LAW NO. 20,559 PROVIDES FOR A READJUSTMENT OF REMUNERATION TO PUBLIC SECTOR WORKERS, GRANTS WATER TO THE PUBLIC SECTOR, AND GRANTS OTHER BENEFITS THAT INDICATE, bearing in mind that the National Congress has given its approval to the following draft of the Bill: " Article 1.-Grant, as of 1 December 2011, an adjustment of 5% to remuneration, allowances, benefits and other remuneration in money, taxable for health and pensions, or non-taxable, of workers of the public sector, including professionals governed by law No 15,076 and the staff of the Supplementary agreement of law No 19.297. The adjustment provided for in the preceding subparagraph shall not, however, apply to workers in the same sector whose remuneration is fixed in accordance with the collective bargaining provisions laid down in the Labour Code and its rules (a) supplementary, or for those whose remuneration is determined, agreed or paid in foreign currency. Nor shall it govern the allocations of the decree with force of law No. 150, 1982, of the Ministry of Labor and Social Security, nor with respect to the workers of the public sector whose remuneration is fixed by the employer. The additional remuneration referred to in the first subparagraph, set out in percentage of the salaries, shall not be directly re-adjusted, but shall be calculated on the basis of the following, adjusted in accordance with this Article, at 1 December 2011. The Ministry of Education shall report to the Finance Committees of the Chamber of Deputies and the Senate in March each year on the implementation of the adjustment of remuneration and other benefits, such as bonds and In addition, the workers of the subsidized private establishments and other collaborating institutions of the State that receive contributions from the State are linked to this law. For such purposes, the information for each worker and the corresponding amounts shall be unique. Similarly, the Ministry of Finance will provide similar information regarding the workers of the State's collaborating entities that receive contributions from the State for the fulfillment of this law. Article 2 °.-Concedese, for one time, a Christmas aguinaldo, to the workers who, at the date of publication of this law, perform positions of plant or to contracts of the entities currently governed by article 1 of the decree law No. 249, 1974; decree law No. 3.058, 1979; Titles I, II and IV of decree law No. 3,551, 1981; decree with force of law No. 1 (G), 1997, of the Ministry of National Defense; decree with force of law No. 2 (I), 1968, of the Ministry of National Defense Interior; the decree with force of law No. 1 (Investigations), of 1980, of the Ministry of National Defense; Shipyard and Maestranzas workers of the Navy, of Fabricas and Maestranzas of the Army and of the National Aeronautics Company of Chile; workers whose remuneration are governed by laws No. 18,460 and No. 18,593; Article 35 of Law No 18,962; workers of the supplementary agreement of Law No 19.297, paid staff in accordance with paragraph 3 of Title VI of Law No 19,640 and workers of undertakings and entities of the State which do not collectively negotiate and whose remuneration is established in accordance with Article 9º of Decree Law No 1,953, of 1977, or in accordance with its organic laws or by decrees or resolutions of certain authorities. The amount of the aguinaldo will be $42,000 for the workers whose paid liquid remuneration in the month of November 2011 is equal to or less than $551,250 and of $22,285, for those whose liquid remuneration exceeds that amount. For these purposes, the total of the permanent character for that month shall be understood as a liquid remuneration, excluding bonuses, allowances and bonuses associated with individual, collective or institutional performance; deduction of taxes and pre-viewing contributions of a compulsory nature. Article 3.-The aguinaldo granted by the previous article will also correspond, in the terms established by that provision, to the workers of the universities that receive direct tax support in accordance with Article 2 of the decree with force of law No. 4, 1981, of the Ministry of Education, and workers of sectors of State Administration that have been transferred to the municipalities, provided that they have any of these qualities to the date of publication of this law. Article 4 °.-The water and water provided by Articles 2 and 3 of this Law, in respect of centralised public bodies and services, shall be the responsibility of the Fiscus and, in respect of the decentralised services, of the companies identified Article 2 and the entities referred to in Article 3 shall be the responsibility of the employer itself. However, the Minister of Finance will arrange for the supply to the entities with their own assets of the amounts necessary to pay them, if they cannot finance them in all or part with their own resources, provided that these resources are required, at most, within two months after the payment of the benefit. Article 5 °.-Workers of private education establishments subsidized by the State in accordance with the decree with force of law No 2, 1998, of the Ministry of Education, and of the establishments of Vocational Technical Education In accordance with Decree Law No. 3.166 of 1980, they will have the right, from a fiscal position, to the aguinaldo granted by Article 2 of this Law, in the same terms as that provision. 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 safeguard their application to the payment of the benefit granted by this article. These resources will be transferred through the Education Secretariat. Article 6.-Workers of the institutions recognized as collaborators of the National Child Service, in accordance with Decree Law No 2,465 of 1979, which receive the grants provided for in Article 30 of Law No 20,032, of the Judicial Assistance corporations and the Family Legal Assistance Foundation will have the right, from the tax office, to the aguinaldo that grants the article 2 of this law, in the same terms that determines that provision. The Ministry of Justice shall, internally, establish procedures for the delivery of the resources to the institutions and for the protection of their application to the payment of the benefit referred to in this Article. These resources will be transferred through the National Child Service or the Ministry of Justice's Secretariat and General Administration, as appropriate. Article 7 °.-In the cases referred to in Articles 3, 5 and 6, the payment of the aguinaldo shall be made by the respective employer, who shall receive the relevant funds from the appropriate ministry. Article 8.-Concedese, for one time, a fiestas Patrias aguinaldo of the year 2012 to the workers who, at 31 August 2012, perform plant or contract positions in the entities referred to in Article 2, and for the workers referred to in Articles 3, 5 and 6 of this Law. The amount of the aguinaldo will be $54,075 for the workers whose liquid remuneration, which corresponds to them in the month of August 2012, is equal to or less than $551,250, and of $37,669, for those whose liquid remuneration exceeds such quantity. For these purposes, the total of the permanent character for that month shall be understood as a liquid remuneration, excluding bonuses, allowances and bonuses associated with individual, collective or institutional performance; deduction of taxes and of compulsory pre-viewing contributions of a compulsory nature. The fiestas Patrias aguinaldo granted by this article, in respect of the centralized public bodies and services, will be charged by the Fisco, and with respect to the decentralized services, of the companies expressly mentioned in the Article 2, and of the entities referred to in Article 3, shall be the responsibility of the employer itself. However, the Minister of Finance will arrange for the supply to the entities with their own assets of the amounts necessary to pay them, if they cannot finance them in all or part with their own resources, provided that these resources are required, at most, within two months after the payment of the benefit. With regard to the workers of the educational establishments referred to in Article 5 of this Law, the Ministry of Education shall, internally, lay down the procedures for the payment and delivery of the resources to the holders or legal representatives. of the aforementioned establishments and of the protection of their application to the payment of the aguinaldo that this article grants. These resources will be transferred through the Education Secretariat. In the case of workers of the institutions referred to in Article 6 of this Law, the Ministry of Justice shall, internally, lay down the procedures for the delivery of the resources to the institutions and the protection of their application to the payment of the benefit conferred by this Article. These resources will be transferred through the National Child Service or the Ministry of Justice's Secretariat and General Administration, as appropriate. In the cases referred to in Articles 5 and 6, the payment of the payment shall be made by the respective employer, who shall receive the relevant funds from the appropriate ministry. , where appropriate. Article 9 °.-The water supply laid down in the preceding articles shall not correspond to workers whose remuneration is paid in foreign currency. Article 10.-The aguinaldos referred to in this law shall not be taxable or taxable and, consequently, shall not be affected at any discount. Article 11. The workers referred to in this law, who are in benefit of incapacity for work, shall be entitled to the respective aguinaldo according to the amount of the last monthly remuneration they have received. Workers who, by virtue of this law, may impose the corresponding aguinaldo of two or more different entities shall be entitled only to the one that determines the remuneration of the greatest amount; and those who, in turn, are pensioners of some of the They shall be entitled only to the part of the aguinaldo that is granted by Article 2, which exceeds the amount to which they are entitled to receive a pension, in their capacity as a pensioner. The total representing the sum of his remuneration and his/her pension must be considered as a liquid. Where, for the purposes of contracts or agreements between employers and workers of entities referred to in the preceding Articles, the payment of Christmas or Fiestas Patrias is payable, they shall be attributable to the amount established in the this law and will be able to benefit from the financing that it points out. The difference in favour of the worker resulting from this shall be the responsibility of the respective employer. Article 12.-Those who are mischievously perceived to be the aguinaldos who grant this law shall refund the amount received in excess of fivefold, without prejudice to the administrative and penal sanctions which may be imposed on them. Article 13.-Conceese, for once, to the workers referred to in article 1 of this law; to those of the services transferred to the municipalities under the provisions of the decree with force of law No. 1-3.063, of 1980, of the Ministry of the Interior; to the workers referred to in Title IV of Law No. 19,070, to be performed in the educational establishments governed by the decree with force of law No. 2, 1998, of the Ministry of Education; by the decree law Nº 3.166, 1980, and those of the judicial assistance corporations, a non-taxable or taxable education bond, for each child between four and twenty-four years of age, which is a recognized family burden for the effects of the decree with force of law No. 150, 1981, of the Ministry of Labor and Social Welfare. This benefit will be granted even if they do not receive the family allowance for the application of the provisions of Article 1 of Law No. 18,987, and provided that they are in regular studies at the pre-basic education level of the 1st level of transition, 2nd level of transition, basic or secondary education, higher education or special education, in educational establishments of the State or recognized by the State. The amount of the bonus will amount to the sum of $52,730, which will be paid in two equal installments of $26,365 each, the first in March and the second in June 2012. For your payment, you will be able to be subject to the provisions of article 7 of the decree with force of law No. 150, of 1981, of the Ministry of Labor and Social Welfare. Where, for the purposes of contracts or agreements between employers and the workers of entities referred to in the preceding subparagraph, the payment of the education voucher corresponds, the latter shall be attributable to the amount set out in this Article and may be eligible to the funding that this law points out. In the case of partial days, the payment shall be made by the entities in which the worker provides his services, in the appropriate proportion. Those who are mischievously perceiving this bonus must refund the excess amount of the amount charged to them, without prejudice to the administrative and criminal penalties which may be imposed on them. Article 14.-Conceese to the workers referred to in the previous article, during the year 2012, an additional bonus to the schooling bonus of $22,055 for each child that causes this right, when to the date of payment of the bonus, the officials they have a liquid remuneration equal to or less than $551,250, which will be paid with the first fee of the respective school bond and will be subject to the rules governing that benefit. The values set out in the preceding paragraph shall also apply to the grant of the additional bonus provided for in Article 12 of Law No 19,553. This additional bonus is incompatible with that referred to in the preceding paragraph. Article 15.-Concedese during the year 2012, to the assistant education personnel who perform in sectors of the State Administration that have been transferred to the municipalities, and whenever they have any of the qualities mentioned in the Article 2 of Law No. 19,464, the school bond provided by Article 13 and the additional bonus of Article 14 of this Law, in the same terms as those mentioned in both provisions. Equal benefits shall be the staff of the education which has the qualities referred to in Article 2 of Law No 19,464, which is carried out in the private establishments of education supported by the State, according to the decree with force Law No. 2, 1998, of the Ministry of Education, and in technical-professional education establishments transferred in administration according to Decree Law No. 3.166, of 1980. Article 16. During the year 2012, the maximum contribution referred to in Article 23 of Decree Law No. 249, 1974, shall be $91,647. The extraordinary contribution referred to in Article 13 of Law No 19,553 shall be calculated on that amount. Article 17.-Increase in $3,213,600 thousand, the contribution provided by article 2 of the decree with force of law No. 4, 1981, of the Ministry of Education, for the year 2011. This contribution includes the resources to grant the benefits referred to in Articles 13 and 14, to the academic and non-academic staff of the state universities. The distribution of these resources among the state universities will be carried out, in the first term, according to the established needs for the payment of the benefits referred to in the previous paragraph, and the remainder will be made in the same proportion corresponding to the initial contribution for the year 2011. Article 18.-Substitute, as of January 1, 2012, the amounts of "$223,565," "$253,538" and "$272,713," as referred to in Article 21 of Law No. 19,429, for "$234,743," "$266,215" and "$286,349," respectively. Article 19.-They shall be entitled only to the benefits referred to in Articles 2, 8 and 13, the workers whose gross remuneration of a permanent nature, in the months in each case, equal to or less than $1,830,308, excluding bonuses, allowances or bonuses associated with individual, collective or institutional performance. Article 20.-Concedese for once in the year 2012, to the pensioners of the Social Welfare Institute, the Institute of Employment Security, the Social Welfare Institute and the Employers ' Mutuals of Law No. 16,744, whose pensions are an amount less than or equal to the value of the minimum old age pension of Article 26 of Law No 15.386, for pensioners of 75 or more years of age, to the date of payment of the benefit; to the pensioners of the system established in Decree Law No. 3,500, of 1980, which are receiving minimum pensions with a State guarantee, in accordance with Title VII of that body legal; to the pensioners of the system established in the decree law, who are receiving a pre-retirement contribution of solidarity of old age, whose pensions are of an amount less than or equal to the value of the minimum old-age pension of Article 26 of the law No. 15.386, for pensioners of 75 or more years of age, to the date of payment of the benefit; and to the beneficiaries of basic pensions of old age, a winter bonus of $47,250. The bonus referred to in the preceding paragraph shall be paid in the month of May 2012 to all pensioners who are previously mentioned, who are 65 or older on the first day of that month. It shall be tax charge, shall not constitute remuneration or income for any legal effect and, consequently, shall not be taxable or taxable and shall not be affected at any discount. No such bonus shall be entitled to those who hold more than one pension of any kind, including the social security of law No 16,744, or of grace pensions, except where they do not exceed, as a whole, the value of the minimum pension Article 26 of Law No 15.386, for pensioners of 75 years of age or older, at the date of payment of the benefit. For the purposes of the provisions of this Article, the amount awarded by the pensioner shall be deemed to be a part of the respective pension. Article 21.-Concedese, for one time, to the pensioners of the Social Welfare Institute, the Institute of Employment Security, the Social Welfare Institute, the Social Welfare Institute, and the Employers ' Mutuals of Law No. 16,744, who have some of these qualities. August 31, 2012, a fiestas Patrias fiestas of the year 2012, of $14,700. This aguinaldo will be increased by $7,560 for each person who, on the same date, has been credited as causing family or maternal assignment, even if they do not receive such benefits in accordance with the provisions of Article 1 of the Law No. 18.987. In cases where the family allowances are received by a person other than the pensioner, or if he has received them not to mediate the provision referred to in the preceding paragraph, he or the increases in the aguinaldo shall be paid to the person receiving the allowance. or would have perceived the allocations. Asimim or, beneficiaries of survivors ' pensions may not, at the same time, give rise to the right to a stand in favour of persons who receive a family allowance caused by them. The latter will only be entitled to the aguinaldo as a pensioner, as if they do not receive a family allowance. At the same time, with the increase where appropriate, which grants the first paragraph of this article, they will be entitled to the quality of the beneficiaries of the basic solidarity pensions by 31 August 2012; of Law No. 19.123; Article 1 of Law No. 19,992; Decree Law No. 3,500 of 1980, which is found to be receiving minimum pensions with state guarantee, according to Title VII of that legal body; of the aforementioned decree law, which are perceived as a contribution Article 11 of the Law No. 19.129, and the subsidy for the persons with mental disabilities as referred to in Article 35 of Law No 20.255. Each beneficiary shall be entitled only to a payment, even if he has more than one pension, allowance or compensation. In the event that the benefit in his capacity as a worker may be imprecited on the basis of Article 8 of this Law, he may only receive the amount in that quality which exceeds that of the person concerned as a pensioner, who is a beneficiary of the subsidy to which he is refers to Article 35 of Law No 20.255 or the compensation provided for in Article 11 of Law No 19.129. The total representing the sum of your remuneration and pension, allowance or allowance, liquids, must be considered. In any case, the amount awarded by the pension to the pension will be considered as part of the respective pension. In addition, it should be understood, for one time, to the pensioners referred to in this Article, that they have some of the qualities referred to in that Article to 30 November 2012, and to the beneficiaries of the allowance referred to in Article 35 of the Law No 20.255 and the compensation provided for in Article 11 of Law No 19.129 that have such quality on the same date, a Christmas Eve of the year 2012 of $16,905. This will be increased by $9,555 for each person who, on the same date, has been credited as causing family or maternal assignment, even if they do not receive those benefits in accordance with the provisions of Article 1 of the Law No. 18.987. Each beneficiary shall be entitled only to a payment, even if he has more than one pension, allowance or compensation. As appropriate, the rules set out in the second, third and seventh points of this Article shall apply to this aguinaldo. The aguinaldos referred to in this article shall not be taxable or taxable and, consequently, shall not be affected at any discount. Those who mischievously perceive these waterruns or the bonus provided for in the preceding Article, respectively, must refund the amount overcharged to five-fold, without prejudice to the administrative and criminal penalties which may be imposed on them. reciprocate. Article 22.-The conditions laid down in the preceding Article, in respect of the beneficiaries of basic solidarity pensions, of the allowance for persons with mental disabilities as referred to in Article 35 of Law No 20.255 and the Pensioners of the system established in Decree Law No. 3,500 of 1980, who are receiving minimum pensions with state guarantee, under Title VII of that legal body, or a solidarity contribution, will be charged by the Fisco and, of the pensioners of the Social Welfare Institute, the Institute of Occupational Safety, Cases of Previsión and of the Mutualities of Employers of Law No. 16,744, of charge of the institution or corresponding mutual. However, the Minister of Finance will arrange for these entities to be given the amounts necessary to pay them, if they are not able to finance them in whole or in part, with their resources or surpluses. Article 23.-For the period of one year, be counted from 1 January 2012, the extraordinary quarterly bonus granted by law No. 19,536, which will be paid in the months of March, June, September and December of that year. The amount of this bonus will be $194,243 quarterly. The professionals referred to in Article 1 of Law No. 19,536 and the other professionals in the medical collaboration of the paid health services according to the system of Decree Law No. 249 of 1973, who perform their duties, shall be entitled to this benefit. under the same conditions, modalities and units as laid down in that provision, or in laboratories and blood banks, radiology and physical medicine and rehabilitation. The maximum number of professionals who will be entitled to this bonus will be 4,966 people. As not provided for in this article, the grant of the said bonus shall be governed by the provisions of Law No 19,536, in whatever case. Article 24.-To establish, on 1 January 2012, a special bonus of a permanent nature for professionals and technicians, whether from plant or to contract, from the Institute of Public Health, which directly works in the production of Histocompatibility tests for organ and tissue transplants. In order to qualify for the bonus, officials who meet the conditions set out in the foregoing paragraph must be individualized by means of one or more resolutions of the Director of the Institute of Public Health. The bonus will amount to a monthly amount of $165,000 for professionals and $60,000 for technicians. It shall be taxable for the purposes of pensions and health, it shall not be regarded as a basis for any other remuneration and shall be incompatible with the bonus referred to in Article 5 of Law No 20,209. The special bonus may be awarded to a maximum of 13 professionals and 10 technicians. It shall be re-adjusted in accordance with the general remuneration adjustments to be granted to public sector workers after the content of Article 1 of this Law. Article 25.-Amend Law No 19,464, in the following form: (a) Replace, in the first paragraph of Article 7, the phrase "and January 2011," by "and January 2012,", and (b) Substitute, in Article 9, the "2012" guitarianism for "2013". Article 26.-It is necessary to establish that the bonus of extreme zones granted by Article 30 of Law No 20.313 to the assistant staff of education, which is currently in office, will be paid during the year 2011 with the readjustment indicated in the Article 1 of Law No 20486. Likewise, the bonus of extreme zones granted by Article 3 ° of Law No 20,250, applicable to the staff, currently in office, governed by Law No. 19.378, on the Statute of Primary Health Care Municipal, will be paid during the year 2011 with the readjustment referred to in Article 1 of Law No 20486. Article 27.-It shall be established that the allowances referred to in Articles 29 and 30 of Law No 20.313, 13 of Law No 20.212, and 3 ° of Law No 2020,250 shall be amended in accordance with the general remuneration adjustments to be granted to the workers in the public sector after the content of Article 1 of this Law. However, with respect to the province of Chiloé, fix the following amounts for the bonuses that establish the laws that in each case are indicated, for the years that are indicated: Year 2012 Year 2013 Year 2014 Year 2015 Law Nº 20.313 121,575 133.150 144,725 156,300 Article 30 Act Nº 20,198 109.410 125.040 140,670 156,300 Act N°20,250 109.410 125.040 140,670 156,300 To count for the year 2016, the rule of readjustability of the first paragraph of this article shall apply. Article 28.-The increases granted by Article 3 (b) and (c) of Law No 19,553 and its amendments shall be granted during the year 2012 to the officials of the Tourism Sub-Secretariat, which corresponds, according to the compliance of the performance indicators formulated for this Secretariat in the 2011 budget process. To this end, during January 2012, the Ministry of Finance, through the Budget Directorate, will evaluate its compliance level. In the case of an increase in collective performance, the provisions of Article 7 (b) of that law may apply. Article 29.-The second transitional article of the decree with force of law N ° 3, 2010, of the Ministry General Secretariat of the Presidency, with respect to the staff of the Superintendence of the Environment that has entered, will be extended by 2012. to provide services during the second half of 2011. Article 30.-For a single time, the workers of the institutions referred to in Articles 2, 3, 5 and 6 of this Law shall be entitled to a special non-taxable bonus, which shall not constitute an income for any legal effect, to be paid in the course of the month of December 2011, and whose amount will be $230,000 for the workers whose gross remuneration that corresponds to them in the month of November 2011 is equal to or less than $600,000, and of $115,000 for those whose remuneration Gross exceeds that amount and does not exceed $1,830,308. For these purposes, gross remuneration shall be understood as referred to in Article 19 of this Law. Article 31.-The holders of private establishments of education subsidized by the State, according to the decree with force of law No. 2, 1998, of the Ministry of Education, and of the establishments of professional technical education In accordance with Decree Law No. 3.166, of 1980, they must inform the Ministry of Education, before 28 February 2012, of the payroll and amount of the water, bonuses and readjustment of the remuneration received by each of the workers of the resptiv or establishment. The Ministry of Education must send this information to the Finance Committees of the Chamber of Deputies and the Senate, before March 30, 2012, as provided for in the fourth and fifth paragraphs of Article 1 of this Law. Article 32.-The increased expenditure representing the bodies and services in the year 2011 shall be financed by the resources referred to in subtitle 21 of their respective budgets and, if appropriate, with reallocations. Budget and, or transfers of item 50-01-03-24-03.104 of the Budget Item Public Treasury. Funds may be made available for the payment of the water, with direct imputation to that item. The expenditure that will be incurred during the year 2012 to the public bodies and services included in the Budget Law for that year, the application of the provisions of Articles 1, 8, 13, 14, and 16 of this law, will be financed with the resources provided in the subtitle 21 of their respective budgets and, if appropriate, with budgetary reallocations and, or with transfers of the item indicated in the preceding paragraph of the budget for the year 2012 and, in what will be missing, by increase of the contribution (i) a tax on higher income, in which case it will be deemed to be increased by the equivalent of the application of these higher revenues the overall sum of the respective expenditure to be approved in the Budget Law for 2012. All the foregoing may be provided by the Minister of Finance, by means of one or more decrees issued in the form laid down in Article 70 of Decree Law No. 1,263, of 1975, which are dictated to the date of publication of this law. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, December 15, 2011.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Felipe Larraín Bascunan, Minister of Finance.-Bruno Baranda Ferran, Minister of Labour and Social Welfare (S). What I transcribe to you for your knowledge.-Atently, Julio Dittborn Cordua, Deputy Minister of Finance.