minor between sixteen (16) and less than eighteen (18) years of age be permitted, or suffered to work before six o’clock in the morning or after ten o’clock in the evening; Provided, That minors between fourteen (14) and less than eighteen (18) years of age may be employed in concerts or theatrical shows until midnight, upon authorization of the Secretary of Labor and Human Resources. In the case of minors attending school and working after class hours, the total number of school and working hours shall not exceed eight (8).
Every employer shall post and keep posted conspicuously in the place where any minor between fourteen (14) and less than eighteen (18) years of age is employed, permitted, or suffered to work, a printed notice setting forth the maximum number of hours said minor may be required or permitted to work each day of the week, the hours of beginning and ending of work each day, and the hours when the time allowed for meals begins and ends. The printed form of such notice shall be furnished by the Child Bureau of the Department of Labor and Human Resources, and the presence of such minor in the place of work for a longer time in any day than so stated, or at any time other than as stated in said printed notice, shall be deemed a prima facie evidence of a violation of the provisions of this section.
History —May 12, 1942, No. 230, p. 1298, § 3, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 434 - Employment of minors—Period for lunch

No minor between fourteen (14) and less than eighteen (18) years of age shall be employed, permitted, or suffered to work for a period of more than four (4) consecutive hours without being allowed at least one hour to lunch, and no lunch period of less than one hour shall be considered enough in any period of continuous work.
History —May 12, 1942, No. 230, p. 1298, § 4, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 437 - Employment of minors—Documents supporting application for certificate

The officers authorized by §§ 431—443a and 446—456 of this title to issue employment certificates shall issue such certificates only upon the application in person of the child desiring employment, accompanied by his parent, guardian, or custodian, and after having received, examined, approved, and filed the following papers, namely:
(a) A statement signed by the prospective employer or by some one duly authorized on his behalf, stating that he expects to employ such minor, setting forth the specific nature of the occupation in which he intends to employ such minor, and the number of hours per day and of days per week which said minor shall be employed and the daily time of the beginning and ending of such employment and of the period for lunch and the salary said minor is to receive.
(b) Proof of age as provided in § 438 of this title.
(c) A certificate of physical and mental fitness as provided in § 439 of this title.
(d) A school record as provided in § 440 of this title.
History —May 12, 1942, No. 230, p. 1298, § 7, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 438 - Employment of minors—Evidence of age

The evidence of age required by §§ 431—443a and 446—456 of this title shall consist of one of the following, which will be required in the order herein designated:
(a) A birth certificate or attested transcript issued by the person in charge of the registry of vital statistics or other officer charged with the duty of recording births. No fee shall be charged for said certificate.
(b) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the minor. No fee shall be charged for this certificate.
(c) A passport or a certificate of arrival issued by immigration officers of the United States showing the age of the minor.
(d) Other documentary record of the minor’s age satisfactory to the Secretary of Labor and Human Resources; Provided, however, That a school record, a school census certificate, or a parent’s, guardian’s or custodian’s affidavit or statement of the minor’s age shall not be accepted as specified in subsection (e).
(e) A certificate of physical age, signed by a physician, and based upon a physical examination of the minor. Such certificate shall state the height and weight of such minor and other evidence upon which the opinion as to the age of such minor is founded. A parent’s, guardian’s or custodian’s affidavit of age, and a record of the age as given in the register of the school first attended by the minor, if obtainable, or in the earliest available school census, shall accompany the physician’s certificate of age.
No evidence authorized by a subsequent subdivision of the order of proof herein enumerated shall be accepted unless there be received and filed substantial evidence that the proof required by the preceding subsections cannot be obtained. If subsequent proof of age of the sort required under this section shall be likewise filed and shall conclusively establish the falsity of the proof previously filed, the Secretary of Labor and Human Resources shall cancel the certificate and shall issue or refuse a new one, according to the age thus established. The proof of age in the files of the Child Bureau shall be receivable in all future applications for employment certificates without such proof being again required; Provided, That upon each new application the applicant’s physical fitness for the particular employment must be reestablished as hereinafter provided.
All birth or baptismal certificates, passports, or any other documentary record submitted as proof of age may be returned to the minors upon request, after the officials authorized to issue the certificates shall have made a literal transcription thereof for their files.
History —May 12, 1942, No. 230, p. 1298, § 8, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 439 - Employment of minors—Medical certificate as to physical and mental fitness

The certificate of physical and mental fitness required by §§ 431—443a and 446—456 of this title shall be signed by a physician and shall state the height and weight of the minor; that said minor has been submitted to a thorough examination by said physician upon filing application for an employment certificate; that said minor has attained the normal physical development of a minor of his age; that he is in sound health and physically and mentally fit for the employment specified in the statement submitted according to the provisions of §§ 431—443a and 446—456 of this title.
History —May 12, 1942, No. 230, p. 1298, § 9, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 440 - Employment of minors—School record requirements

The school record required by §§ 431—443a and 446—456 of this title for the issuance of an employment certificate shall be signed by the principal of the school last attended by the child, or by some one duly authorized by said principal, said record shall bear the name, date of birth, grade last completed, and address of the minor; Provided, That in the case of a certificate issued to work outside class hours, the school record shall bear a certificate stating that the child regularly attends school, and that, in the opinion of the principal, he can be employed in such gainful occupation without detriment to his progress in school, but said certificate of the principal shall not be required in the case of employment certificates issued to work during vacations.
History —May 12, 1942, No. 230, p. 1298, § 10, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 441 - Employment of minors—Age certificates for persons over eighteen

Upon request of any person over eighteen (18) years of age who wishes to work, the official in charge of issuing employment certificates may issue an age certificate stating that he is over eighteen (18) years of age, if the employer requires him to present proof of his age. Upon receiving this age certificate, the employer may keep and file it while the person is working for him. When the minor ceases to work for him, the employer shall return said certificate.
History —May 12, 1942, No. 230, p. 1298, § 11; July 20, 1979, No. 146, p. 343, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 441a - Employment of minors—Record of the minor

The record of a minor before a court shall not constitute an impediment for applying or obtaining employment, a position or office in the public service or the private sector. Any natural or juridical person who rejects an employment application of a minor of eighteen (18) years of age or fails to give the minor employment only because said person did not have access to the records of the applicant, shall be sanctioned with a fine of not less than one thousand dollars ($1,000) nor of more than five thousand dollars ($5,000).
History —May 12, 1942, No. 230, p. 1298, added as § 12 on Aug. 26, 2005, No. 87, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 19 - Employment of Women and Minors; Compulsory School Attendance (§§ 431 — 476d) › § 442 - Employment of minors—Duties of employer

Every employer receiving an employment certificate issued to a minor between fourteen (14) and less than eighteen (18) years of age shall return said certificate to the local office of the Department of Labor and Human Resources within the two (2) days following the date of the termination of the minor’s employment. Failure to make such return shall be sufficient cause for the department to refuse other permits. No new employment certificate shall be issued to any minor until he submits a new statement from the employer. An employment certificate shall be valid only to the employer for whom the permit is issued and for the occupation designated in the employer’s statement. The employer shall obtain and keep on his files, accessible to any official, inspector, or other person authorized to enforce or to assist in the enforcement of §§ 431—443a and 446—456 of this title, the employment certificates issued to minors while they are working with said employer. The refusal of any employer to produce, during an inspection, such employment certificate, or the presence of any minor under eighteen (18) years of age in his establishment or in the surroundings of his establishment, without holding an employment certificate, or at any hour not specified in the notice of hours referred to by §§ 431—443a and 446—456 of this title, shall be prima facie evidence of a violation of the provisions governing the employment of minors. The presence of a minor under eighteen (18) years of age in any working place shall be prima facie evidence that the minor is employed.
History —May 12, 1942, No. 230, p. 1298, § 12, renumbered as § 13 on Aug. 26, 2005, No. 87, § 2.