Amends Act No. 19.070 On Status Of Professionals In Education, The Decree With Force Of Law N ° 5, 1993, The Ministry Of Education, Grants To Educational Establishments, And Provides Benefits Pointing

Original Language Title: MODIFICA LA LEY N° 19.070, SOBRE ESTATUTO DE PROFESIONALES DE LA EDUCACION, EL DECRETO CON FUERZA DE LEY N° 5, DE 1993, DEL MINISTERIO DE EDUCACION, SOBRE SUBVENCIONES A ESTABLECIMIENTOS EDUCACIONALES, Y OTORGA BENEFICIOS QUE SEÑALA

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Article 1.-Introducense the following |! |" amendments to the law No. 19.070: 1-replace first paragraph of article 4 |! | by the following: ' without prejudice to the above disabilities on the |! | " Constitution and the law, may not exercise work |! | teachers who are convicted of any of the |! | crimes provided for in Act No. 19.366 and the |! | paragraphs 1, 4, 5, 6 and 8 of title VII and paragraphs |! | 1 and 2 of title VIII of the second book of the code |! | Criminal. "."

2. Add the following second paragraph to the |! | Article 5: "employment means charge to meet a |! |" function of those mentioned in articles 6 to 8 degrees |! | following, the professionals of the education of the |! | municipal sector, governed by title III, made of |! | According to the rules of this law. "."

3. Add, in the first paragraph of article 19, |! | continuation of the "municipal", the next word |! | phrase: "integrating the respective teaching Endowment".

4. replace article 20, by the following: "article 20.-the entry of professionals from |! |" the teaching career of the municipal sector education |! | will be made by the incorporation into its Endowment |! | teaching.

The total number means teacher staffing of |! | education professionals that serve functions of |! | teaching, teaching directors and technical - pedagogical, which |! | requires the operation of establishments |! | education of the municipal sector of a commune, |! | expressed in chronological hours of work a week, |! | including those who play leadership roles and |! | technical - pedagogical bodies of |! | educational administration in this sector. "."

5 replace, in paragraph first item |! | 21, the phrase "each establishment will be set in the month |! |" in November of each year"by the following:" the |! | " schools in each commune, |! | including those who play charges and hours |! | managers and tecnico-pedagogicos in organisms of |! | educational management of the sector, will be set to more |! | 15 November of the year preceding that in |! | to begin to govern, once approved annual Plan of |! | Municipal education by the Council development |! | Municipal, "."

6 article 22, replaced by the following: ' article 22.-the municipality or corporation that |! | " fixed the teaching provision of each commune, should be |! | the adjustments which may be applicable for any of the |! | following grounds: 1. variation in the number of students of the sector |! | municipal of a commune;
2 curricular changes;
3. changes in the type of education that is taught;
4. merger of educational establishments, and |! | 5. reorganization of the entity of administration |! | educational.

Any variation of the teaching provided a |! | commune, governed from the beginning of the school year |! | following.

All of these grounds for fixing or |! | adaptation of the teaching provision should be |! | based on the Educational Development Plan |! | Municipal. In any case, the modifications to the |! | teaching provision carried out according to the |! | numbers 1 to 4 must be based on reasons of |! | technical - pedagogical. "."

7 replacements in the second paragraph of the article |! | 23, the following phrases by which are indicated: "within the period of 10 working days", by "inside |! |" of the period of 15 working days"; ""staffed"by |! |" necessary education professionals, hours |! | chronological work weekly", and"(en la letra b) |! | " of article 5 of the decree with force of law No. 2, of |! | Education, 1989,"by"(en la letra b) 6th item |! | " of the decree with force of law No. 5 of the Ministry of |! | Education, 1993, "."

8 Introducense the following modifications to the |! | (artículo 24: a) replace the heading of its subsection |! | First, by the following: "to join the sector manning |! |" municipal will need to comply with the following |! | requirements: "."
"(b) replaced in his final paragraph the expression |! |" Enter"by the word"merge"and deleted the |! | phrase "an establishment".

9 replace the first and second subparagraphs |! | of article 25, the expression "enter" by the |! | terms "incorporated".

10 article 26, replaced by the following: ' article 26.-the number of hours corresponding |! | " teachers hired in the same as |! | Educational Corporation, or municipality may not |! | exceed 20% of the total hours of the endowment of the |! | same, unless in the commune there is no sufficient |! | teachers who can be integrated into quality of |! | holders, by reason of having failed applicants |! | to the respective competitions, or existing, no |! | they have fulfilled the requirements on the bases |! | of the same.
Freelance teachers may not perform |! | educational roles. "."

"11 replacements in article 27 expressions |! |" The entry"by the words"The incorporation".

12 amending article 28 of the next |! | "(manera: a) replaced the word"April"by the expression |! |" January".

(b) add the following second paragraph: "calls for nationwide will be |! |" communicated prior to departments |! | Provincial education having jurisdiction in the |! | respective communes, in advance, a least |! | 30 days at the end of the contest. "."

13. added, after article 28, the |! | following article 28 bis: "article 28 bis-professionals of the |! |" education shall be appointed or employed for the |! | performance of their duties through the enactment of a |! | Decree mayoral or a contract of employment, according to |! | appropriate, documents that contain, at least, the |! | following specifications:-name of employer: municipality or Corporation;
-Name and tax professional education;
-Date of entry of the professional education to the municipality or Corporation;
-Type of functions, according to title II of this law;
-Number of chronological hours a week to play;
-Working day;
-Level or form of education, where appropriate, and - quality of the designation and period of validity, if |! | case of contracts. "."

14 article 29, replace by the following: ' article 29.-each commune will establish |! | " annually commissions ratings of contests for |! | (each of the following functions: to) teaching managerial and technical - pedagogical.

(b) high school teacher.

(c) teaching of basic education and pre - basic. "."

15 Introducense the following modifications to the |! | ((artículo 30: a) Reemplazanse its letters b), c) by the |! | following: "b) the Director of the establishment corresponding |! |" the sinking vacancy.

(c) a teacher chosen by lot among the peers of |! | the specialty of the vacancy to fill. "."

(b) eliminate your final paragraph.

In article 31, the following 16 Agreganse |! | subsections second, third and fourth: "vacancies of Directors of establishments |! |" education will be provided through public tender |! | background. It will be up to the Committee |! | Contests ratings referred to the |! | articles 29 and 30, analyze the presented background |! | by applicants and issuing a founded report that |! | detail score weighted each, above |! | the basis of which the Mayor will solve.

Appointment or contract of such directors |! | It will be valid for five years, at the end of the |! | which must be a new contest, allowing |! | apply the exercise Director.

The Director having postulated miss the |! | contest, will be able to play in any of the |! | functions referred to in article 5 of this law, in |! | educational establishments in the same municipality |! | or Corporation, and may be appointed or recruited up to |! | with the same number of hours that served on it before |! | exert the function of Director, without the need of |! | contest. If this is not possible, given the staffing |! | existing, shall be entitled to the benefits established in |! | the third subparagraph of article 52 bis of this law. "."

17 replace the second paragraph of article 32, |! | by the following: "the rating of competitions, prior commitments |! |" analysis of the related background with the |! | excellence in job performance, consideration |! | the years of services, by assigning a greater |! | weighting to the held in basic schools |! | breakfast, at least three years and the |! | perfecting accumulated, will issue a founded report |! | that detail a score weighted by each applicant. |!| In addition, during the development and resolution of |! | contests must be considered always standards of |! | transparency, impartiality and objectivity, which are |! | indicated in the regulations under this law. "."

18 article 33 replaced by the following: ' article 33.-the heads of the departments of |! | " Municipal Education Administration, whatever its |! | designation, shall be appointed by means of a tender |! | public background. To this effect, settle |! | a Committee rating of competitions, which will be |! | composed of three senior officials |! | of the municipality. The Mayor will solve the contest |! | on the basis of a list proposed by the said Commission.

The appointment of these bosses will be valid |! | for five years, at the end of which you will need |! | make a new contest, and can apply the head in |! | exercise.
These Headquarters shall be exercised by a professional |! | with an academic degree in the area of education and in |! | the event that no professional with these |! | features expresses interest, may be |! | exercised by other professional education. "."

"19 Reemplazanse article 34 words |! |" the charge"by the phrase" the hours and functions |! | " set forth in the decrees of appointment or contracts |! | "" work, as appropriate "and the word"he"by |! |" them".

20 replace article 36 with the following: "article 36.-education professionals are |! |" shall apply in respect of accidents in acts of service and |! | of diseases contracted in the performance of the |! | function, by the provisions of the law No. 16.744.
Without limiting the foregoing, municipalities or |! | Educational corporations may affiliate with your staff |! | to compensation and security mutual boxes. "."

21 Intercalanse, continuation of article 36, |! | following articles 36, 36 bis A and 36 bis B: "article 36 bis.-shall have the right to license |! |" medical, understood as the right that has the |! | education professional leave or reduce |! | his day's work for a certain period of time, with |! | order to assist the restoration of health, in |! | a certified professional prescription compliance |! | by a physician, dental surgeon or midwife, |! | as appropriate, authorized by the competent service |! | of health or health insurance institution, where appropriate. |!| During his term the professional education |! | It shall continue to enjoy all of their wages.

Article 36 bis.-the mutual security |! | they pay to municipalities or corporations |! | municipal employers a sum equivalent to the total |! | the subsidy that has corresponded to the |! | officials governed by this law, in accordance with |! | the norms of the decree with force of law No. 44, de |! | 1978, the Ministry of labour and Social Welfare, |! | where there are conventions concluded in this respect between |! | the designated institutions.

Article 36 bis B-professionals of the |! | education may request permission to be absent from |! | their work for particular reasons up to six days |! | working in the calendar year, with enjoyment of |! | remuneration. These permissions may be split by |! | days or half-days will be granted or denied by the |! | Director of the establishment.

Likewise, the education professionals may |! | request permissions, without pay, by |! | specific reasons for six months in each year |! | calendar and up to two years to stay in the |! | overseas.

When the permission requested is to perform |! | studies of post - title or post - grade, this can |! | extended, for only once, up to twice of the |! | time indicated in the preceding paragraph.

For the purposes of the application of article 43 |! | of this law, shall not be deemed the time during which |! | professional education made use of permit |! | without compensation, except that accredits to his |! | employer who has played professional functions |! | defined in article 5 of this law, or has done |! | studies of post - title or post - grade. "."

22 amending article 37 in the next |! | "(términos: a) added, between the words"education"and |! |" It will be", the following sentence:" that perform in |! | " educational establishments".
(b) replace the final sentence by the following: "during this interruption may be summoned |! |" for development activities or other |! | having the character of classroom teaching, even by |! | a period of three consecutive weeks. "."

23 replace the subparagraph first of article 38 |! | by the following: "education professionals may be |! |" object of destinations to other establishments |! | educational employees of a Department of |! | Administration of Municipal education or the same |! | Corporation educational, as appropriate, to request |! | you or as a result of fixation or fitness |! | annual endowment, in accordance to the |! | Article 22 and the Municipal Educational Development Plan, |! | without that mean detriment in their employment situation and |! | Professional. However, if the destination |! | they deem that it has caused them prejudice, may |! | claim it in accordance with the procedure of the subsection |! | third of article 12 of the labour code, without |! | damage that can exercise their right to claim before |! | the Office of the Comptroller-General or address |! | the work, as appropriate, without implying |! | paralyze destination. "."

24 be added following article 38 bis: "article 38 bis.-the municipalities may |! |" establish agreements that allow professionals |! | education can be used to provide their |! | services in other municipalities. In this case their |! | remuneration shall be paid by the municipality where |! | provide their services effectively.

Destinations referred to in subsection |! | above shall require the agreement of the |! | education professionals and may have a |! | one teaching job year, at the end of which, |! | they may be renewed only once for a period |! | similar. This destination will not mean loss of |! | ownership in teaching endowment of the municipality of |! | origin. These professionals will have preference in the |! | contests which convene the municipality where |! | have effectively rendered service during those |! | periods.

The number of chronological hours |! | weekly for professionals of the |! | education who are fulfilling a destination |! | pursuant to this article shall be |! | posted in teaching endowment of the municipality to the |! | which have been assigned, while supplies last their |! | committed. "."

25 article 42 replaced by the following: ' article 42.-education professionals |! | " the municipal sector will enjoy the following |! | assignments: experience, perfection, de |! | performance in difficult conditions and liability |! | managerial and technical - pedagogical.

In addition, municipalities may establish |! | increases in previous assignments and |! | Professional incentive special assignments, de |! | agreement with the factors that are determined in the |! | regulations which dictate each one of them.

Special incentive allocations |! | Professional will be awarded by grounds in the |! | merit, will have the character of temporary or permanent and |! | be established for some or all of the |! | professionals in education, one or more of the |! | establishments of the respective municipality.

In any case, these increments and allowances |! | special non-professional incentive may |! | financed by the Fund of resources |! | Complementary created by article 13 transitional de |! | This Act. "."

Disposed of 26 in the fourth subparagraph of article 45 |! | "the expression"annually"and replacements words |! |" Once a year"by the following:"every two years".

27 Introducense the following modifications to the |! | "(artículo 46: a) replace your subsection first expression |! |" the charges"for the word"functions".

(b) Reemplazanse in its subsection the following second |! | "expressions:"charges"for"functions"and |! |" "managers" and "tecnico-pedagogicos" by "directives" and |! | " Tecnico-pedagogicas".

28 be added following article 47 bis: "article 47 bis-professionals of the |! |" education who have retired and who are incorporated to |! | an educational endowment, not to apply the |! | Articles 43 and 44 regarding the previous served years |! | retirement. "."

29 Article 52 replaced by the following: ' article 52.-education professionals |! | " as part of a teaching staff of sector |! | municipal, will no longer belong to her, only, by |! | (the following grounds: to) by voluntary resignation;

(b) due to lack of probity, conduct immoral or |! | serious breach of the obligations imposed by its |! | function, irrefutably established in a summary, of |! | According to the procedure laid down in articles |! | 127 to 143 of the law No. 18.883, in whatever |! | relevant, considering the adjustments |! | regulations that apply;

(c) by the end of the period for which it was made |! | the contract;

(d) by obtaining retirement, pension or income |! | lifetime of a pension scheme, in relation to the |! | educational roles;

(e) by death;

(f) for list of demerit by two qualification |! | consecutive years;

(g) by health unrecoverable or incompatible with the |! | performance of its function in accordance with the provisions in |! | Law No. 18.883;

(h) by any impending loss of the |! | requirements for incorporation into a teaching staff, e |! |
i) by removal of the hours that serve, in |! | pursuant to article 22 of this |! | law.

The professionals of education ending |! | (una relación laboral por las causales de las letras a), |! | ((c), d), g) e i) deemed them its experience and its |! | improvement in subsequent competitions for |! | join other provision, or to return to the |! | same.
It will be just right for directors of |! | educational establishments, which by virtue of the |! | Article 31 of this law have completed their duties |! | as such, when they run in later competitions, to |! | corresponding to any employment of the |! | functions referred to in article 5. "."

30 Agreganse, continuation of article 52, the |! | following articles 52 bis and 52 bis A: "article 52 bis.-the Mayor of a municipality |! |" or the representative of a corporation which administers the |! | causal term of employment contemplated in |! | (la letra i) of the previous article, shall be based |! | mandatory in the Endowment approved in accordance |! | Article 22 of this law, based on the Plan |! | Annual Municipal educational development, using the |! | which has been resolved total excision of a number |! | set hours that may affect one or more |! | teachers.

To determine the professional education, |! | playing hours a subject or peer |! | level and speciality of teaching, which under |! | provisions of the preceding paragraph may need to le |! | ending your employment relationship, there must be in |! | first of all with those who have the quality of |! | hired and, if the above is not enough, with |! | holders having equal one |! | lower-rated.

If applied the previous priority rules not |! | education professionals may determine |! | which may need to you end your relationship |! | labour, will be offered the possibility to waive |! | voluntarily to those who perform inside of the |! | same subject, level or specialty required |! | decrease, with the right to receive the compensation |! | It is set in the fifth paragraph.

In case of absolute equality of all factors |! | referred to in the second paragraph and if not it pursues the |! | option referred to in the preceding paragraph, shall decide the |! | Mayor or the Manager of the respective Corporation, according to |! | appropriate.

Decree mayoral or resolution of the |! | Corporation shall be founded and notified to the |! | affected. Holders are entitled to a |! | compensation of charge by the employer, equivalent to the |! | total remuneration accrued in the past month |! | corresponding to the number of hours suppressed, by each |! | year of service in the respective municipality or |! | Corporation, or fraction exceeding six months, with a |! | more than once, or to any event that compensation |! | they have agreed with his employer in accordance with the code of the |! | Work, if the latter is greater. These |! | compensation shall not be taxable or constitute |! | income for any legal purpose, except with the agreement in |! | contrary to those agreed to all event. Yes the |! | education professional eliminated another |! | Municipality or Corporation without solution of continuity, |! | you will be entitled to deemed him all the time |! | served under these conditions.

While such compensation, as applicable, |! | unpaid, education professionals |! | affected will maintain their right to remuneration and |! | other benefits, both legal and contractual.

Article 52 bis A.-inside the 5 following years |! | the perception of compensation referred to in the |! | previous article, professional education than the |! | It has received, either in part or in full, will not be able |! | be incorporated into teaching the same staffing |! | Municipality or Corporation in quality of hired.

If a professional education that is flavored |! | in the above scenario postulates a contest in the |! | same municipality or corporation that paid the |! | compensation and it is chosen, you can opt for no |! | return received compensation if you accept that in your |! | Decree of designation or in your contract, according to |! | appropriate, expressly provided which in no case |! | be considered time served for that employer, |! | for the purposes of the eventual payment of a new |! | compensation, the same period of years which are |! | paid you the previous compensation computed from its |! | reinstatement; Alternatively, return it previously, |! | expressed in u.f. with more interest |! | current readjustable operations. "."

31 Agreganse below of article 52 bis |! | To, the following items: "article 52 bis B-the fact that professional |! |" education received partially or totally the |! | compensation referred to in article 52 bis, |! | It will import the causative, notwithstanding acceptance of |! | their right to claim the differences that it deems are le |! | they owed.

If professional education estimated that the |! | Municipality or the Corporation, as appropriate, not |! | He noted in his case, the conditions and requirements that are |! | They point out in the first and second subparagraphs of article 52 |! | bis of this law, incurring, therefore a |! | illegality, claims will be accepted for this reason before the |! | Court of competent work, within a period of |! | 60 days counted from notification of the cessation that le |! | It affects and request reinstatement in their functions. |!| If you invoked the claim, the judge will order the |! | reinstatement of the claimant.

Article 52 bis C.-the professionals of the |! | education that play a teaching role in quality |! | holders may waive the timesheet by |! | which are appointed or hired, according to |! | appropriate, retaining ownership of the remaining.

The law designated in the preceding subparagraph not be governed |! | When the reduction exceeding 50% of the hours |! | they play according to their appointment or contract. In |! | Anyway, the employer can refuse the resignation |! | When it affects the continuity of the educational service.

Partial renunciation of the ownership of hours, |! | It must be communicated to the employer at least with |! | thirty days prior to the date on which must |! | produce its effects, who will, if it authorizes it, to |! | modify the decrees mayoral or contracts, |! | as appropriate.

Article 52 bis d.-whether by application of article |! | 22 staffing is adequate and it represents a |! | partial excision of hours, professionals of the |! | character education holder affected, |! | they are entitled to receive partial compensation |! | proportional to the number of hours that leave play.

In this case, such reduction or partial excision |! | You can affect different education professionals |! | that play hours of subject or of a |! | same level or teaching specialty and which are |! | in the same or in different establishments, |! | When this is the result of the needs or |! | tecnico-pedagogicos requirements, which are |! | expressed in the adequacy of staffing and are |! | based on the annual Plan of educational development |! | Municipal.

However, equality of conditions of the |! | professionals in the education of a same |! | establishment and day, the partial reduction of hours |! | It will affect the Professional with a lower rating.

If the deletion in question exceeds 50% of |! | the hours of professional plays, it will have |! | right to relinquish the other, with the |! | compensation proportional to the latter dieren |! | place.

The amount of compensation and the requirements for |! | perceive it or refund it, where appropriate, they must be determined |! | in accordance with the provisions of articles 52 bis |! | and 52 bis A, in relation to the amount of the |! | wages for the hours that the |! | Education Professional is no longer serve. Also, Yes |! | the professional concerned considers that there was illegality to |! | its respect, claims will be accepted, according to the |! | procedure laid down in article 52 bis B. ". |! |"