AMEND LAWS N ° S. 18.834 and 18.883 AND REPLACE SYSTEMS OF QUALIFICATION OF PUBLIC AND MUNICIPAL OFFICIALS Having regard to the fact that the H. National Congress has given its approval to the following: BILL OF LAW: "ARTICLE 1 °.-Substitute paragraph 3 °" (a) the qualification system shall be designed to assess the performance and aptitudes of each official, meeting the requirements and the requirements of the qualifications and the qualifications of each official; characteristics of his position, and will serve as a basis for the promotion, the stimuli and the elimination of the service. Article 28.-All officials, including staff members, must be qualified annually, in any of the following lists: List No. 1, of Distinction; List No. 2, Good, List No. 3, Conditional; List No. 4, of Elimination. The Head of the institution shall be personally responsible for the performance of this duty. Article 29.-The Superior Chief of the institution, his legal surrogacy, the members of the Central Qualifier Board and the staff delegates shall not be qualified, who shall retain the qualification of the previous year, where appropriate. However, if the delegate of the staff so requests, he/she will be qualified by his Chief Direct. Article 30.-The rating will be done by the Board of Qualifiers. In each institution there will be Regional Qualifying Boards that will make the qualifications of their officials when the number of these, in the region, is equal to or greater than fifteen. In the regions where the institution concerned has fewer than fifteen officials and in the Metropolitan Region of Santiago, the qualifications will be done by a Central Qualifier Board. It will also be responsible for evaluating the members of the Regional Qualifying Boards. The Regional Qualifying Boards shall be composed of the three highest ranking officials of the institution in the respective region and a representative of the staff elected by the latter. The Central Qualifying Board shall be composed, in each institution, by the five officials of the highest hierarchical level, with the exception of the Chief Superior, and by a representative of the staff elected by him. However, in the regional decentralized services there will be an integrated Qualifier in the form set out in the preceding paragraph. However, in the case of the Health Services, there will be a Board of Qualifiers in each of the hospitals that make up the Health Services. If more than one official exists at the relevant level, the Board shall be integrated in accordance with the order of seniority in the form set out in Article 46. The officials shall elect a representative representative and an alternate representative of the latter, who shall integrate the Qualifying Board in the event of the holder being prevented from exercising his duties. If the staff has not elected his representative, the oldest official shall act in that capacity. The Association of Officials with the highest representation of the respective Service or institution shall have the right to appoint a delegate who shall have the right to speak only. Article 31.-The Qualifying Board shall be presided over by the official of the highest hierarchical level who integrates it. In the event of an impediment to any member of the Board, the Board shall be composed of the official following the order referred to in the previous article. Article 32.-The rules of this paragraph shall serve as the basis for the dictates of the or the regulations of qualifications referred to in the first paragraph of Article 49 of Law No 18,575. Article 33.-The rating shall evaluate the twelve months of official performance from 1 September of one year to 31 August of the following year. Article 34.-The process of qualifications must be started on 1 September and end no later than 30 November of each year. Article 35.-Officials shall not be qualified who for any reason have effectively performed their duties for a period of less than six months, either on a continuous or discontinuous basis within the respective qualification period, in which they will retain the previous year's rating. Article 36. The Qualifying Board shall adopt its resolutions, taking into account, necessarily, the prequalification of the official made by its Chief Direct, which shall be constituted by the concepts, notes and antecedents which it shall have provide in writing. The records of merit or demerit that have been made within the annual period of qualifications shall be considered as a record in the life sheet to be taken by the office responsible for the staff for each official. The heads shall be responsible for the pre-qualifications which they carry out, as well as the qualification in the situation referred to in Article 29 (2). The way in which they carry out this process should be considered for the purposes of their own qualification. Basic elements of the rating system shall be the life sheet and the rating sheet. The infringement of an official obligation or duty to be established by virtue of an administrative summary or summary investigation may only be considered once in the official's qualifications. Article 37.-It is a credit score that is intended to record any action of the employee that involves a conduct or performance of an outstanding official. The merit notes shall include aspects such as the acquisition of a title or other special quality related to the service, where these are not specific requirements in his office, as well as the approval of courses of training which is related to the functions of the service, the performance of work for periods longer than that of the normal day, the performance of tasks that exceed their usual work and the execution of tasks of others officials when this is indispensable. The merit notes made to an official during the respective qualification period will constitute a favorable background for the selection of training courses to be chosen. Article 38.-It is a demerit record that is intended to record any action or omission of the employee that implies a conduct or performance that is reproachable. The demerit notes shall be deemed to be a manifest breach of duties, such as infringements of the instructions and orders of service and the failure to comply with prohibitions laid down in this legal body and the delays in the delivery of jobs. Article 39.-Annotations shall relate only to the period which are qualified, and shall be made by the unit responsible for the staff at the written request of the official Head of the official. The official may ask his Head to carry out the notes of merit which he considers to be from him. The official may also request that the demerit annotation be left without effect or that the mitigating circumstances in each case be recorded. The unit in charge of the staff shall be required to record in the life sheet of all the merit or demerit entries available to the Head of an official. Article 40.-If the Chief Executive rejects the official's requests, the reasons for his rejection must be kept on record, adding to the life sheet such requests. Article 41.-The agreements of the Board shall always be founded and shall be entered in the Proceedings of Qualifications which, as Minister of Faith, shall be carried by the Secretary of the Board, who shall be the Chief of Staff or who shall do his or her duties. The functions of the members of the Board shall be inselectable. Article 42.-The assessment factors and their weighting shall be laid down in the respective regulations referred to in Article 32. Article 43. The official shall have the right to appeal against the decision of the Board of Directors or of the Chief Executive in the situation provided for in the second paragraph of Article 29. This resource shall be known to the Deputy Secretary or the Head of the Service, as appropriate. The notification of the resolution of the Qualifying Board shall be made available to the employee by the Secretary of the Board or by the official whom the Board designates, who shall submit an authorized copy of the respective agreement of the Qualifier Board and require the signature of the person or to record his refusal to sign. In the same act or within the five-day period, the official may deduce appeal. In exceptional cases, qualified by the Board, the term of appeal may be up to ten days from the date of the notification. The appeal must be resolved within 15 days of its submission. When deciding on the appeal, the life sheet, the pre-qualification and the qualification must be kept in view. The score assigned by the Board of Qualifiers may be maintained or raised, but not to be lowered in any case. The time limits for the days referred to in this Article shall be business days. Article 44.-The judgment of the appeal shall be notified in the manner indicated in the previous article. The official may only claim directly from the Comptroller General of the Republic, in accordance with the provisions of Article 154 of this Statute. Article 45.-The official qualified by resolution executed in list 4 or for two consecutive years in list 3, shall withdraw from the service within 15 working days following the end of the qualification. If this is not the case, employment shall be declared vacant from the day following that date. It will be understood that the resolution will be executed since the deadline for claiming or since the resolution of the Comptroller General of the Republic that the complaint fails to be notified. If an official retains the List 3, pursuant to Article 35, shall not apply as set out in the preceding paragraph, unless the lack of qualification occurs in two consecutive periods. Article 46.-With the result of the executed qualifications, the institutions shall establish a scale with the officials of each grade of the respective plant in descending order according to the score obtained. In the event of a tie, officials will be placed on the ladder according to their seniority: first in office, then in grade, then in the institution, then in the State Administration, and finally, in the case of the agreement shall be maintained, the Head of the institution shall decide. The ascienda official shall, in the new grade, take the last place, until a qualification in that new grade, for a performance not less than six months, determines a different location. Article 47.-The scale shall begin to run from 1 January of each year and shall last for twelve months. The scale will be public for the officials of the respective institution. Officials shall be entitled to claim from their location on the ladder in accordance with Article 154 of the Staff Regulations. The time limit for bringing this claim must be counted from the date on which the scale is available to the officials for consultation. " Article 2.-Substitute paragraph 3 "Of the qualifications" of Title II of Law No. 18,883, as follows: " Paragraph 3 of the Qualifications Article 29.-The qualification system shall be designed to evaluate the performance and the aptitudes of each an official, attended to the demands and characteristics of his position, and will serve as a basis for the promotion, the stimuli and the elimination of the service. Article 30.-All officials are qualified annually, in any of the following lists: List No. 1, of Distinction; List No. 2, Bueba; List No. 3, Conditional; List No. 4, of Elimination. The Mayor will be personally responsible for the fulfillment of this duty. Article 31.-The Mayor, the officials of exclusive trust of this and the Local Police Judge will not be qualified. Members of the Board of Qualifiers shall be qualified by the Mayor. The delegate of the staff who joins the Board may be qualified by the Board, when so requested. In such a case, the Board shall meet and resolve with the exclusion of the Board. If you don't ask for it, you'll keep your previous rating. Article 32.-The Qualifying Boards shall be composed, in each municipality, by the three officials of the highest hierarchical level, with the exception of the Mayor and the Local Police Judge, and by a representative of the staff elected by him. If there is more than one official at the relevant level, the Board shall be integrated in accordance with the order of seniority, in accordance with the manner set out in Article 49. The officials shall elect a representative representative and an alternate representative of the latter, who shall integrate the Qualifying Board in the event of the holder being prevented from exercising his duties. If the staff member has not elected his representative, the official who has the greatest seniority in the municipality shall act in that capacity. The Association of Officials of the Municipality with greater representation, will have the right to appoint a delegate who will only be able to participate with the right to speak. Article 33. The Qualifying Board shall be chaired by the official to whom the Mayor shall be subrogated. In the event of an impediment to any member of the Board, the Board shall be composed of the official who follows in accordance with the order referred to in the previous Article. Article 34.-The qualification shall be made by the Qualifying Board in each Municipality; it shall comprise the twelve months of official performance that extend between 1 September of one year and 31 August of the following year. Article 35.-The process of qualifications must be started on 1 September and end no later than 30 November of each year. Article 36.-Officials shall not be qualified who for any reason have effectively performed their duties for a period of less than six months, either on a continuous or discontinuous basis within the respective qualification period, in which they will retain the previous year's rating. 37.-The Qualifying Board shall adopt its resolutions, taking into consideration, necessarily, the prequalification of the official made by its Chief Direct, which shall be constituted by the concepts, notes and antecedents provide in writing. The records of merit or demerit that have been made within the annual period of qualifications shall be considered as a record in the life sheet to be taken by the office responsible for the staff for each official. The bosses will be responsible for the pre-qualifications they carry out. The way in which they carry out this process should be considered for the purposes of their own qualification. Basic elements of the rating system shall be the life sheet and the rating sheet. The infringement of an official obligation or duty to be established by virtue of an administrative summary or summary investigation may only be considered once in the official's qualifications. Article 38.-It is a credit score that is intended to record any action taken by the employee that involves a conduct or performance of an outstanding official. The merit notes shall include aspects such as the acquisition of a title or other special quality related to the service, where these are not specific requirements in his office, as well as the approval of courses of training which is related to the functions of the service, the performance of work of periods longer than that of the normal day, the performance of tasks that exceed their usual work and the execution of their own tasks officials when this is indispensable. The merit notes made to an official during the respective qualification period will constitute a favorable background for the selection of training courses to be chosen. Article 39.-It is a demerit record that is intended to record any action or omission of the employee involving a conduct or performance that is reproachable. The demerit notes shall be deemed to be a manifest breach of duties, such as infringements of the instructions and orders of service and the failure to comply with prohibitions laid down in this legal body and the delays in the delivery of work. Article 40.-Annotations shall relate only to the period which is qualified, and shall be made by the unit responsible for the staff at the written request of the official Head of the official. The official may ask his Head to carry out the notes of merit which he considers to be from him. The official may also request that the demerit annotation be left without effect or that the mitigating circumstances in each case be recorded. The unit in charge of the staff shall be required to record in the life sheet of all the merit or demerit entries available to the Head of an official. Article 41.-If the direct chief rejects the official's requests, the grounds for rejection must be kept on record, adding to the life sheet such requests. Article 42.-The agreements of the Board shall always be founded and shall be entered in the Proceedings of Qualifications which, as Minister of Faith, shall be carried by the Secretary of the Board, who shall be the Chief of Staff or who shall do his or her duties. Article 43.-The functions of the members of the Board shall be inselectable. Article 44.-The regulation which is to be adopted shall establish the assessment factors and their weighting, and shall regulate the other aspects of the ratings on the basis of the rules contained in this paragraph. Article 45. The official shall have the right to appeal against the resolution of the Qualifier Board, and of this resource the Mayor shall be known. The notification of the resolution of the Qualifying Board shall be made available to the employee by the Secretary of the Board or by the official whom the Board designates, who shall submit an authorized copy of the respective agreement of the Qualifier Board and require the signature of the person or to record his refusal to sign. In the same act or within the five-day period, the official may deduce appeal. In exceptional cases, qualified by the Board, the term of appeal may be up to ten days from the date of the notification. The appeal must be resolved within 15 days of its submission. The time limits for the days referred to in this Article shall be business days. Article 46. In deciding on the appeal the Mayor must have in view the life sheet, the pre-qualification and the qualification. You will be able to maintain or raise the score assigned by the Board of Qualifiers, but not to reduce it in any case. Article 47.-The judgment of the appeal shall be notified in the manner referred to in Article 45, which has occurred which the official may only claim directly from the Comptroller General of the Republic, in accordance with the provisions of Article 156 of the This Statute. Article 48.-The official qualified by resolution executed in list 4 or for two consecutive years in list 3, shall withdraw from the Municipality within 15 working days following the end of the qualification. If this is not the case, employment shall be declared vacant from the day following that date. It will be understood that the resolution will be executed since the deadline for claiming or since the resolution of the Comptroller General of the Republic that the complaint fails to be notified. If a f A person holding the qualification in list 3, in accordance with the provisions of Article 36, shall not apply the provisions set out in the preceding paragraph, unless the lack of qualification occurs in two consecutive periods. Article 49.-With the result of the executed qualifications, the municipalities shall establish a scale with the officials of each grade of the respective plant in descending order according to the score obtained. In the event of a tie, the officials will be placed on the ladder according to their seniority: first in office, then in the grade, then in the Municipality, then in the State Administration, and finally, in the event of Keep the agreement, the Mayor will decide. Article 50.-The scale shall begin to run from 1 January of each year and shall last for twelve months. The scale will be public for the officials of the respective municipality. Officials shall be entitled to claim from their location on the ladder in accordance with Article 156 of the Staff Regulations. The time limit for filing this claim must be counted from the date on which the scale is at the disposal of the officials to be consulted. Article 3.-Amend Law No 18,834 in the following sense: a.-Replace in Article 50 (a), the term "normal" for "good", and b.-Substitute in Article 144 (c), the experience "Poor" by "Elimination". 4.-Amendment of Law No 18.883 in the following sense: a.-Reposition in Article 53 (a), the expression 'normal' for 'good', and b.-Substitute in Article 147 (c), the expression 'deficient' by 'for the elimination'. TRANSIENT.-The qualifications of the staff affected the laws N ° s. 18.834 and 18.883, shall be governed by the provisions of this law, to the date of their publication. However, for the first qualification, the time elapsed from 1 September 1991 to 31 August 1992 shall be considered. For this only time in the qualifying process, the merit and demerit notes of the officials will not be considered. The qualification process for the first assessment to be carried out in accordance with the rules of this law shall be initiated on 1 October 1992 and shall be completed in all stages by 31 December of the same year. The resulting scale of merit will start to run from 1 ° February 1993 ". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 28 August 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Enrique Krauss Rusque, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to you-Gonzalo D. Martner Fanta, Assistant Secretary for Regional and Administrative Development.