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IT CREATES A BONUS FOR THE QUALITY OF THE USER ' S SATISFACTION AND SETS STANDARDS FOR CIVIL REGISTRY AND IDENTIFICATION SERVICE OFFICIALS " N

Original Language Title: CREA UNA BONIFICACIÓN POR CALIDAD DE SATISFACCIÓN AL USUARIO Y ESTABLECE NORMAS QUE INDICA PARA LOS FUNCIONARIOS DEL SERVICIO DE REGISTRO CIVIL E IDENTIFICACIÓN

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LAW NO. 20,342 CREATES A BONUS FOR THE QUALITY OF USER SATISFACTION AND ESTABLISHES RULES FOR CIVIL REGISTRY AND IDENTIFICATION OFFICIALS. Bill of Law: " Article 1.-Set up, to count from January 1, 2010, for plant and contract staff of the Civil Registry Service and Identification an annual bonus, linked to the quality of care provided to users of the service, which shall be evaluated by an external entity in accordance with the procedure laid down in the Article 4 (6). This annual allowance shall be for staff who have provided services, without a continuity solution, in the Civil Registry and Identification Service, for at least six months of the year in which the quality of care has been assessed. In addition, users will be in service in the same institution at the date of payment of the respective bonus fee. This bonus will be applied to the provisions of article 72 of the decree with force of law No. 29, 2005, of the Ministry of Finance. Article 2.-The annual amount that will correspond to each official per concept of the bonus will be the equivalent in units of promotion to $1,050,000, value that includes the compensatory bonus referred to in the following article. For these purposes, the promotion unit in force on 1 January 2014 shall be considered. The expression in promotion units shall be carried out in respect of two decimal places. The bonus will not serve as a basis for any other remuneration or legal benefit, it will be taxable and taxable for the purposes of forecasting and health. The annual amount expressed in promotion units, as referred to in the first subparagraph, shall be paid in eight equal monthly instalments in conjunction with the remuneration for the months of January, February, April, May, July, August, October, and November. In order to determine the monthly value, the value of the unit of promotion of the day of the month in which the payment of the respective quota is to be carried out shall be at the value of the unit. The impositions shall be deducted from the part which, in addition to the respective monthly remuneration, does not exceed the maximum limit of enforceability. The tax base for pensions and health, in accordance with the limits of eligibility established by the legislation in force, shall be determined by lowering the amount indicated in the preceding paragraph, the contribution to be made in accordance with the pension system, entered in the following Article. Article 3.-The staff referred to in Article 1 of this Act shall be entitled to a non-taxable bonus intended to compensate for deductions for pension and health contributions to which the allowance referred to in Article 1 (2) applies. (a) the amount shall be the sum of the following percentages on the taxable amount referred to in the fourth indent of the preceding Article, depending on the system or the pension scheme of the worker's affiliation: 20.5% for the members of the system of decree law Nº3,500, 1980. 25.62% for those affiliated with the general scheme of the former National Fund of Public Employees and Journalists, Public Employees Section. 21.62% for the members of the pension scheme of the former National Fund of Public Employees and Journalists, with a reduction Article 14 (a) of the decree with force of law No. 1,340 bis, of 1930. For staff affiliated with a system or a pension scheme other than those mentioned above, the bonus referred to in the preceding subparagraph shall be equivalent to the sum of the health and pension contributions which, in respect of the said bonus, the worker is to be performed. This compensatory bonus shall be calculated in accordance with the limits of the limits established by the legislation in force and the provisions of the preceding paragraph. Article 4 °.-The granting of the allowance referred to in Articles 1 and 2 of this Law shall be subject to the provisions of this Article: 1) It shall be granted annually on the basis of the increase which it experiences, in accordance with the table in issue 3), the user's net satisfaction rating. Net satisfaction index shall mean the percentage that results from the subtraction among the percentage of users who perform a good rating on the quality of care provided by the Civil Registry and Identification Service and the percentage of those who lack the quality of care. By means of a regulation issued by the Ministry of Justice, the Minister for Finance will also determine the required score by means of a note, percentage or other similar assessment factor to be considered for the purposes of the qualify as good or poor the quality of care provided to the users by the service, as well as any other standard necessary for the proper award of the bonus. (2) For all legal and regulatory effects, the net user satisfaction index to be considered as the basis shall be determined for the year 2009 in accordance with the rules laid down in the second transitional article of this law. 3) The level of growth of the net user satisfaction index will be carried out annually according to the index reached the year immediately preceding the following table: Index of Satisfaction Satisfaction of the Net Index Low 40% Net satisfaction level of users 3% per year Between 40% and less than 60% Net satisfaction level of users 2% per year Between 60% and less than 65% Net satisfaction level of users 1.5% per year Between 65% and more Net user satisfaction 0.5% per year 4) Reached users ' net satisfaction index 70%, the allowance referred to in Articles 1 and 2 of this Law shall be granted on the basis of the maintenance of that level of satisfaction. 5) The amount of the bonus will be determined according to the following table of compliance, always applied on the increase that has experienced the index of net satisfaction of the users with respect to the one fixed for the year immediately above: 100% of the bonus in the event that the Civil Registry and Identification Service meets 90% or more of the growth of the index fixed for the respective year. 85% of the bonus in the event that the Civil Registry and Identification Service meets less than 90% and equal to or more than 80% of the growth of the index fixed for the respective year. 70% of the bonus in the event that the Civil Registry and Identification Service meets less than 80% and equal to or more than 70% of the growth of the index fixed for the respective year. Any compliance less than 70% of the growth of the standard set for the respective year shall not be eligible for any bonus. 6) The assessment of the net user satisfaction index shall be carried out annually in the month of September of the respective year, by means of an evaluation instrument to the users of the Civil Registry and Identification Service, which shall be subject to to the following rules: (a) The assessment shall apply both to individual and institutional users. The weighting to be assigned to individual and institutional users in respect of the total sample shall be determined annually by resolution exempted from the Ministry of Justice, endorsed by the Budget Directorate. However, the opinion of individual users should always have a higher weighting than that of the institutional ones. (b) The assessment shall be carried out both in respect of the face-to-face services and those provided through the electronic platform by the Civil Registry and Identification. The weighting to be assigned to the in-person services and those provided through the electronic platform in respect of the total sample shall be determined annually by resolution exempted from the Ministry of Justice, endorsed by the Directorate of Budgets. (c) The assessment shall not consider external variables which may have an impact on the user when assessing that quality but which are not attributable to the service provided by the officials. The determination of the external variables not to be considered in the assessment shall be carried out annually by means of a resolution exempted from the Ministry of Justice endorsed by the Budget Directorate. In the same way, an adjustment can be made to the growth rate of the net user satisfaction index, in the event that the Service assumes new functions that have an important impact on the performance of the increase of the standard set for the respective year. (d) The target group for which the assessment shall apply shall be composed of natural persons over the age of 18 years and the companies or institutions which have had contact with the Civil Registry and Identification Service through any of its channels of attention in the last 12 months prior to application of the instrument determining the index of net satisfaction of the user. The sample selection shall be random, representative and national. (e) The assessment shall be applied by an external entity. This entity will be selected and contracted by the Ministry of Justice through public tender, and the respective bidding bases will be endorsed by the Budget Directorate. (f) For the purposes of the assessment of the net user satisfaction index, the assessment instrument designed for the base year shall be applied in accordance with the provisions of the second transitional article. 7) By decree issued in December of each year, under the formula "By Order of the President of the Republic", signed by the Ministers of Justice and Finance, the rate of satisfaction will be noted. This is the case for users, who have been reached in the year concerned, as well as the increase in the previous year. Similarly, this decree will determine the percentage of the bonus for quality of satisfaction to the user who will be responsible for the following year, according to the degree of growth experienced by the index of net user satisfaction. For the dictates of this decree, the result of the evaluation referred to in the previous issue will be taken as a background. In addition, the said decree will indicate the percentage of the increase required for the following year, according to the net satisfaction rate of the users reached in the respective year, according to the table set out in issue 3). Article. 8) The Ministry of Justice should generate channels that allow the participation of the Service and the officials in the process of designing and applying the mechanism of evaluation of the index of net satisfaction of the users. For these purposes, the bodies of a consultative and informative nature should be established, through the Assistant Secretary of Justice, to provide comments, suggestions and scope to be made by the officials, through their associations, if they are the staff member or the staff member, where appropriate. Article 1 Transitional.-During the year 2009, plant and contract staff of the Civil Registry and Identification Service, will be entitled to an equivalent annual bonus in promotion units to $657,627, which includes the bonus compensation referred to in Article 3 of this Law. For these purposes, the promotion unit in force on 31 January 2009 shall be considered. The expression in promotion units shall be carried out in respect of two decimal places. This bonus will not serve as a basis for any other remuneration or legal benefit. It shall be taxable and taxable for forecasting and health purposes. The annual amount expressed in promotion units, as referred to in the first subparagraph, shall be paid in eight equal monthly instalments in conjunction with the remuneration for the months of January, February, April, May, July, August, October, and November. In order to determine the monthly value, the value of the unit of promotion of the day of the month in which the payment of the respective quota is to be carried out shall be at the value of the unit. The impositions shall be deducted from the part which, in addition to the respective monthly remuneration, does not exceed the maximum limit of enforceability. The tax base for pensions and health according to the limits of eligibility established by the legislation in force, shall be determined by lowering the amount indicated in the preceding paragraph, the quotation that comes in accordance with the pension system. entered in Article 3 of this Act. The payment of the fees that are payable pursuant to this article to the date of publication of this law shall be made in conjunction with the remuneration corresponding to the month of payment after the date of publication of this law. If the condition indicated in the foregoing paragraph is presented, in order to determine the taxes and impositions to which the present allowance is affected during that period, the amount shall be distributed in proportion to the months corresponding to and the quascients shall be added to the corresponding monthly remuneration. However, the impositions shall be deducted from the part which, in addition to the respective monthly remuneration, does not exceed the maximum limit of enforceability. To this benefit, the provisions of Article 72 of the decree with force of law No. 29, 2005, of the Ministry of Finance will apply to it. Article 2-Transitional.-The determination of the net user satisfaction index for 2009, which for all legal and regulatory effects will be the base year, shall be carried out by means of an assessment carried out by a contracted external entity, by public tender, by the Ministry of Justice. For these purposes, the tendering bases must be endorsed by the Budget Directorate. For the purposes set out in the preceding paragraph, the design of the instrument to be applied by the external entity shall be tendered in advance to assess the net quality of user satisfaction. This public invitation to tender shall be carried out by the Ministry of Justice, with the Directorate of Budgets having to establish the respective tendering bases, and to integrate the technical team acting as the counterpart of the entity to which the design is awarded. of the assessment instrument. In the event that the index of net satisfaction of the users determined for the base year, in accordance with the procedure referred to in the first subparagraph, is greater than 60% satisfaction on the part of the users according to the attention provided by the Civil Registry and Identification Service, during the years 2010 and 2011 the bonus referred to in Articles 1 and 2 of this Act shall be granted without requiring the growth of the index determined for the base year. Without prejudice to the foregoing, the evaluations shall be carried out for the respective years. If the assumption provided for in the previous subparagraph is given, the standard to be considered for determining the increase required from the year 2012 shall be the one set for the base year. If the net satisfaction rate of the base year is less than 60%, the assessment to determine the effective growth rate of the index referred to for the purposes of the payment of the allowance referred to in Articles 1 and 2 of this Law during the year 2010, shall be carried out at the latest in the month of December 2009. Article 3 Transitional.-Concedese, for one time, a bonus to the plant officials and to contracts of the Civil Registry Service and Identification of an amount of $150,000 for the officials who in the month before the payment of the benefit have obtained a liquid remuneration equal to or less than $750,000 and $100,000 to officials who at that same date have higher liquid remuneration with a cap of $1,200,000 liquid. The bonus will be paid in the month following the publication of this law in conjunction with the remuneration of the respective month. For the purposes of this Article, the total of the permanent character for that month shall be deemed to be a liquid remuneration, with the sole deduction of taxes and of compulsory pre-viewing contributions. This bonus will not be taxable or taxable and will therefore not be affected at any discount and will be paid to staff in service to the date of payment. Article 4 (Transitional).-The President of the Republic shall be empowered to establish, by means of one or more decrees with force of law issued by the Ministry of Justice, which shall also be signed by the Minister of Finance, the rules necessary to regulate the following matters: 1) Modify the staff plant of the Civil Registry and Identification Service, allowing the creation and removal of charges and the modification of denominations and grades. The Head of Service by means of a resolution, and subject to the rules of Article 15 of the Decree Law No 29 of 2005, of the Ministry of Finance, will be in charge of the charges that are created by virtue of the exercise of this faculty to staff of that plant which is appointed in charge as a holder even if it does not meet the new requirements set out in the provisions of paragraph 2 of this Article. The modification to the plant referred to in the preceding paragraph shall enter into force once the respective pigeonhole has been practiced. The following conditions shall be subject to the following conditions: (a) You may not have as a consequence and may not be considered as a cause of service termination, removal of charges, termination of duties or termination of the relationship work. (b) It shall not mean loss of employment, reduction of remuneration or modification of the rights provided for. Any difference in remuneration must be paid by additional payroll. Such a template will be absorbed by future remuneration improvements that correspond to officials, except for general readjustment derivatives that are granted to public sector workers. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. (c) Changes in the degree to which the pigeonings are carried out shall not be considered as promotion, and the officials shall, accordingly, retain the number of biennies they are receiving; they shall also maintain the length of stay in the Grade for this purpose. (d) It shall not mean an increase in the positions of the plant of directors of the Civil Registry and Identification Service, nor of the maximum number of personnel attached to the institution for the year in which the faculty is exercised. 2) Modify or establish, the specific requirements for the entry and promotion of the personnel plants of the Civil Registry and Identification Service. However, the requirements to be laid down in the exercise of this right shall not be required for the purpose of staying in office in respect of those who are holding or hiring in the service at the date of entry into force. or the decrees with force of law referred to in this article. Article 5-Transitional.-The increased expenditure resulting from the application of this law during the year 2009 will be financed from the own revenue generated by the Civil Registry and Identification Service. " And because I have had to approve it and sanctioning it; therefore, promulgate it and take effect as the Law of the Republic. Santiago, April 23, 2009.-MICHELLE BACHELET, President of the Republic.-Carlos Maldonado Curti, Minister of Justice.-Andrés Velasco Branes, Minister of Haci . What I transcribe to you for your knowledge.-Salutes intently to Ud., Jorge Frei Toledo, Assistant Secretary of Justice.