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GRANTS READJUSTMENT OF REMUNERATION TO PUBLIC SECTOR WORKERS, GRANTS AND OTHER BENEFITS OF A PECUNIARY NATURE

Original Language Title: OTORGA REAJUSTE DE REMUNERACIONES A TRABAJADORES DEL SECTOR PUBLICO, CONCEDE AGUINALDOS QUE SEÑALA Y OTROS BENEFICIOS DE CARACTER PECUNIARIO

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GRANTS READJUSTMENT OF REMUNERATION TO PUBLIC SECTOR WORKERS, GRANTS AND OTHER BENEFITS OF A PECUNIARY CHARACTER Having regard to the fact that the National Congress has given its approval to the following P r o y c t o d e l e y " Article 1.-Grant, at 1 ° December 1996, an adjustment of 9.9% to remuneration, allowances, benefits and other remuneration in money, taxable, 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 agreement Supplementary to Law No 19.297. The above adjustment 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 accompanying rules, or for workers whose remuneration is established, agreed or paid in foreign currency. Nor shall it govern the appropriations of the decree with force of law No 150 of 1981 of the Ministry of Labour and Social Welfare, the Social Welfare Secretariat, or of workers in the public sector whose remuneration is fixed by the employer. The additional remuneration referred to in the first subparagraph, fixed in percentage of the salaries, shall not be directly re-adjusted but shall be calculated on the basis of the adjustment in accordance with the provisions of this Article at 1 ° December 1996. Article 2.-Readjust, at 1 ° December 1996, to 9,9%, the current amounts corresponding to the grants provided for in Article 5 of the decree with force of law N ° 1,385, 1980, of the Ministry of Justice, and in their complementary rules. Article 3 °. -Conceive, for one time, a Christmas aguinaldo to the workers who, at the date of publication of this law, carry out positions of plant or to hire or be persons hired to fees assimilated to a degree of the scale of remuneration (a) of the entities currently governed by Article 1 of Decree Law No. 249 of 1974; Decree Law No. 3.058 of 1979; Titles I, II and IV of Decree Law No. 3,551 of 1981; Decree Law No. 1 (G) of 1968, of the Ministry of Health The decree with force of law N ° 2 (I), 1968, of the Ministry of the Interior; the decree with force of law N ° 1 (Investigations), 1980, of the Ministry of National Defense; the workers of Shipyards and Maestranzas of the Navy, of Fabricas and Maestranzas of the Army and of the National Aeronautics Company of Chile; to the workers whose remuneration is governed by the laws N ° s. In the case of workers of the supplementary agreement of Law No 19297, and workers of undertakings and entities of the State which do not collectively negotiate and whose remuneration is paid, the workers of the State in which they are not engaged in collective bargaining Article 9 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 $18,700 for the workers whose paid liquid remuneration in the month of November 1996 is equal to or less than $205,350 and $11,000 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, with the sole deduction of the taxes and the pre-viewing contributions of a compulsory nature. Article 4.-Concedese, for one time, to the pensioners of the Institute for Contingency Normalization, the Cajas de Previsión and the Mutualities of Employers of Law No 16,744, who have any of these qualities to the date of publication of this law, a Christmas bonus of $7,800, which will be increased by $4,400, for each person who, at the same date, have accredited as a cause of family or maternal assignment, even if they do not receive such benefits by application of the provisions of Article 1 of 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 provisions referred to in the preceding paragraph, he or the increases in the salary shall be paid to the person receiving the allowance. or would have perceived the allocations. In addition, beneficiaries of survivors ' pensions may not, at the same time, give rise to the right to hold water in favour of persons who receive a family allowance caused by them. The latter will only be entitled to the water quality of pensioners, 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 those who have the quality of beneficiaries of the welfare pensions of Decree Law No. 869 of 1975, of Law No. 19.123 and of the indemnities of Article 11 of Law No 19.129, at the date specified in that paragraph. Each pensioner will be entitled to only one bonus, even if he has more than one pension. Article 5 °.-The aguinaldo granted by Article 3 shall also correspond, in the terms established by that provision, to the workers of the universities receiving direct tax contributions in accordance with Article 2 of the decree with force Law No. 4, 1981, of the Ministry of Education, and workers from sectors of the State Administration that have been transferred to the municipalities, provided that they have some of these qualities to the date of publication of this law. Article 6 (1)-The conditions laid down in Articles 3, 4 and 5 of this Law, in respect of centralised public bodies and services and beneficiaries of assistance pensions, shall be the responsibility of the Fiscus and, in respect of the decentralised services, of the undertakings expressly referred to in Article 3, of the Institute for Contingency Standards, of the Insurance Banks and of the Employers ' Mutualities, shall be the responsibility of the employer or of the Institution of the respective forecast or mutual benefit. However, the Minister of Finance will arrange for the supply to the entities with their own assets of the quantities necessary to pay them, if they cannot finance them, in whole or in part, with their resources or surpluses. Article 7-Workers of private education establishments supported by the State in accordance with the Decree Law No. 5 of 1993 of the Ministry of Education and of the technical and professional education establishments In accordance with Decree Law No. 3.166 of 1980, they will be entitled, from a fiscal position, to the aguinaldo granted by Article 3 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 8 °.-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 5 of the Decree with force of Law No. 1.385, of 1980, of the Ministry of Justice, of the Judicial Assistance Corporations and of the Foundation of Legal Assistance to the Family, will have the right, of a fiscal charge, to the aguinaldo that grants the article 3 ° of this law, in the same terms that determines that disposition. The Ministry of Justice shall establish internally the procedures for the delivery of the resources to the institutions and for 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. Article 9 °.-In the cases referred to in Articles 5, 7 and 8 °, the payment of the aguinaldo shall be made by the respective employer, who shall receive the relevant funds from the Ministry concerned. Article 10.-The aguinaldo provided by Article 3 shall also, on the same terms, correspond to persons who, at the date of publication of this law, are providing services in the entities mentioned in that provision, contracted from 1 January 1996, on the basis of fees consisting of a sum paid in monthly instalments, provided that the services are provided at the premises of the contracting entity, in the usual and continuous form during their working hours and such fees are the only remuneration they receive from the latter. The concurrency of the enabling circumstances to be entitled to the benefit, shall be established by resolution of the respective Head of Service. Article 11.-Concedese, for one time, a fiestas Patrias aguinaldo of the year 1997, to the workers who at 31 August 1997, have been at least since 31 March of that year, positions of plant or to hire or be hired persons fees assimilated to a degree of the respective remuneration scale, of the entities referred to in Article 3, and for the employees of Articles 5, 7 and 8 of this law. The amount of the aguinaldo will be $25,500 for the workers whose liquid remuneration that corresponds to them in August 1997 is equal to or less than $225,680, and $19,000, for those whose liquid remuneration exceeds that amount. For these purposes, the total of the permanent co-financial remuneration shall be understood as the total (a) the amount of the tax and the amount of the tax and the pre-viewing contributions of compulsory nature. The fiestas Patrias aguinaldo granted by this article for the entities referred to in Articles 3 and 5, as regards the centralised public bodies and services, shall be the responsibility of the Fiscus, and in respect of the services (a) the institutions referred to in Article 3 (3) and the entities referred to in Article 5 (3) shall be responsible for the institution's own employment institution. However, the Minister of Finance will arrange for the supply to the entities with their own assets of the quantities necessary to pay them, if they cannot finance them, in whole or in part, with their resources or surpluses. With regard to the workers of the educational establishments referred to in Article 7 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 8 of this Law, the Ministry of Justice shall, internally, lay down the procedures for the delivery of the resources to the institutions concerned and for 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 7 and 8, the payment of the payment shall be made by the respective employer, who shall receive the relevant funds from the Ministry concerned, where appropriate. The aguinaldo referred to in this Article shall also be responsible, on the same terms, for persons who, as at 31 August 1997, have been providing services at least since 1 January 1997, in the entities referred to in the Article 3 ° of this law, hired on the basis of fees consisting of a paid sum paid in monthly instalments, provided that the said services are rendered in dependencies of the contracting entity, in customary and continuous form during its schedule the only remuneration they receive from the latter. The concurrency of the enabling circumstances to be entitled to the benefit, shall be established by resolution of the respective Head of Service. Article 12.-The conditions laid down in the preceding articles shall not correspond to workers whose remuneration is paid in foreign currency. Article 13.-The aguinaldos referred to in this law shall not be taxable. Article 14.-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 which is granted by Article 3 in excess of the amount to be charged to them by way of a pension, in their capacity as a pensioner, as referred to in Article 4. 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 the workers of activities 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 15.-Those who are mischievously perceived to be in charge of this law shall pay the excess amount of the amount received, without prejudice to the administrative and criminal penalties which may be imposed on them. Article 16.-Conceese, for one time, 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 N ° 13.063, 1980, Ministry of the Interior; and to the workers referred to in Title IV of Law No. 19,070, who perform in educational establishments governed by the decree with force of law No. 5, 1993, of the Ministry of Education, and the decree law N ° 3,166, of 1980, a non-taxable amount of education, for each child between five and twenty-four years of age, family charge recognised for the purposes of the decree with force of law N ° 150, 1981, of the Ministry of Labour and Social Welfare, even if they do not receive the benefit of family allowance for the application of the provisions of Article 1 of the Law N ° 18.987, which is undergoing regular studies at the pre-basic level of the 2nd level of transition, basic or secondary education, higher education or special education, in State educational establishments or recognised by this. The amount of the bond will amount to the sum of $27,000, which will be paid in two equal installments of $13,500 each, the first in March and the second in June 1997. Where, for the purposes of contracts or agreements between employers and the workers of the activities referred to in the preceding subparagraph, the payment of the education voucher corresponds to the amount established in this Article and may be Benefit from 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 pay the excess amount of the amount charged back fivefold, without prejudice to the administrative and criminal sanctions which may be imposed on it. Article 17. During the year 1997, the maximum contribution referred to in Article 23 of Decree Law No. 249 of 1974 shall be $45,000 for entities that do not enjoy the special health benefits provided for in Law No 19,086. Article 18.-Increase, in $884,500 thousands the contribution provided by article 2 ° of the decree with force of law N ° 4, 1981, of the Ministry of Education. The distribution of this increase among the institutions of higher education will be done in the same proportion corresponding to the initial contribution corresponding to the year 1996. Article 19.-Substitute, from 1 January 1997, the amounts of $105,000; $119,000 and $128,000, as referred to in Articles 21 and 22 of Law No 19,429 for $115,395; $130,781 and $140,672, respectively. Article 20.-Concedese, for one time, to the persons mentioned in article 16 of this law, a special non-taxable bonus, which will be paid in the course of December 1996, the amount of which will be $23,000 for the workers whose In November 1996, the liquid remuneration to be paid to them is equal to or less than $205,350, and of $13,000 for those whose liquid remuneration exceeds that amount. For these purposes, the total of the permanent character for the last month referred to in the first subparagraph shall be deemed to be a liquid remuneration, with the sole deduction of taxes and of compulsory pre-viewing contributions. Article 21.-The largest expenditure representing the application of this law in 1996 will be financed from item 50-01-03-25-33.104 of the Public Treasury Budget Item. Funds may be made available for the payment of water payments and the bonus provided for in Article 20, with direct allocation to this end. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 25 November 1996.-CARLOS FIGUEROA SERRANO, Vice President of the Republic.-Eduardo Aninat Ureta, Minister of Finance. What I transcribe to you for your knowledge. Greet you. Manuel Marfan Lewis, Undersecretary of Finance.