Key Benefits:
WHY:
SENADO AND CAMARA DEDIPUTADOS DE LA Nacion ARGENTINA, REUNIDOS en CONGRESO ETC., SANCIONAN WITH FORCE OF LEY:
I. S ESTABLISHMENT Article 1 Artículo All private educational establishments, whatever their nature and organization, shall adjust their relations with the State and its staff to the requirements of this law. Art. 2o o For the purposes of the implementation of this law, the executive branch shall register all private schools and their staff, and shall classify establishments in:(a) Adscribed to official education: Private primary education establishments, controlled by the National Council for Education and secondary, normal or special education; incorporated into the official education under the Ministry of Justice and Public Education;
(b) Free: private, secondary, normal or special establishments, which, according to official plans and programmes, are not covered by the preceding section;
(c) Private, general educational establishments: Private, educational, direct or correspondence establishments, not included in subparagraphs (a) and (b).
Art. 3o o Private educational establishments which, upon the date of the sanction of this Act, enjoy the benefits of the incorporation into official education under the Ministry of Justice and Public Instruction, as well as those under the control of the National Education Council, shall automatically be transferred to the category of "adscripts to official education" and shall maintain such character, while complying with the existing rules and those that are set forth herein. Art. 4o In the establishments "adscribed to official education", to which the State contributes, the creation of new divisions of the same course will not be authorized, nor the formation of new sections of the same degree, without being covered with the maximum number of students determined by the provisions in force. Nor may annexed sections be authorized. Art. 5o o The Executive Branch shall regulate the procedure to be followed for the entry and promotion of students from institutions attached to official education, in their different cycles and stages of the curricula. Art. 6o o For the purposes of the registration referred to in Article 2 of this Law, the Executive Power shall establish a period not exceeding 60 days for private educational establishments to submit the documented statement required to them. II. . DEL PERSONAL Art. 7o o The executive, teacher, assistant, administrative, teaching and service staff of all private educational establishments are entitled to:(a) To stability, provided that it is not in a position to accept the benefits of retirement, with the exceptions set out in article 13 of this Act.
(b) The minimum wage and wage.
(c) To the antiquity bonus.
To the immobility in the locality, except written consent of the interested party.
Art. 8o o In order to be appointed in managerial or educational positions, in the establishments "adscribed to official education", the qualification shall be required.In those localities where there are no teachers who have a qualification for secondary, normal or special education, the appointment of National Teachers, or graduates of Technical Schools may be authorized, as appropriate, on an interim basis, those who will be able to teach the subject if in the course of three years they deserved favorable professional concept.
Art. 9o o The staff shall be appointed by the respective educational establishments and, in the particular case of the establishments "adscribed to official education", with the approval of the relevant official bodies, which shall be indispensable to confirming the designation. Art. 10. In the absence of a teacher ' s office, the private establishment shall designate the holder within a period not exceeding ninety days, for this purpose, the periods of vacation are not computed. Art. 11. The executive and teaching staff of the establishments "adscribed to official education" shall have the same duties, shall conform to the same incompatibility and shall enjoy the same rights established for the staff of the official establishments.In no case, staff of a registered establishment may hold office or hours at the official establishment to which it is incorporated.
Art. 12. The services provided in establishments "adscribed to official education" before or after the sanction of this law will be computed to elect those posts and categories of official education that require seniority in teaching. Art. 13. Staff may only be removed, without the right to notice or compensation, for reasons of inconduct, ill performance of their duties or physical or mental incapacity, subject to the corresponding summary by competent official authority in which the inviolability of the defence will be guaranteed. Art. 14. In cases of dismissal for reasons other than the taxation enumerated in the previous article, the provisions of articles 157 and related to the Trade Code shall apply.Payments in respect of notice and/or compensation shall be on the exclusive account of the private establishment and, in the case of establishments "adscribed to official education", shall not be computed between the expenses to be covered by the percentage of their tariff revenues, referred to in article 21.
Art. 15. Sanctions and waivers imposed by the relevant official agency shall not give rise to any compensation. Art. 16. In the event of a change of study plans, deletion of courses, divisions or degrees, upon authorization of the respective technical body and communication to the Gremial Council of Private Education, teachers of the establishment with the least age in the subject or grade will be available without pay.The availability of teachers may not be avoided through the removal of hours, changes in subject or shift, without the written agreement of those affected.
Art. 17. In the event of vacancies or the establishment of new courses, divisions or degrees, available teachers shall be appointed in accordance with their qualifications with priority to any other until they recover the fullness of their teaching task. III DE DE LOS SUELDS AND ARANCELES Art. 18. The following minimum salaries are established:(a) For the teaching staff of the establishments covered by article 2 (a), a monthly salary not less than 60 per cent of the nominal salary which, in equality of specialty, task and seniority, were paid by the teachers of the official establishments.
Grade teachers serving on discontinuous schedules will also enjoy a bonus not less than 30% calculated on the corresponding nominal base salary;
(b) For the management, assistant, administrative, teacher and service, of the establishments included in article 2 (a), and for all the staff of the establishments covered by subparagraphs (b) and (c), of the same article, the Gremial Council for Private Education shall establish a monthly salary not less, in any case, to the higher salary that the staff has received for the last two years, more than 25 per cent increase. In addition, the staff will enjoy every 3 years of service, from 10 years old, of a 10 % bonus on the previous nominal base salary.
The initial salaries of the staff of the establishments that are created after the sanction of this law shall be fixed, heard by the parties, by the Gremial Council for Private Education and shall enjoy the same prefixed bonus, with the deadlines from the beginning of their duties.
Art. 19. Salaries established by the preceding article shall be paid for the twelve months, irrespective of a supplementary annual salary, equivalent to 1/12 part of the total salary received in the respective calendar year. Art. 20. The salary received by the teaching staff shall, in all cases, be understood as a retribution for the sole provision of the specific services to be designated. Art. 21. The Gremial Council for Private Education shall, on an annual basis, establish the percentage of education tariff revenues that private establishments will pay for the salaries of their staff. This percentage may not be less than 50% of such income. Art. 22. In order to set the teaching tariffs that the establishments "adscribed to official education" shall apply to their students, the Gremial Council of Private Education shall classify them into three categories, taking into account the characteristics of the area, the teaching materials available and the facilities offered to their pupils and, before 1 January of each year, shall submit to the approval of the Executive Power the minimum rates proposed for each category.These tariffs will be perceived only during the school period established by the respective technical agencies.
Art. 23. Private educational establishments, in accordance with article 2 (b) and (c), shall communicate to the Gremial Council for Private Education, the educational tariffs that are set for their pupils within 30 days of their establishment. Art. 24. The establishments "adscribed to official education", which demonstrate that they cannot pay the minimum salaries set out in article 18 (a), shall receive, and only for that purpose, a contribution of the State which shall not exceed 2/3 parts of the minimum wage set out in that article.The Gremial Council for Private Education, in accordance with the financial characteristics of each establishment, and other circumstances that determine its functioning, shall, on an annual basis, propose to the Executive, in well-founded reports, the amount of this contribution.
For establishments providing free education, this contribution of the State can reach up to 80%.
Art. 25. As of 1 January 1948, no new grants will be agreed upon, and no subsequent payment will be made for those agreed upon, in the form of assistance to the education provided to private schools or institutions, including article 2 (a). The corresponding amounts shall be entered into the special account that shall be authorized to comply with the provisions of this law. Art. 26. The Gremial Council for Private Education will set annually the number of scholarships for study, by grade and course, which will agree on each State-subsidized establishment. These scholarships will be awarded in a proportion not less than 10% of the number of students in each course or grade. In addition, upon a well-founded request for an establishment "according to official education", subsidized by the State, the Gremial Council for Private Education may authorize it to exempt one or more pupils from the total or partial payment of teaching fees. IV DEL OF THE PRIVATE ENVIRONMENTAL COUNCIL Art. 27. Consider the Gremial Council for Private Education, which will consist of twelve members and one president, namely:(a) Four representatives of the Ministry of Justice and Public Education (2 for secondary and normal education; 1 for technical education and 1 for primary education);
(b) Two representatives of the Secretariat for Labour and Security;
(c) Two employers' representatives of the "establishments attached to official education" (1 by religious establishments and 1 by lay establishments) ;
(d) A employers ' representative of the establishments covered by articles 2 (b) and (c);
(e) Three staff representatives (1 for teachers, 1 for teachers and 1 for the remaining staff).
The president will be appointed by the Executive. The representatives referred to in subparagraphs (c), (d) and (e) shall be appointed by the corresponding union associations.
Art. 28. The exercise of a employers ' or staff representation in the Gremial Council for Private Education is incompatible with the exercise of posts under the Ministry of Justice and Public Instruction. Art. 29. The President and members of the Gremial Council for Private Education will last for three years and will serve as an honorary one. The staff representatives under article 27 (e) shall review their availability in their respective positions, as long as their representation lasts, without interrupting the benefits of this Act. Their salaries will be paid by the Gremial Council for Private Education, from their own funds. Art. 30. All members of the Gremial Council for Private Education shall have a voice and a vote, and the President shall have the power to decide in the event of a tie, without being obliged to speak in favour of any of the proposals in debate. The resolutions will be taken by a simple majority and the votes will be individual. Art. 31. The powers of the Gremial Council for Private Education are:1 Intervene in the control of the emerging relations of the private employment contract in the teaching and application of this law.
2nd To resolve issues relating to the salaries, stability, immobility and working conditions of staff, which are not covered by the present statute.
Art. 32. Of the resolutions of the Gremial Council for Private Education, a hierarchical remedy may be lodged with the Executive. V . DE LOS SANTIONS Art. 33. Transgressions to any of the articles of this law shall make the owner and director of the private establishment responsible, in solidarity and unlimited, to those who shall apply fines of $100 to $10,000 m/n, without prejudice to the disqualification of both, which may be disposed as an accessory of the imposed fine, and of the cancellation of the subscription agreed to the establishment or closure of the school. The amount of the fine will be intended to integrate the State ' s contribution to this law. Art. 34. The following procedure shall apply for the imposition of the sanctions established in the preceding article:(a) Complaint to the Gremial Council by person, interested union entity, or staff member of the corresponding divisions, a decision shall be issued setting out the initiation of the respective summary;
(b) The complaint shall be transferred to the accused by the term perennial of 10 days, informing him that within it he must present his disclaimer by offering the evidence to do to his right, not admitting any evidentiary measure offered after that term;
(c) The evidence offered shall be received by the Gremial Council or by the authority designated within 15 days of the previous term;
(d) Following the same, the evidence provided, or after the expiration of the term referred to in subparagraph (b), has been produced without the presentation of the disclaimer or offered evidence, the Gremial Council shall issue a resolution within 10 days, and may pre-order the measures which it considers necessary to best provide;
(e) In the event that the resolution imposes a fine and it does not appear within 5 days, the judicial execution of the same will be arranged by means of apprehension, to which effect the authentic testimony of the resolution of the Gremial Council of Private Education will be sufficient;
(f) The resolution shall be appealed by the accused, within 5 days before the Labour Justice in the Federal Capital and national territories and to the appropriate justice in the provinces, in accordance with the respective procedural laws, by filing the appeal with the Gremial Council for Private Education, by accrediting the payment of the amount of the fine applied;
(g) The appeal shall be based on deducting, not admitting to the court of appeal the submission of written evidence. The final resolution shall be issued within 15 days of receipt of the instructions.
Art. 35. The clauses that are contrary to the provisions of this Act are null and void, without prejudice to the penalties set out in this Act. The waiver of the charge to be valid must be ratified in writing before the Gremial Council of Private Education. VI S TRANSITORY PROVISIONS Art. 36. The staff of the private institutes who have at least one year of age at the time of this law shall be automatically confirmed and shall not be separated from their posts, but in accordance with articles 13, 14, and 15. Art. 37. In no case shall the staff of the private educational establishments lose the advantages of an economic nature that they have obtained prior to the sanction of this law and the modifications that imply the loss of the same shall incur the establishment in the payment of the amount determined for the severance pay. Art. 38. The dismissals or waiver that have been or are carried out between 1 January 1947 and 31 December 1949, without any of the reasons set out in articles 13 or 15, shall result in the payment of triple compensation. Art. 39. Retired teaching staff currently serving in establishments attached to official education may continue to perform their duties, in accordance with the provisions of this law. Art. 40. The regime of remuneration set out in articles 18, 21, 24, as well as the provisions of articles 22, 26 and correlatives, shall begin to govern from 1 January 1948. Art. 41. Expenditures for compliance with this Act shall be made in general income, subject to charge, until the respective items are included in the general budget. Art. 42. Contact the Executive.Given in the meeting room of the Argentine Congress, in Buenos Aires, on the twenty-eight day of the month of September of the year thousand nine hundred forty-seven.
| J. H. Quijano | Ricardo C. Guard |
| Alberto H. Reales | L. Zavalla Carbó |
