Amends Act No. 19.531, And Granted Benefits Which Indicates To The Staff Of The Judiciary, The Judicial Academy And The Corporación N Administrative Of The Judiciary

Original Language Title: MODIFICA LA LEY Nº 19.531, Y CONCEDE BENEFICIOS QUE INDICA AL PERSONAL DEL PODER JUDICIAL, DE LA ACADEMIA JUDICIAL Y DE LA CORPORACIÓN ADMINISTRATIVA DEL PODER JUDICIAL

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"(Artículo 1º.-Introdúcense las siguientes modificaciones a la ley Nº 19.531: 1) incorporated the following article 2 bis, new:" article 2 bis.-established, effective April 1, 2007, a bonus of leveling to officials of the Supreme Court, belonging to levels I and II of the scale of the personnel top of power, equivalent to amounts that allow them to reach the mensualizada gross remuneration of permanent nature of a Minister of State. ' " The amounts to pay monthly for this bond shall be fixed by decree which shall adopt every year the Ministry of Justice, issued under the formula "by order of the President of the Republic", which also will be signed by the Minister of finance.
The amounts received by the concept of leveling bonus will not have the character of taxable nor will serve as a basis for the calculation of any other remuneration. "."

(2) replace the article 4th, by the following: "article 4.-establish, effective January 1, 2008, a bonus of modernization for the personnel grades III XI of the ladder from the top of the judiciary staff, the ranks of advisers and employees of the judiciary, the Judicial Academy and the administrative Corporation of the judiciary" with increases, modalities and percentages that are indicated in the following articles.
The bonus of modernization will contain the following elements: to) a component base, 9%;
((b) increase institutional performance, up to 7%, according to the article 4 bis, and c) increased by collective performance, up to 6%, depending on what the article expresses 4th ter.
The amount of this bond shall be determined by applying the percentages indicated above on the sum of the salary base, judicial assignment and the professional assignment, in his case, perceived by every officer to whom corresponds the benefit, during the respective period.
The base component will be paid monthly. By institutional and collective performance increases will be paid quarterly, in four installments, in the months of March, June, September and December of each year. The amount to be paid on each share will be equivalent to the value accumulated in the respective quarter, as a result of the monthly application of such increases.
Shall not be entitled to receive the increases referred to in the literal b) and c) precedent, officials who are skilled in conditional or poor list, or those who have not provided effective services in the judiciary, the Judicial Academy or the administrative Corporation of the Judicial power for at least six months during the year preceding payment of the same, with the sole exception of the periods related to medical licenses by occupational accidents referred to in Act Nº 16.744, including coffee breaks provided for in the articles 195 and 196 of the labour code.
However, staff who matches increases by institutional performance and collective performance that leave services before completing the respective quarter, will be entitled to these increases are paid in proportion to the full months actually worked.
Amounts received by the concept of the modernization bond not will serve as a basis for the calculation of any other compensation. They will have the character of taxable and taxable for purposes of health and welfare. Determine taxes and impositions that are affects increases by institutional and collective performance, its amount will be distributed in the months covering the period that corresponds to the cuocientes will be added to the respective monthly remuneration. However, impositions shall be deducted from the part, in addition to the respective monthly remuneration, not to exceed the maximum limit of taxation. "."

(3) Agreganse the following articles 4 bis and 4 ter, new: "article 4 ° bis.-institutional performance increase will be granted in relation to the execution of annual goals of institutional efficiency. Their degree of compliance will be measured by performance indicators or other instruments of a similar nature.
For purposes of this law, institution means the organizational units of the Judicial power which may be applicable common efficiency targets, the administrative Corporation of the judiciary and the Judicial Academy.
The achievement of the targets of the previous year institutional efficiency, shall entitle the officials designated in article 4, to an increase of 7% of the sum of the remuneration referred to in the third of the referred Article paragraph, provided that the institution has reached a degree of compliance with equal to or greater than 90% of annual efficiency targets to which it has committed. If the degree of compliance with equal or greater than 75% and less than 90%, the percentage of this increase will be 3.5%. All less than 75 per cent compliance will not give right to any increase.
A regulation, which will be approved by Supreme Decree emanated from the Ministry of Justice, and, in addition, signed by the Minister of finance, will establish the criteria to determine: the institutions; the mechanisms of control and evaluation of the efficiency targets; the way to measure and weigh the various elements or indicators to consider; the way of determining different percentages of this increase; the procedures and timetable of development, setting and evaluation of the goals of efficiency to achieve; the mechanisms of participation of staff and their professional associations, and all other standard necessary for the adequate provision of this benefit. The enactment of this regulation, the authority will take knowledge of the opinion of the interinstitutional problem-solving Committee.
The interinstitutional problem-solving Commission referred to in article 5 °, shall annually, on the basis of the proposals made by each institution through the technical secretariat, the goals of institutional efficiency for each of them, which will specify goals of management and quality of services provided to users. These goals should be based on program framework which shall approve annually the resolutory inter-agency Commission.
An external evaluation entity, hired for the purpose, according to the procedures mentioned in article 5 ° bis, shall designate the degree of achievement of the goals of institutional efficiency that each institution has effectively reached annually.
Article 4 ter.-the increase for collective performance referred to in point (c)) article 4º, shall be granted to officials who play in teams, units or areas of work, in relation to the degree of fulfilment of the annual targets for each of them, which entitle staff members who compose it, from January 1, 2008 to perceive an increase of 6% of the amount of remuneration referred to in the third subparagraph of article 4, where the level of achievement of the goals of collective performance preset, is equal to or greater than 90%, and 3%, if such compliance is equal or greater than 75% and less than 90%. All less than 75 per cent compliance will not give right to any increase.
A regulation of the Ministry of Justice, signed, in addition, by the Minister of finance, will establish the form of annually defined: the equipment, units or areas of work taking into consideration parameters functional or territorial; the distribution of the surplus generated by the units that have not reached the level of compliance referred to in the preceding subsection between the groups, units or areas that have exceeded it; the mechanisms of control and evaluation of annual performance by team, unit or area goals; How to measure and weigh the respective indicators that will measure the achievement of the goals; the way of determining the percentages of this increase; the way to determine it on officials who change units or areas of work; the procedures and timetable of development, setting and evaluation of the annual collective performance targets; the mechanisms of participation of staff and their professional associations, and all other required legislation to grant this benefit. For the enactment of this regulation, the authority shall take knowledge of the opinion of the interinstitutional problem-solving Committee. "."

(4) replace the article 5th, by the following: "article 5.-There will be a resolution Interinstitutional Commission establish annually, with their corresponding indicators, weights and verification mechanisms, institutional efficiency goals and the goals of performance group for each of the teams, units or areas of work."
The Commission shall be made by a Minister of the Supreme Court, the Minister of Justice or the official whom he designated, Finance Minister or the official to whom designated by him, and two representatives of associations guilds the power Judicial which, according to their number of members, possess greater representativity. It will act as technical secretariat of this Committee the Administrative Director of the Corporation administrative of the power Judicial. In the exercise of this function, the Administrative Director of the Corporation administrative of the power Judicial will receive and transmit the Resolutive Commission interinstitutional technical opinion which, on matters within its competence, formulate the remaining associations of the Judicial Branch of national representatives.
Interinstitutional Resolutive Commission shall, without prejudice to what set the above-mentioned regulations, the following functions: to) make the compliance framework programme whereby institutions propose their goals of institutional efficiency for the following year, specifying the goals of management and quality of services provided to users, as well as compliance with the agreements and deadlines which of that process.
The goals of institutional efficiency, defined for the following year, should be endorsed at an annual agreement that will subscribe, with each institution, the Minister of Justice and the Minister of finance together with the remaining representatives of the resolutory Interinstitutional Commission, later than December 31 of each year.
(b) define the goals of performance group for each of the teams, units or relevant and relevant work areas with their corresponding indicators, weights and verification mechanisms for each team, unit or area of work.
The goals and their indicators must be linked to the definitions of institutional mission, strategic objectives and relevant products from the judiciary, and be consistent with the goals committed to increase institutional performance referred to in article 4 bis.
Such goals will be established, together with the equipment, units or areas, in a performance agreement that subscribe, with each institution, the Minister of Justice and the Minister of finance together with the remaining representatives of the resolutory Interinstitutional Commission, in the last quarter of each year.
(c) define annually the institutions and the criteria to define the teams, units or areas of work, taking into account local, organic, or functional parameters, or the combination of them.
Each team, unit or area of work must be carried out by an official responsible for the direction of the achievement of the targets, which will be verified by the evaluating external entity referred to in the following article.
(d) the agreements adopted by the Commission, with regard to the formulation, evaluation and monitoring of the goals of institutional efficiency and the performance targets for each of the teams, units or areas of work, collective shall be approved by the four fifths of its members.
These will have the operative and obligatory character and will be sent to the Supreme Court so that, as well as administrative acts that are necessary for the fulfilment of the preceding paragraphs, they are formalised through auto agreed the full Court.
The interinstitutional problem-solving Committee may be convened at the session by the Minister of the Honourable Supreme Court that integrates it, the Minister of Justice, the Minister of finance and any of the Presidents of the associations Union of the power Judicial that compose it, to address matters related to the implementation of institutional performance and collective performance increases to refer articles 4 bis and 4 ter. Also, during the phases of formulation and evaluation of the goals of efficiency, can be convened at the request of any of its members. "."

(5) add the following article 5 bis, new: "article 5 bis.-There will be an evaluation entity from external source which will function perform the evaluation processes of the institutional efficiency targets and the performance targets for each of the teams, units or areas of work, on the basis of the reports relating to the degree of compliance with the institutional goals and collective performance to develop institutions and units or teams responsible for collective" of work, respectively, which shall be weighted in accordance with the methodological criteria that determine the regulations referred articles 4 bis and 4 ter preceding.
Exceptionally, and to the event that there are no providers entities to carry out the evaluation process, it can develop by a natural person appointed in accordance with the procedure laid down in the fourth paragraph of this article.
Of this assessment you can claim Commission interinstitutional problem-solving, and appeal to the Supreme Court in the case of rejection of the latter, all in accordance to the procedure governing the effect the regulations referred articles 4 bis and 4 ter.
That evaluation entity will be selected, previous tender and convened by the Council Superior of the Corporation administrative of the judiciary, by the interinstitutional problem-solving Committee. For these purposes, the respective funds in the annual budget of the administrative Corporation of the judiciary will be incorporated. "."

(6) add the following article 5 ter, new: "article 5 º ter-staff receiving the bonus of modernization will be entitled to a non-taxable bonus intended to offset deductions in respect of contributions for pensions and health that the bonus of modernization, the amount of which is the result of applying the following percentages on the value of the bond is fond (, as the system or affiliation of worker social security regime: to) 20.5% for affiliates to the system of the Decree Law No. 3,500 of 1980.
(b) 25.62% for affiliates to the general regime of former national public employees and journalists, public employees section box.
((c) 21.62% for members the pension regime of the former national case of public employees and journalists, with reduction of impositions of the letter a) of article 14 of the decree with force of law No. 1.340 bis, 1930.
For staff member of a system or different from the designated pension regime, such bonus will be equal to the sum of contributions for health care and pensions, with respect to the referral bonus, appropriate you make to the worker. This compensatory bonus shall be calculated in accordance with the limits of taxation established by the legislation in force and the provisions of the preceding paragraph. "."