(a) Those industries that on the effective date of this act are paying higher wages under a mandatory decree and are not covered by the federal minimum wage, shall continue to pay them to their workers. However, those industries that are covered by the federal act and are paying wages that are higher than the federal minimum wage, shall continue to pay them to the workers.
(b) An employee who was covered by a mandatory decree as of August 1, 1995, which provided for the monthly accrual of vacation and sick leave rates higher than what is provided in this chapter, or who was entitled to accrue such benefits with less hours of work than what is provided in this chapter, shall continue to enjoy such benefits under the same terms that existed before August 1, 1995. This provision shall apply as long as he/she works for the same employer.
(c) Those industries that on the effective date of this act, were regulated by mandatory decrees with a monthly accrual rate of vacation and sick leave lower than what is provided in this chapter, or with requirements of minimum hours of work to be entitled to said accrual rates greater than what is provided in this chapter, shall continue to be subject to the provisions of said mandatory decree to such effects. In the shortest time possible, and according to the economic capacity of each industry, the minimum vacation and sick leave benefits established by said mandatory decrees shall be adjusted to the levels provided in this chapter.
(d) In the process of revising the mandatory decrees, the Secretary shall take into consideration the cost of living and the special needs of the employees, as well as the economic conditions and the competition of the industry in question, so that there will be no substantial reduction in employment in said industries. In revising the decrees, the Secretary shall comply with the “Uniform Administrative Procedures Act of Puerto Rico”, §§ 2101 et seq. of Title 3. Provided, That public hearings notified at least sixty (60) days in advance, shall be held in the revision process, and the determination shall be subject to judicial review.
History —July 27, 1998, No. 180, § 5.