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STRENGTHENS THE SERVICE OF TREASURERS

Original Language Title: FORTALECE EL SERVICIO DE TESORERÍAS

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LAW NO. 21,060 STRENGTHENS THE SERVICE OF TREASURIES Having present that the National Congress has given its approval to the following Bill: " Article 1.-Facultect the President of the Republic so that within one year, counted from the date of publication of this law, established by means of one or more decrees with force of law, issued through the Ministry of Finance, the necessary rules to regulate the following matters: 1. Treasuries and dictate all the necessary standards for their proper structuring and operation. In particular, it may determine the number of charges for each grade of the Single Pay Scale to be assigned to such plants; the specific requirements for the entry and promotion of such charges; the charges of exclusive trust and career; and their denominations and hierarchical levels, for the purposes of Article 8 of Law No. 18,834, on Administrative Statute, the consolidated, coordinated and systematized text of which was established by the decree with force of law No. 29, 2004, of the Ministry of Finance. In addition, it will determine the hierarchical levels for the purposes of the application of the provisions of Title VI of Law No. 19,882, which regulates new personnel policy to the public officials that it indicates. In the exercise of this power you will be able to create, delete and transform charges and, in addition, you will be able to set rules of typecasting. 2. To establish the date of entry into force of the plants to be fixed and of the staff's pigeonings. Article 2. The establishment of the staff referred to in the previous article shall be subject to the conditions laid down in the law or decrees with force of law to fix the new Plants of the Service of the Treasury, for which it shall be Consider the following: 1. The officials of the management, professional, technical, administrative and auxiliary plants will be located in the same grade as they had at the date of the pigeonhole, maintaining the order of the scale of merit. 2. Once the above mechanism has been carried out, the posts remaining vacant in the professional, technical, administrative and auxiliary plants shall be provided by means of internal competition, in which only the officials may participate. (a) they shall be treated in the same way as the respective plants, which have been in such quality for at least 10 years in the institution, prior to 1 January 2017. Such officials shall be held in the same grade and in the same grade as they were treated as on 1 January 2017. 3. If, once the staff has been pigeonholed in accordance with the above rules, vacant posts will still be left, these will be provided by means of internal competition, in which only the staff employed by the Service of the Treasury will be able to participate. professional, technical, administrative and auxiliary staff, who have been without a continuity solution in that quality for at least five years at the institution, prior to 1 January 2017. Such officials shall be held in the same grade and in the same grade as they were treated as on 1 January 2017. 4. In the internal competitions referred to in numerals 2 and 3 only officials shall be involved in contracts deemed to be equivalent to the respective plant, which are qualified in list 1, of distinction, or in list 2, good, and which comply with the requirements of the respective charge. The law-force decrees referred to in the preceding article shall define the factors which shall at least consider the internal contests referred to above. In addition, the law or the aforementioned decrees will determine the degree to which those officials may be encased to contracts that have experienced an improvement in the level of remuneration at the time determined by the decree with force of law. However, those officials who have experienced an improvement in the level of remuneration after 1 January 2017 may only be typecast to the extent that they previously held to such improvement. The provision of vacant posts in the internal competitions referred to in numerals 2 and 3 shall be made in descending order according to the score obtained by the applicants. In the event of a tie, officials shall be appointed in accordance with the result of the last qualification obtained. In the event of maintaining this equality the Treasurer General will decide. 5. The payment of the staff referred to in this Article shall be subject to the following conditions: (a) It shall not be liable to be considered as a cause of service termination, termination of office, termination of service or termination of service. of the employment relationship. It shall also not be able to import change from the usual residence of officials outside the region where they are providing services, except with their consent. (b) It shall not mean loss of employment, reduction of remuneration in respect of the staff of a plant office that is pigeonholed, or modification of the rights of the plant. (c) In the case of personnel who at the time of the typecasting are the holder of a plant charge, any difference in remuneration must be paid by additional payroll, which will be absorbed by the future remuneration improvements that (a) correspond to officials and officials, except those arising from general readjustments which are granted to public sector workers. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. In addition, the general readjustment indicated above will apply to the supplementary plan. (d) Changes in the degree to which the pigeonings are carried out shall not be considered as promotion, and the officials shall, as a result, retain the number of biennies and shall maintain the length of stay in the grade for that purpose. The requirements for the performance of the charges to be laid down in the exercise of the power referred to in the preceding Article shall not be required in respect of officials and officials for the purposes of the provision of this article. Likewise, officials and officials shall contract in service to the date of validity of the respective decrees with force of law referred to in the previous article, and to those whose contracts are extended in the same way. conditions, the requirements to be laid down in the decrees with corresponding force of law shall not be required. Article 3.-To count on the first day of the month following the total processing of the administrative act that resolves the contest referred to in the numeral 3 of the previous article, by the sole ministry of the law, the officials holding the plants of professionals, technicians, administrative and auxiliaries who are in grade 12 or less than that and which, as of 1 January 2017, have, in plant quality, an age of five years or more in the same grade, shall be located in the grade immediately above, creating the charges for that effect, and in turn the remaining charges will be deleted vacancies for the typecast provided in this article. The provisions of this paragraph shall not apply to those who are at the top of their scale or to those who have improved grades after 1 January 2017. The provisions of this article will be formalized by a resolution of the Undersecretary of Finance, which is endorsed by the Budget Directorate. Article 4.-Article 5 of the decree with force of law No 1, 1994, of the Ministry of Finance, which fixes the consolidated, coordinated, systematized and updated text of the Organic Statute of the Treasury Department, the following (r) and (s): " (r) Establish the internal organisation of the Treasury Department and determine the names and functions that correspond to each of its areas, such as divisions, departments or sections, established for the purposes of the duties assigned to it, in accordance with the provisions of Article 32 of the Law No. 18,575, subject to the floor and the maximum staff. (s) Authorize the disposal of official documents of the Service, which are in disuse and are more than ten years old, counted from the date of their issuance. You may delegate this power to any manager of the Service, who for these purposes shall act as minister of faith. The electronic copies obtained from the records of the General Treasury of the Republic shall be authentic, of all the information received, prepared or preserved in this electronic format. " Article 5.-To establish, to count on the first day of the month following the date of publication of this law, a bonus for qualified experience of support to the management of tax collection for the staff of the Treasury Department, holder of charges for the plants of technicians, administrative and auxiliary workers, when they serve ten years of services at the top level of the respective plant. For the purposes of the foregoing paragraph, the staff of the plants already indicated may compute the years of services provided in quality to contracts assimilated to the ceiling of the respective plant which grants the right to receive the bonus for qualified experience in support of tax collection management. The bonus set out in this Article shall be paid monthly from the first day of the month following the month in which the beneficiaries are ten years old at the top of the respective plant and as long as they remain in the plant. The amount of the bonus referred to in this article will be equal to 25.2% for the officials belonging to the technicians plant, at 18% for the function In addition, the Commission has not yet taken the necessary steps to ensure that the aid is provided for. The above percentages shall apply to the sum of the basic salary allocated to the respective grade and the allowance referred to in Article 4 of Law No 18,717, as appropriate. This bonus will have the taxable and taxable character for forecasting and health purposes. In addition, it will not serve as a basis for any other remuneration or legal benefit. Transitional Article.-The greatest tax expense that the application of this law represents during its first financial year will be financed from the budget of the Treasury Department. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading of the Treasury, may supplement that budget in the portion of the expenditure that cannot be financed from the funds referred to above. In subsequent years the expenditure shall be financed from the resources provided for in the respective public sector budget laws. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had the right to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, January 26, 2018.-MICHELLE BACHELET, President of the Republic.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Saluda Atté. to you, Macarena Lobos Palacios, Deputy Finance Secretary. Constitutional Court Draft law that strengthens the Treasury Department, corresponding to the bulletin No. 11.468-05 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Tribunal exercises the control of constitutionality with respect to the numerals 2, 3 and 4, of article 2 of the bill; and by judgment of January 18, 2018, in the cars Role No. 4232-18-CPR. It resolves: That, the provisions contained in Article 2, numerals 2, 3 and 4, of the bill, are in accordance with the Political Constitution. Santiago, January 18, 2018.-Rodrigo Pica Flores, Secretary.