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AMEND THE LAW NO. 20,209 AND OTHER LEGAL BODIES, IN THE FIELD OF PROMOTION AND THE BENEFIT OF THE STAFF OF THE SECTOR;

Original Language Title: MODIFICA LA LEY Nº 20.209 Y OTROS CUERPOS LEGALES, EN;MATERIA DE PROMOCIÓN Y BENEFICIO DEL PERSONAL DEL SECTOR;SALUD

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LAW NO. 20,270 AMENDS LAW NO. 20,209 AND OTHER LEGAL BODIES, IN MATTERS OF PROMOTION AND THE BENEFIT OF HEALTH SECTOR PERSONNEL Having present that the National Congress has given its approval to the following Bill: Article 1. The following amendments to Law No 20.209: 1) to Article 4: a) Attaché, in the first indent, following the separate point (.), which happens to be followed (.), the following sentence: " With equal requirements will be entitled to this bonus the drivers of vehicles which, performing in the Ministerial Regional Secretariats and the Instituto de Salud Pública de Chile, transport teams of health. "b) Substitute, in the second indent, the word" corresponding "by the phrase", from the Regional Secretary of Health or the Ministry of Health Director of the Public Health Institute of Chile, as appropriate. " (c) Intercalase, in the third indent, following the phrase "ambulance driver", the following: "or driver of vehicles carrying health equipment". d) In the fourth indent, replace the "1,420" by "1,520", and interleave, following the word "Health", the second time it appears, the phrase ", of the Regional Ministry of Health and the Public Health Institute of Chile. ' (2) Add, in the numeral 1) of the second transitional article, the following third paragraph, new: " In the case of the promotion of the posts of the plant of technicians, the title of technical higher than the officials shall not be required that, as of 30 July 2007, they have twenty or more years of service as a paramedic, a paramedic or auxiliary nurse in the Health Services, provided that they have approved a course of Auxiliary Paramedic or Auxiliary of Nursing, of at least 1,500 hours, according to programs recognized by the Ministry of Health. For the calculation of the preceding years of service, the years as the holder and the contract shall be considered as both the years. "3. Substitute, in the first indent of the transitional third article, the sentence" This statement shall be governed by the rules of Article 15 of the decree with force of law No. 29, of the Ministry of Finance, of 2005, without prejudice to the special rules indicated for the plants of technicians, administrative and auxiliary: "for the following:" In the case of plants of managers and professionals, it will be governed by the special rules that the effect of the law or decrees with force of law referred to in the previous article. However, in the case of professionals, except those who are holders of a grade 5 post, those rules shall consider one or more internal contracts for the use of the right holders and the persons to whom they are engaged. In this capacity, it has been carried out without a solution of continuity, at least during the five years immediately prior to the date of publication of the decrees with force of law to fix the new plants. In the case of the technical, administrative and auxiliary plants, the following rules shall be governed by the following rules: " (4) Intercalanse, in the second transitional article, the following third and fourth points, and the current Third and fourth, to be fifth and sixth, respectively: " For the purposes of the provisions of Article 88 of the decree with force of law No 1, of the Ministry of Health, of 2005, professionals exercising the option referred to in the preceding paragraph and which have, as at 31 December 2008, the number of years of continuous services subject to the rules of the Decree No 29, of the Ministry of Finance, of 2005, and those of Decree Law No. 249 of 1973, which are indicated below, shall be governed by the following rules: (a) Those who have nine or more years of service shall be given for approval, by the sole ministry of the law, the last individual accreditation process, having the right to permanently perceive the individual accreditation component that corresponds. (b) Those who have six and less than nine years of service shall be given, by the sole ministry of the law, the second individual accreditation process with the right to receive the appropriate individual accreditation component. (c) Those who have three and less than six years of service shall be given, by the sole ministry of law, the first individual accreditation process, with the right to receive the appropriate individual accreditation component. However, the Director of the Health Service shall issue the decision which individualizes the officials included in each of the letters mentioned above. " 5) Replace the third transitional article, by the following: ' Article 10 (3) of the Treaty-The officials referred to in Article 4 (3) of this Act which, as at 30 July 2007, are not licensed for medium-term education and are in compliance with the functions of an ambulance driver or driver vehicles carrying health equipment, shall be entitled to the monthly allowance to the extent that access to one of the quotas referred to in the fourth indent of that Article. '; Article 2.-Substitute the second sentence of the first paragraph of article 14 of the decree with force of law No. 29, of the Ministry of Health, of 2001, for the following: " The hiring that imports for the staff the promotion to a higher degree, shall be provided with internal competition. '; Article 3.-Attaché, in the final paragraph of Article 21 of the decree with force of law No 30, of the Ministry of Health, of 2001, following the separate point (.), which becomes comma (,), the following sentence: " except for the contracts for replacements for legal reasons, which may be provided by a selection process. ' Article 4.-Attaché, in the final paragraph of Article 21 of the decree with force of law No. 31, of the Ministry of Health, 2001, following the separate point (.), which becomes comma (,), the following sentence: " except for contracts by replacements for legal reasons, which may be provided by a selection process. ' Transitional Article.-The greatest expenditure that the implementation of this law represents during the present year, will be financed from the reallocations of the budget heading Ministry of Health. Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, June 20, 2008.-MICHELLE BACHELET, President of the Republic.-Maria Soledad Barria Iroumé, Minister of Health.-Andrés Velasco Branes, Minister of Finance. What I transcribe for your knowledge.-Salutes intently to Ud., Jeanette Vega Morales, Undersecretary of Public Health. CONSTITUTIONAL COURT BILL AMENDING LAW NO. 20,209 AND OTHER LEGAL BODIES IN RESPECT OF BONUSES AND PROMOTION RULES APPLICABLE TO HEALTH PERSONNEL WHO PERFORM IN THE SERVICES INDICATED The Registrar of the Court Constitutional, who subscribes to certify that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order to have this Court exercise the control of constitutionality with respect to the Article 1, No. 2 and 3, and 2nd of the same; role No. 1059-08-CPR, and that by judgment of May 29, 2008. I declare: 1. That articles 1, 3, and 2 of the draft submitted are constitutional. 2. That it is not up to this Court to rule on article 1, No. 2, of the draft submitted, for dealing with a matter that is not itself an organic constitutional law. Santiago, June 2, 2008.-Rafael Larraín Cruz, Secretary.