GRANTS A SPECIAL IMPROVEMENT OF REMUNERATION FOR EDUCATION PROFESSIONALS WHO POINTS OUT, having regard to the fact that the National Congress has given its |! |approval to the following P r o y e c t o d e l e y: " Article 1. 1997, the minimum time values laid down in Article 5 of Law No 19,070, in force on 31 January 1997, will be $4,259.-, for prebasic, basic and special education, and $4,483. Scientific-humanist and technical-professional education. Article 2.-From 1 February 1998, the values of the hours mentioned in the previous article, which are in force on 31 January 1998, will increase by $236.-and $249.-, respectively, an increase that will operate independently of the adjustments. (a) general remuneration to be established for the public sector or for increases experienced by the educational grant unit (USE) under special laws. Article 3.-As of 1 February 1997, the education professionals referred to in the first paragraph of Article 7 of Law No 19,410 shall have a total remuneration which may not be less than $269,867.-monthly, for whom have a 44-hour weekly designation or contract. This value shall be applied in proportion to the hours laid down in the respective designations or contracts, if they are less than 44. As of February 1, 1998, the value set in the previous paragraph will be $309,907. For the purposes of applying this law, they shall be deemed to constitute total remuneration for the consideration in money to be paid by the education professionals of their employees, including those established by this legal body. However, they shall not be considered for the calculation of the total remuneration referred to in the preceding points of this article, the difficult performance assignments of Law No 19.070, the excellence bonus of Article 15 of the Law No. 19,410, nor the remuneration for overtime, both for the education professionals who perform in educational establishments in the municipal sector and for the subsidized private sector. Article 4.-The professionals of the education of establishments dependent on the municipal sector, of the establishments of technical-professional education that the Ministry of Education has delivered in administration to institutions of the field public or legal persons governed by private law, in accordance with Decree Law No 3,166 of 1980, and of the subsidized private sector which have a total remuneration of less than the amounts referred to in the previous Article, shall be entitled to perceive the difference as an additional template for reaching the quantities indicated. This supplementary plan will have the taxable and taxable character and will be absorbed with future adjustments and other increases in remuneration. Likewise, this supplementary plant will be absorbed by the one established in Article 9º of Law No. 19,410. Article 5.-From 1 February 1997, the |! |monthly unit value of the grant per pupil for |! |each level and modality of teaching, to which they refer |! |the articles 9th and 9th bis of the decree with force of law |! | No. 2, of the Ministry of Education, from 1996, is |! |increase with the grant values expressed in |! |educational grant units (USE), which a |! Below are indicated: Level and modality of teaching Value grant that imparts the establishment in USE Parvularia education (2nd level of transition) 0.0780 Basic General Education (1st, 2nd, 3rd, 4th, 5th and 6th) 0.0781 Basic General Education (7th and 8th) 0.0851 Basic General Education Adult 0.0574 Special Basic Basic Special Education 0.2593 Scientific Media Education 0.0950 Agricultural and Maritime Professional Technical Education 0.1420 Vocational Technical Vocational Education 0.1103 Vocational Education Technical Professional and Technical Education 0.0987 Scientific and Technical Educational Media Education for Adults (With at least 20 and no more than 25 weekly in-person Classes) 0.0654 Scientific and Technical Education Media Adults (With at least 26 hours in-person weekly classes) 0.0797 New values resulting from the grant per |! |pupil, expressed in educational grant units |! | (USE), will be determined by decree of the Ministry |! Education, also subscribed by the Minister of |! | Finance. As of 1 February 1998, the value |! |unit monthly of the grant per pupil, to which it is |! |refer to articles 9º and 9º bis of the cited decree |! |with force of law, in force to 31 January 1998, is |! |increase with the values of the subsidy expressed |! |in educational grant units (USE) which a |! |continuation are indicated, divided by factor "1" plus |! |the percentage of general readjustment of salaries of the |! | Public Sector of December 1997 divided by one hundred, |! |if you have: Level and mode of teaching Value grant that imparts the establishment in USE Education Parvularia (2nd level of transition) 0.0734 Basic General Education (1st, 2nd, 3rd, 4th, 5th and 6th) 0.0736 Basic General Education (7th and 8th) 0.0802 General Education General Education 0.0540 Special Basic Basic Special Education 0.2443 Scientific Media Science 0.0895 Education Technical Technical Education Agricultural and Maritime Education 0.1338 Vocational Technical Education Industrial Professional 0.1039 Technical Professional and Technical Vocational Education 0.0929 Media Humanistic Education Scientific and Technical Adult Practitioner (With at least 20 and no more than 25 hours per week (a) 0.0616 in-person classes) 0.0616 Scientific and Technical Adult Vocational Education (With at least 26 hours in-person classes) 0.0751 The new values resulting from the grant per |! |pupil, expressed in units Educational grant |! | (USE), will be determined by decree of the Ministry |! |of Education, also subscribed by the Minister of |! | Hacienda. Article 6.-From February 1997 onwards, the technical-professional education establishments which the Ministry of Education has delivered in administration to public sector institutions, or to legal persons in private law, According to Decree Law No. 3.166, of 1980, they will receive a contribution per pupil, with the exclusive aim of increasing the salaries of the education professionals who perform in them, which will be equivalent to the amount in pesos representing the an increase in the values of the educational grant unit referred to in the first subparagraph of the Previous article, by craft branch. The number of pupils to be considered per establishment shall be calculated taking into account the annual number of the year immediately preceding the year of the contribution referred to in this Article, of all the establishments administering those institutions or institutions, multiplied by the average national average attendance rate of the same year, of the professional technical education establishments governed by the decree with force of law No. 2, of the Ministry of Education, of 1996. In addition, from February 1998, it will be given to the entities that administer the establishments referred to in the first indent of this article, a contribution per student that will be equivalent to the amount in pesos that represents the increase of the values of the educational grant, referred to in the third indent of the previous article, by branch of specialty and, with the same system established in the second indent of this article, for the determination of the number of students consider by establishment. The Ministry of Education shall establish internally the procedures for the delivery of the resources to the administrative entities referred to in this Article. These resources will be transferred through the Education Secretariat. The values to be determined in accordance with this Article, starting from 1 February 1997 and from 1 February 1998, shall increase the permanent amounts of the conventions concerned from 1 February 1998 to 1 February 1998. 1999, respectively. Article 7.-Education professionals who have all the requirements fulfilled to retire, who provide services in the educational establishments of the municipal sector administered directly by the municipalities or by the corporations referred to in Article 19 of Law No 19,070, and who for a period of six months counted from the 1st of the month following the date of publication of this law submit their application or file for retirement, pension or income for life in any pension scheme, in respect of the total number of hours they serve, they shall be entitled to a month of the last remuneration due for each year of services or a fraction exceeding six months provided to the respective municipality or municipal corporation, or the one who has agreed to any event with his employer, according to to the Labour Code, if the latter is greater. Once the employer's employee has been fully treated and notified of the decree or resolution granting any of the aforementioned benefits, the latter will give effect to the administrative act that puts an end to the employment relationship and order the payment of the compensation referred to in the preceding paragraph. However, the term of the employment relationship will only occur when the employer makes all the compensation available to them at the disposal of the education professionals to whom this article has been applied. Also, during the same period of six months, the employer of the municipal sector may put an end to the (a) the employment of an education professional, if he/she has all the requirements for retirement, in which case he/she shall be entitled to receive the same allowance as indicated in the first subparagraph. In such a case, the employer must first require the corresponding pension institution to certify that the requirements for retirement, pension or life income are met. The term of the employment relationship shall take place in the act in which the total of the compensation corresponding to the education professional is made available to the education professional. For education professionals who are imposing pension fund managers and who have the requirements to obtain an early retirement pension or pension, they will only be able to apply the term of the employment relationship of the in accordance with the preceding paragraph and during the period which it points out, where the agreement of the affected party exists. If the education professional comes from another municipality or corporation, without a continuity solution, he shall have the right to be considered as such in such institutions. This allowance shall not be taxable or shall constitute an income for any legal effect, except for conventional indemnities agreed to any event in accordance with the Labour Code. It shall also apply to them as laid down in Article 74 of Law No 19,070. The compensation provided for in this Article shall be incompatible with any other than for the term of employment relationship or for years of service in the sector, which may be the responsibility of the education professional, irrespective of their origin and whose payment is paid by the employer. In any event, the compensation for which you opt must be paid to the professional concerned. Article 8.-Education professionals who, for a period of six months from 1 of the month following the date of publication of this law, submit their application or retirement file in their capacity as the Institute's Pension rules and whose pensions are determined on the basis of the last thirty-six remuneration, they shall be entitled to be calculated in the following form: they shall be considered as the last thirty-six Taxable remuneration actually received up to 28 February 1997 and those for the first 12 months They will be replaced by the last 12 actually received until 28 February 1997. Article 9º.-Those municipalities or corporations that do not have immediate financial availability to pay full compensation for the application of this law, may request, for these purposes, advances of the grant referred to in Articles 9º or 9º bis of the decree with force of law No 2, of Education, of 1996, as appropriate. The maximum amount of the advance shall not exceed the total amount of the compensation to be paid and the reimbursement of the anticipated resources shall be made from the month following its receipt, in equal, monthly and successive instalments, which shall be shall be deducted from the education grant referred to in this Article. These monthly discounts may not exceed, as a whole for the same holder, 3% of the amount of the subsidy which was received in February 1997, until the payment of the advance total is completed. The amount of the advance requested, the value and the number of monthly instalments in which it shall be returned shall be fixed by the Minister of Education, which shall be returned by the Minister of Education, which shall be returned by the Ministry of Finance. Twenty-four or more than thirty-six months. However, the municipalities or corporations may request the Ministry that the repayment of the advance granted to them may be effected within a period of less than the minimum indicated. Article 10.-Substitute, to count from 1 February 1997, in the fourth indent of Article 12 of the decree with force of law No 2, of the Ministry of Education, of 1996, the sentence: " will receive a total monthly grant of 36 USE, plus the increase referred to in Article 11, not having regard to Article 9 and the first indent of this Article ", by way of prayer:" they shall receive a minimum grant of 40 units of educational grant (USE) plus the increase referred to in the Article 11 ". On 1 February 1998, this value shall be replaced by '42 units of educational grant (USE)'. Article 11.-The highest fiscal expenditure representing the application of this law for the year 1997 will be financed from item 50-01-03-25-33.104, from the budget item Treasury, and from the budget of the Ministry of Education. Article 12.-The salary increase under this law shall be collected by teachers, and for the purposes of their payment shall be retroactive to the month of February of this year, in no case may it be considered within the basis of calculation the "last accrued remuneration" or "last remuneration" referred to in the first points of the 7th and 9th transitional articles of Law No 19,410, respectively. Transitional Article.-In order to ensure the normal continuity of school activities, if the term of the employment relationship referred to in the second indent of Article 7 of this Law, occurs before 31 December 1997, the The employer may designate the education professional who is in such a situation, as a contract, for a period not exceeding the term of the current school year and up to the total of the hours it served. The application of this Article shall not mean any variation in the amounts of the compensation and the retirement, pension or lifetime income determined by virtue of the provisions of Articles 7 and 8 of this Law, respectively. The provisions of Article 74 of the decree with force of law No 1, of the Ministry of Education, of 1996, shall not apply in respect of the contracts referred to in this Article. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and as I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 28 May 1997.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-José Pablo Arellano Marin, Minister of Education.-Eduardo Aninat Ureta, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Pérez de Arce Araya, Assistant Secretary of Education Constitutional Court Bill that gives a special improvement of salaries for the professionals of the education that he points out. 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 Court would exercise control over the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance did not have the right to vote on the matters that are not their own constitutional organic law. Santiago, May 22, 1997.-Rafael Larraín Cruz, Secretary.