LEY NÚM. 21.445

MODIFICATION OF THE REGULATION ON CONTRACTION, PRESTATION AND PAYMENT OF THE SERVICE FOR THE EXTRACTION OF SOLID RESIDUES

Bearing in mind that the H. National Congress has approved the following

Bill:

"Article 1. Introduce the following amendments to Act No. 18,695, the constitutional organ of Municipalities, the consolidated, coordinated and systematized text of which was established by the Decree No. 1, 2006 of the Ministry of the Interior:

1. Add the next article 8:

"Article 8 quater. Without prejudice to the provisions of article 8, the municipalities may conclude agreements with the General Treasury of the Republic to make payment to suppliers of services granted for the collection of solid household wastes, directly from the collection of territorial tax of municipal benefit corresponding to the respective commune and, if insufficient, with the monthly participation of the respective commune of the decree, No. The General Treasury of the Republic shall inform the Subsecretariat for Regional and Administrative Development within thirty days of the signing of the Convention.

However, in the case of municipalities that have not signed the agreements in accordance with the preceding paragraph, the suppliers of the services granted may request the General Treasury of the Republic to pay the invoices issued and not objected by the municipality, and that they are unpaid for a period longer than thirty days after their acceptance. The General Treasury of the Republic shall, on its own motion, communicate to the municipality the request for payment received, in order that it may subscribe the agreement within thirty days from the receipt of the office. If the municipality does not subscribe to the agreement within that period, the General Treasury of the Republic shall send the record to the head of the control unit of the respective municipality, and the provisions of article 81, paragraph 2, shall apply. In this way, suppliers will receive payment from the outstanding amounts to be distributed to the respective municipality, as stated in the preceding paragraph, with priority according to the date of submission of the application. In the event of failing to reach the funds to pay the total amount of the invoices due, they will be outstanding to be paid with priority the following month, and so on. In no case may the Fisco be held liable for outstanding municipal payments.

Municipalities may be subrogated from service providers granted for the collection of solid household waste, in cases where, for any reason, they have debts for workers for unpaid labour or projectional benefits. ".

2. Modify article 27, letter b), numeral 6, as follows:

(a) Replace the word ", and" with a point and apart.

(b) Add the following second paragraph, new:

"As a result of payment to concessional service providers of home solid waste collection, it will be in accordance with Article 8 Quater."

Article 2.- Enter the following modifications article 6 of the Law No. 19.886of bases on administrative contracts for supply and service delivery:

1. Replace in the first paragraph the term "fifth decision" with "sixth decision".

2. Replace the second, third and fourth subparagraphs with the following second, third, fourth and fifth subparagraphs, with the current fifth, sixth, seventh and eighth subparagraphs being sixth, seventh, eighth and ninth respectively:

"As a result of the bidding of solid household waste collection services, the municipalities shall be subject to the minimum content for which they establish a regulation issued through the Ministry of the Interior and Public Security, in accordance with the type of municipalities specified in that regulation, except in terms of improved conditions of employment and remuneration regulated by this rule. Such tendering bases and awards shall be subject to the procedure for the taking of reason by the Comptroller General of the Republic.

In order to determine the typology of the municipalities, at least the number of inhabitants, the size of the communes, the difficulty of access and other conditions of the commune in which the service of the collection of home waste will be provided.

In the tenders indicated in the second subparagraph, the economic criterion should weigh at least 50 per cent and the best employment and remuneration criteria referred to in the first subparagraph should be at least 30 per cent of the total valuation score. In addition, this approach to better conditions of employment and remuneration may not be part of another assessment criterion.

For the purposes of the above, the best employment and remuneration criteria shall be composed of at least the following subfactors:

(a) The total remuneration to be paid to each worker, as provided in article 42 of the Labour Code, may not be less than the average remuneration paid by the workers who provide the services specified in paragraph 2 above, and the role they have performed in the last three months, prior to the commencement of the bidding process. For these purposes, the municipality shall indicate in the tender bases the aforementioned average remuneration for each function, as it is a driver, comb or sweeper, concerning the previous tender process, considering only the staff who work directly in operational actions of the solid household waste collection service.

(b) The number of workers in the company currently providing the concessional service, which will continue to provide services for the new concessionaire.

(c) Conditions of employment, including the existence of welfare benefits, recruitment through indefinite employment contracts, the existence of existing collective contracts or other contracts established by the municipality. "..

Having complied with the provisions of article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, April 14, 2022.- GABRIEL BORIC FONT, President of the Republic.- Izkia Siches Pastén, Minister of the Interior and Public Security.- Mario Marcel Cullell, Minister of Finance.

What I am transcribing to you for your knowledge. He presents his compliments to you, Francisca del Fierro Torres, Assistant Secretary for Regional and Administrative Development (S).

Constitutional Court

Draft law amending various regulatory bodies with the aim of improving the regulation regarding the hiring, provision and payment of the service of the extraction of solid household wastes, corresponding to Bulletin No. 14.032-06

The Secretary of the Constitutional Court, who subscribes, certifies that the H. Chamber of Deputies and Deputies sent the draft law set forth in the heading, approved by the National Congress, in order that this Court exercise the control of constitutionality in respect of the first and second subparagraphs of article 8 quater contained in article 1 (1) and article 6 (2), paragraph 2, of article 20, 22, of the Draft Law; and

It states:

1st. That the first and second subparagraphs of article 8 quater contained in article 1, paragraph 1, and article 6, paragraph 2, of article 2, paragraph 2, of the draft law amending various regulatory bodies with the aim of improving the regulation concerning the hiring, provision and payment of the service of the extraction of solid household wastes, corresponding to the Bulletin No. 14.032-06, are in conformity with the Constitution.

2°. No decision is issued, in a preventive review of constitutionality, of the remaining provisions of the draft law, not to deal with matters regulated by the Constitutional Organic Law.

Santiago, March 31, 2022.- María Angélica Barriga Meza, Secretary.