P.R. Laws tit. 29, § 176

2019-02-20 00:00:00+00
§ 176. Payment of wages—Definitions, “employer” and “laborer”

Employer.— For purposes of §§ 171—177 of this title, 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 (1) 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 (2) 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.

History —Apr. 17, 1931, No. 17, p. 194, § 6; July 1, 1995, No. 74, § 4; Dec. 26, 2007, No. 213, § 3.