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A week after the controversy generated by Cencosud and its dividend distribution, the Superintendency of Pensions (SP) reported this afternoon that it instructed the Administrator of Unemployment Funds (AFC) regarding the procedure to be implemented to restitute the individual unemployment funds and supportive in the case of companies that avail themselves of the Employment Protection Law and subsequently withdraw that measure, after the approval of the competent authority.
Through a statement, the entity said that, by means of an official letter, it responded to the query made by the AFC (in a letter received on May 7) instructing the procedure. for that entity to receive the funds corresponding to benefits of the Employment Protection Law, when employers desist from receiving their workers from the benefits provided by said law.
The regulator recalled that the extraordinary benefits of unemployment insurance established in that initiative (Law No. 21.22) seek to support workers affected by the stoppage or reduction of activities in companies, due to the health contingency derived from the coronavirus.
“Specifically, the SP instruction establishes that the AFC must issue a Claim Resolution Opinion -document detailing the resolution of the requirement- within a period of 10 business days after the corresponding authority has ruled favorably on the reconciliation of the pact, ”said the SP.
The Superintendency indicated that the returns that the applicant company will make must compensate the profitability that these resources would have been obtained if they had been kept in the severance funds of individual accounts (CIC) or the Solidarity Unemployment Fund (FCS). In the event that there is no loss, no compensation and adjustment will apply.
Finally, he said that the AFC You must establish formal procedures for receiving the withdrawal requests submitted by employers., the information and documentation that they must provide and the channels that will be made available to receive them. Also the amounts that correspond to restitute for each involved worker and the compensation for profitability.
In addition, you must take measures to keep employers permanently informed of the status of the processing of your application and inform the worker about the amounts that have been reimbursed to your Individual Severance Account.
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