P.R. Laws tit. 13, § 32445
(a) Any person who wishes to avail him/herself of the benefits of § 32444 of this title shall file an application for exemption with the Director of the Industrial Tax Exemption Office.
(1) The Director may require, through regulations, all the information he/she deems necessary and shall, likewise, include upon granting the exemption, those terms and conditions that, in his/her judgment, promote the economic welfare of all sectors of the industry.
(2) The exemption shall take effect from the time the application is filed, and shall continue in effect unless it is rescinded by the Director. The concessionaire shall maintain the level of employment established in the exemption, taking as a basis the level of employment prevailing as of May 31, 1978, in applicable cases; otherwise, the concessionaire shall be subject to the following options:
(A) In the event the concessionaire is forced to maintain a level of employment that is less than the level required in the exemption, but not less than ninety percent (90%) thereof, he/she shall be required to notify the Director of the Industrial Tax Exemption Office of the fact, stating the reasons that justify such reduction.
(B) In the event that the concessionaire is forced to reduce the level of employment to a figure that is less than ninety percent (90%) of the level required in the exemption, he/she shall file a sworn application justifying the reduction, before the Director of the Office of Industrial Tax Exemption, with a copy to the Secretary of the Treasury and to the Secretary of Labor and Human Resources.
(3) The Director shall take into consideration the grounds adduced by the concessionaire to justify the need to reduce employment, but not limited to strikes, war, government action, natural causes, or any other reasonable cause that is beyond the control of the concessionaire, and issue his/her determination, in writing, within thirty (30) days following the date of receipt and acceptance of the petition.
(4) The Director may cancel the exemption in those cases that the concessionaire fails to comply with the corresponding option, or may reduce the type of exemption in proportion to the ratio between the reduced level of employment and the level of employment established in the concession.
(b) Nothing provided herein shall be construed as to alter or modify the provisions of a labor-management agreement between any concessionaire and a labor organization.
History —Jan. 31, 2011, No. 1, § 5023.05, retroactive to Jan. 1, 2011.