Ley 213 del 2007
Resumen
Esta ley enmienda la Ley Núm. 17 de 17 de abril de 1931 para modernizar los métodos de pago de salarios en Puerto Rico. Permite a los empleadores pagar a los trabajadores y empleados en efectivo, cheque, depósito directo, transferencia electrónica o tarjeta de nómina. La ley establece que el empleado tiene la opción de elegir el método de pago, y el empleador es responsable de los costos asociados con los sistemas de pago electrónico. También se incluyen disposiciones sobre la entrega de comprobantes de pago y la responsabilidad en casos de fraude electrónico. La ley define los términos 'empleador', 'trabajador' o 'empleado', 'cheque', 'transferencia electrónica', 'depósito directo', 'tarjeta de nómina', 'beneficiario designado', 'banco' y 'Web' para efectos de esta legislación.
Contenido
(H. B. 2920) (Conference) (No. 213) (Approved December 26, 2007)
AN ACT
To amend Sections 1, 3 and 6 of Act No. 17 of April 17, 1931, as amended, in order to adjust the direct deposit payment system to the labor reality of Puerto Rico.
STATEMENT OF MOTIVES
Act No. 17 of April 17, 1931, provided that the salaries of workers or employees shall be paid exclusively in the legal tender of the United States of America, that is, in cash, at intervals which shall not exceed one (1) week, and would not allow any other form of payment. The referred Act No. 17, supra, was amended by Act No. 74 of May 1, 1995, which tempered the form of making the payment, giving alternatives to the employer. These alternatives established checks and direct deposit or electronic transfer payment systems as options to cash payments.
Subsequently, in 1998, the Legislature recognized the problem of the cost and time expense for the changing of checks incurred by public employees. For that reason, Act No. 268 of September 11 of that year was approved, which established the obligation for the agencies of the Commonwealth of Puerto Rico to offer a direct payment system for those employees that began to work after July 1, 1998, unless the employees preferred to receive the payment by check. We believe that it is unfair to keep the employees of private entities at a disadvantage by not receiving the
benefits of direct payment. We also believe that most of the enterprises with a large number of employees shall benefit from the implementation of an electronic system to assist them with attendance control and payroll payments.
This Legislature has also seen how in the last few years the number of persons who make their government payments and other banking transactions through electronic and telephone systems has increased steadily and significantly. There are many advantages offered by the new technologies to workers and employees in regard to the collection and use of their salaries. Therefore, this Legislature established in Act No. 103 of May 25, 2006, known as the "Commonwealth of Puerto Rico Government Fiscal Reform Act of 2006," that the public policy of the Commonwealth of Puerto Rico would be to create incentives for the use of technology and set forth that the Department of the Treasury could establish a mechanism of electronic cards to comply with Act No. 268 of September 11, 1998. We also recognize the savings, promptness, and efficiency generated by these electronic systems, as well as the benefit of the reduction in the costs pertaining to the printing of payroll checks that these technologies represent.
According to all of the above, this Legislature deems it necessary to include, as an accepted method of payment of the wages for all types of employee in both the public and the private sectors, the electronic transfer of wages to payroll cards, as provided herein. In this manner, we shall harmonize all the laws and amendments made thereto in recent years with the provisions set forth herein for the payrolls disbursed by the Department of the Treasury as well as the payments disbursed for these purposes by private employers.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Sections 1, 3 and 6 of Act No. 17 of April 17, 1931, as amended, are hereby amended to read as follows: "In all contracts entered into with workers or employees, their wages shall be paid, in the legal tender of the United States of America, whether in cash or check. The employer, however, may choose to pay, subject to the provisions below, the wages of his/her workers or employees through one or more of the following electronic means of payment
(i) direct deposit, (ii) electronic transfer, or (iii) payroll credit cards, subject to the provisions under Section 6 of this Act.
Payment through electronic means shall be effective on the same payday. The worker or employee shall have the option to choose from among the methods that the employer makes available, whether cash, check, or electronic means of payment, subject to the provisions under Section 6 of this Act, that he/she wishes for the payment of his/her wages, on a voluntary basis.
If by special agreement, custom, or other reason whatsoever, the employee or worker receives a cash advance through check or electronic means of payment before the regular payday, subject to the provisions under Section 6 of this Act, it shall be lawful for the employer to deduct said advance from the next payment.
If it is stipulated in a labor contract that all or part of the wages shall be paid in a form other than money, check, or electronic means of payment, subject to the provisions under Section 6 of this Act, said contract shall be null insofar as it refers to the promise or commitment
to pay the wages in any form other than the methods of payment allowed under this Act.
Payments made through direct deposit or electronic transfer shall be made into the account of the worker or employee at the bank of his/her own selection. The employer shall deliver a voucher to each worker or employee as evidence of the salary electronically deposited or transferred, after the deductions authorized by law, whether into his/her bank account or a payroll card. This voucher may be distributed in printed format (on paper) or electronically (by telephone, facsimile or through a Web site), as the employee or worker chooses, with no additional charge to the employee by the employer or the banking institution. The costs related to the salary payment system through check or electronic means of payment, subject to the provisions under Section 6 of this Act, shall be the exclusive responsibility of the employer.
At the time of asking the employee or worker about his/her decision to avail himself/herself of a cash, check or electronic means of payment, subject to the provisions under Section 6 of this Act, the employer shall make available to the employee information regarding electronic fraud. The employer shall likewise indicate to his/her employee the degree of responsibility of the employee, the employer and the bank used by the employer for his/her electronic payroll payments in the case of electronic fraud.
When an employer pays the salaries of his employees through checks and the same cannot be cashed because the employer-drawer lacks the necessary funds in the bank against which they were drawn, or because he/she has closed the bank account, the employees thus
affected may file a complaint before the Secretary of Labor and Human Resources, for the latter to require the employer to post a bond, approved by the Insurance Commissioner, to guarantee the payment of the employees' salaries. These remedial measures shall be imposed after a hearing, which shall be held no later than ten (10) days from the date of the payment of the salary and all the circumstances of the case shall be taken into consideration. The maximum duration of such an order shall be two years. The requirement of a bond or any other protective measure to be decreed by the Secretary of Labor and Human Resources shall be without diminishing the penalties and remedies provided in Section 8 of this Act. The Secretary of Labor and Human Resources shall immediately promulgate the necessary regulations for these procedures."
Section 2.- Section 3 of Act No. 17 of April 17, 1931, as amended, is hereby amended to read as follows: "The total amount of wages due to a worker or employee shall be paid in legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card, at intervals which shall not exceed fifteen (15) days. When a worker or employee is dismissed or has to leave work during any day of the week, it shall be the duty of the employer to pay him the amount due for the number of days worked, no later than the next official payday. Any payment of wages to a worker or employee by the employer in merchandise or in a form other than the legal tender of the United States of America, whether in cash, check, direct deposit, electronic transfer of funds or payroll credit card shall be null."
Section 3.- Section 6 of Act No. 17 of April 17, 1931, as amended, is hereby amended to read as follows: "'Employer' for purposes of this Act shall be understood to mean any person who uses or avails him/herself of the work of any worker or employee through the payment of wages. 'Worker' or 'employee' shall mean the person who receives a salary or wages for his/her work in any occupation, excluding executives, administrators and professionals, as these terms have been defined by the Minimum Wage Board of Puerto Rico. 'Check' shall be understood to mean any bill of exchange drawn against a bank and payable upon presentation.
Electronic transfer shall be understood to mean any of the three following methods:
(a) 'Electronic transfer of funds' refers to any transfer of funds that is initiated through an electronic terminal, telephone instrument or computer or magnetic tape in such a way as to order, instruct or authorize a financial institution to debit or credit them to an account. When an electronic transfer is used as payment of a payroll through a credit to the employee's account, it is denominated as a direct deposit.
(b) 'Direct deposit' is a form of payment of salary and wages from the deposit account that an employer has in a banking institution to the deposit account that the worker or employee has in different banking institutions through an electronic transfer of funds. There shall be prior agreement between the employer and the employee, and the banking institution that originates or facilitates the electronic transfer
of funds. The employee receives a voucher from his employer containing an itemized account of all deductions directed by law, and/or agreed upon with the employee.
(c) 'Payroll Credit Card' is a rechargeable card to which an employer shall credit the salaries and wages of the employee. Examples of these cards include, but are not limited to
(i) open loop systems including international trademark credit cards that require a signature or a personal identification number to authorize the transaction at a point of sale or an automated teller machine (ATM) and (ii) closed loop systems that require a personal identification number for all types of transactions. For transactions that require that the employee use a personal identification number, said personal identification number shall be selected by the employee or shall be provided to the employee or his/her Designated Beneficiary upon issuing the card. The card is for the exclusive use of the employee and the balance corresponds to the payroll payment credited by the employer. 'Designated Beneficiary' shall be understood to be a natural person whom the worker or employee has authorized, through the express written application of the worker or employee to the Bank, to receive and use an additional payroll credit card. Said additional payroll credit card shall be issued to the same account number of the worker or employee.
'Bank' shall be understood to mean any entity or financial institution duly authorized to do banking business, including banks, savings banks, federal savings and credit associations, savings and loan credit unions and trust companies, which offer checking account, direct deposit, electronic transfer of funds, or any combination of these services. 'Web' shall be understood to mean a text, graphic, or other Internet multimedia objects of communication that serve as graphic forms of Internet browsing."
Section 4.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 213 (H.B. 2920) (Conference) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 1, 3 and 6 of Act No. 17 of April 17, 1931, as amended, in order to adjust the direct deposit payment system to the labor reality of Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $16^{ ext {th }}$ of May of 2008.
Kevin Miguel Rivera-Medina Sub-Director