ESTABLISHES RULES AND GRANTS INCREASE IN SALARIES |! | FOR NON-TEACHING STAFF OF ESTABLISHMENTS |! | EDUCATIONAL THAT INDICATES Having present that the H. National Congress has |! |given its approval to the following Bill: " Article 1 °.-Believe, a to count on 1 January 1996, a grant to increase the remuneration of the assistant staff in education. |! | This grant will be calculated in the terms of the |! |article 13, and with the increases of article 11 and |! |of the first paragraph of article 12, all of the decree |! |with force of law N ° 5, of the Ministry of Education, |! |of 1993. The grant to finance the increase noted in |! |the preceding paragraph will be expressed in the following |! |unit values: Parvulary Education, Basic and Average 0.0269 U.S.E. Special Basic Basic Education 0.0813 U.S.E. In the calculation to be refers to the first, is |! |will include the boarding grant, in the way that |! |annually is determined by a decree of the Ministry of |! | Education, with the signature of the Ministry of Finance. The grant will be delivered monthly to the |! |holders of the educational establishments |! |subsidized, both from the municipal sector and from the |! The amount that will be received will be allocated |! |fully to pay the assistant staff of the |! |education the increase of remuneration that results |! |of the application of the following articles. The infringement of the provisions of this article will be |! |considered serious for the purposes of article 36 |! |of the decree with force of law N ° 5, of the Ministry of |! | Education, of 1993. Article 2.-This law will apply to the education staff of the educational establishments administered directly by the municipalities, or by private non-profit corporations created by them to administer (a) municipal education, to that of the subsidized private education establishments and to the decree of Law No. 3.166, of 1980, which has a current contract and which performs at least one of the following functions: (a) Of a professional nature, which is that which the professionals do not affect the law N ° 19,070, for whose performance they must have a degree of a career of at least 8 semesters of duration, awarded by a university or institute (b) From the technical level, which is complementary to the educational work, aimed at developing, supporting and controlling the teaching-learning process, including the support tasks administrative procedures necessary for the administration and operation of the establishments. For the exercise of this function, they must have a medium licence and, where appropriate, a technical level diploma awarded by a technical-vocational education establishment or by an officially recognised higher education institution. (c) auxiliary services, which is the one that corresponds to the care, protection, maintenance and cleaning of the establishments, excluding those that require specific technical knowledge. For the performance of these functions, a medium education license must be provided. " It will also apply to assistant education personnel who serve in boarding schools administered directly by municipalities or private non-profit corporations created by them. Article 3 °.-Without prejudice to the inabilities |! |mentioned in the Constitution and in the law, they will not be able to |! |carry out work of education assistants the |! |condemned for any of the crimes contemplated in |! |the laws N ° s. 16.618, 19.325, 19.366 20.005 and 20.066 |! |and in paragraphs 1, 4, 5, 6 and 8 of Title VII and 1 |! |and 2 of Title VIII of the Second Book of the Criminal Code. Also, they will not be able to perform as assistants |! |of the education who do not credit suitability |! |psychological to perform that function, on the basis |! |of the report that must issue the Health Service |! |corresponding. Article 4 °.-The staff of education of educational establishments administered directly by the municipalities or by private non-profit corporations created by them, however governed by the Code of the Labor, will be affected in terms of permits and medical licenses, to the norms established in law N ° 18.883 and its remuneration will be readjusted in the same percentages and opportunities in which the remuneration of the public sector is adjusted, being the adjustment of the position of the employer. The municipalities or corporations may also affiliate this staff to the security compensation or mutual funds. Article 4 (a)-Education assistants have the right to work in a tolerant and mutual respect. Similarly, they have the right to respect their physical, psychological and moral integrity, and cannot be subjected to abuse, degrading treatment or psychological abuse by other members of the educational community; (i) the Commission's proposal for a Council Directive on the protection of the environment and the protection of the environment (-" point (a)). It will be particularly serious about all kinds of physical or psychological violence committed by any means, including technology and cyber, against education assistants. Article 5.-Assistant education staff shall have the right to participate in the training programmes established by municipalities or municipal corporations or to be formulated by the Ministry of Education, as well as corresponds to the programs to improve the quality and equity of the education of the latter (M.E.C.E.). Article 6.-However, the Labour Code, in relation to its right of association, will work, the assistant staff of the education of the educational establishments dependent on the departments of administration education, whatever the name, is subject to the provisions of Law No 19.296. Article 7 °.-The increase in salaries |! |established in the present law for the staff |! |education assistant who performs duties in the |! |educational establishments that depend on the |! |educational administration departments The |! |municipalities, whatever their denomination, will be |! |proportional to the working day and its monthly amount, |! |which must be determined in the month following the month of |! |publication of this law and in the months of January 1997, |! |January 1998, January of 1999, January 2000, January of the year 2001, January 2002, January 2002, January 2003, and |! |January of the year 2004, January 2005, January of the year |! | 2006, January 2008 and January 2016, will be |! |permanent for the respective annual period. To determine the monthly amount of the increase of |! |remunerations set forth in the previous paragraph, |! |educational establishments holders |! |will distribute the resources received by |! |procedures that consider the criteria indicated in the article. Article 8 °.-The increase in remuneration provided for in this law for the assistant staff of education and which is carried out in private establishments subsidized shall be financed in the form specified in Article 1. The payment of the respective subsidy shall be made by the holder or by establishment, as it is perceived. Article 9 °.-To be counted from 1 January 2017, |! |the subsidy referred to in Article 1 ° will pass to |! |increase, in the proportion corresponding, the |! |factors of the educational grant unit |! |mentioned in article 9 ° of the Decree with force of |! |law No. 5, of the Ministry of Education, 1993. Said |! |increase will be determined by supreme decree of the |! |same ministry, subscribed, in addition, by the Minister of |! | Hacienda. Article 10.-The establishments governed by Decree Law No 3,166, of 1980, will be entitled to receive a special contribution for the years 1996 and 1997, in order to finance an increase in the remuneration of their assistant education staff, the characteristics to which the assistant staff of the education is given in article 7 ° of this law. For these purposes, it shall be given to the corporations or foundations which administer the establishments referred to in the preceding subparagraph, a contribution per pupil equivalent to the grant provided for in Article 1, for the level of average education. The number of students to be considered per establishment will be calculated taking into account the annual enrolment in 1995 of all the establishments administered by these institutions, multiplied by the average national average of the the same year of the technical-professional education establishments governed by the decree with force of Law No. 5, of the Ministry of Education, 1993. Article 11. In order to provide the resources to comply with the provisions of the previous article, the Ministry of Education is empowered to amend the agreements signed with the corporations and foundations under the Decree Law No. 3.166, of 1980, to administer technical-professional education establishments. These resources will increase the permanent amounts in them, as of 1998. The Ministry of Education shall establish internally the procedures for the delivery of these resources to the respective corporations or foundations. Article 12.-Assistant education staff who perform in educational establishments, dependent on municipal education administration departments, whatever their denomination, and municipal corporations, which present conditions of rurality, isolation or in which the enrolment of students In the case of a low level, the population density of the area in which they are located will be low, they will be entitled to a special remuneration, from 1 January 1996 until 31 December 1997. For the purposes of financing the increase indicated, the municipalities and corporations that administer such establishments will be entitled to receive a special allowance, the amount of which will be determined by decree of the Ministry of Education, in addition to the Finance Minister. This decree will also indicate the municipalities and municipal corporations that will be entitled to it. Article 13.-The provisions of Article 75 of the Decree Law No. 1 of the Ministry of Labor and Social Welfare of 1994 shall also apply to the assistant education staff referred to in Article 2 of this Law. Article 14.-The assistant education staff who perform in the educational establishments dependent on private non-profit corporations, created by the municipalities to administer municipal education, will have the right to bargain collectively in accordance with the procedures and procedures laid down in Book IV of the Decree Law No. 1 of the Ministry of Labour and Social Welfare, 1994, in order to establish working conditions, employment and remuneration, which may be considered during the negotiation process, promotion outlined in the article ... of this law, of performance, experience, improvement and responsibility. For these purposes, the prohibition laid down in the third paragraph of Article 304 of the aforementioned decree with force of law shall not be governed. Article 15.-It is granted, within a period of 15 days, counted since the publication of this law, a supplementary grant to the educational grant which, in accordance with the provisions of the decree with force of law N ° 5, of the Ministry of Education, 1993, corresponds to the educational establishments of the municipal sector and the subsidized private establishments, the amount of which will be $76,000.-, for each worker who performs tasks not governed by law No 19,070 and which has a contract in force, at least, since 1 June 1995. These resources must be used by the holders of such establishments in the concession, for a single time, on the date indicated, of a bonus to their employees who meet the above conditions. Such a bonus shall not constitute income, remuneration or income for any legal effect and, consequently, shall not be taxable or taxable. It also granted to educational establishments governed by Decree Law No 3,166 of 1980, a contribution of the same amount, conditions and date of payment as the supplementary grant mentioned in the previous paragraph, in order to grant them, for a single time, equal bonus to its workers who have the same characteristics as those of the preceding paragraph. The Ministry of Education shall establish, internally, the procedures for the delivery of the resources to the holders or legal representatives of the aforementioned establishments, and to protect them from their application to the object indicated in the previous incites. These resources will be transferred through the Education Secretariat. Article 16.-The highest tax expense that represents the application of the rules of this law for the year 1996 will be financed under heading 09-20-01, Subsidy to Educational Facilities, Ministry of Education. The amount of the special allocation referred to in Article 12 shall be consulted for 1997 in the Budget Law of that year. Article 17-This law shall apply from the day of its publication, with the exception of Articles 1, 2, 7, 8, 10 and 12, which shall enter into force on 1 January 1996. Article 19.-Intercalase as a new fifth indent of Article 13 of Law No 19.296, passing the current one to be sixth, the following: " However, to apply the rules outlined in the preceding incissos to the assistant education staff who are In the case of the educational establishments dependent on the educational administration departments of the municipalities, whatever their name, the quorum referred to in this article shall be calculated exclusively in relationship with the workers who have such quality in each municipality. " Article 20.-The President of the Republic shall be empowered to fix, within 90 days, from the date of publication in the Official Journal of this Law, the consolidated, coordinated and systematized texts of Law No 19,070 and of the Decree with force of law N ° 5, of the Ministry of Education, of 1993, and of the rules that have modified and supplemented them. Transitional Article.-The requirements laid down in Article 2 of this Law for the exercise of the tasks of the service and ancillary services shall not apply to staff who are acting on the date of their publication. ' 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 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 Korea, Santiago, July 24, 1996.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Sergio Molina Silva, 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, Undersecretary of Education. CONSTITUTIONAL COURT Draft law that establishes rules and grants an increase in salaries for non-teaching staff of educational establishments that 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 exercised the control of constitutionality with respect to the article 7 °, and that by judgment of July 16, 1996, stated that the provisions contained in Article 7 of the draft submitted are unconstitutional, and should be removed from their text. Santiago, July 22, 1996.-Rafael Larraín Cruz, Secretary.