Statute Law 19,070: Rights and Regulations for Education Professionals

Posted on Dec 7, 2024 in Law & Jurisprudence

Statute Law No. 19,070: Labor Regime Governing Education Professionals

1. Who Does it Apply To?

2. Disabilities to Practice Teaching

• Statute Law or Teaching
• Criminal Code

3. Terms Applicable to Professional Education

• Teaching Function
• Classroom Teaching
• Non-Teaching Curricular Activities
• Directive Function
• Technical Teacher Role
• Teacher Work Year
• School Year
• Academic Year
• Improvement
• Scholarships for Improvement
• Holders
• Contracted Teachers
• Teaching Endowment
• Experience Assignments
• Improvement Allowances
• Allowance for Performance in Difficult Conditions
• Managerial and Technical-Pedagogical Responsibility Allowances
• Working Day
• Weekly Classroom Teaching Hours
• Etc. (if there are terms that recur, and continue to live happily trotting)

What is Statute Law 19,070?

This law affects:

1. Educational professionals in preschool, primary, and secondary education.
2. Professionals in technical/vocational schools run by nonprofit corporations.
3. Professionals and technical leadership positions in educational administration departments of municipal education.

• Governs the municipal sector (fully).
• Subsidized private sector (governed in part by the Labor Code).
• The paid private sector (to a lesser degree, but more strongly by the Labor Code).
• The corporate sector with delegated administration (partly by the Labor Code).

Disabilities to Exercise the Teaching Role

All persons who have been convicted of these crimes may not perform the teaching function.

1. Those foreseen in the Constitution of the Republic. This relates Article 4 of the Teaching Staff with Article 9 of the Constitution. It refers to those convicted of terrorist acts, who are disabled for 15 years from practicing.
2. Those contained in Law No. 19,366. This relates Article 4 of the Teaching Statute to the provisions penalizing the illicit traffic in narcotic drugs and psychotropic substances.
3. Those referred to in the Criminal Code. This relates Article 4 of the Teaching Statute to the criminal body.

These include:

• Abortion
• Rape
• Statutory rape and other sexual crimes, child abuse, production of pornography, promoting or facilitating prostitution.
• Public outrage against public decency. Outraging modesty or morality, selling, distributing, or displaying songs, pamphlets, or other writings, figures contrary to good manners, marketing, importing and exporting, distributing, disseminating, or exhibiting pornographic materials.
• Homicide: simple or qualified
• Infanticide

Terms Applicable to Professional Education

1. Who are Education Professionals?

Persons holding the title of professor or educator, awarded by colleges, universities, or professional institutes. Also, all those legally qualified to practice the teaching profession and those authorized to perform it according to legal norms.

2. Functions of Professional Education

The teacher and teacher-directors, in addition to various technical-pedagogical support functions.

3. The Teaching Function

This is a professional-level function that directly carries out systematic processes of teaching and education, including diagnosis, planning, implementation, and evaluation of these processes and the general and supplementary educational activities taking place in preschool, primary, and secondary educational units.

4. Classroom Teaching

The direct personal action or statement made continuously and systematically by the teacher, inserted into the educational process. Classroom teaching time is a maximum of 45 minutes.

5. Non-Teaching Curricular Activities

These educational activities complement the classroom teaching function, such as educational administration, or additional ancillary activities to the teaching profession as such, head of course; co-programmatic and cultural activities, extracurricular activities, organizations or activities related to the school’s own shares, activities related to sector agencies or institutions that directly or indirectly impinge on education, and the like that are provided by a decree of the Ministry of Education.

6. The Teaching-Directive Function

This is a top-level professional function, based on teacher training and experience specific to the function. It deals with the management, administration, supervision, and coordination of education, which involves direct custody and additional liability for teachers, para-teachers, administrative, auxiliary or minor services, and for students.

7. Teacher Work Year

The period between the first working day of the month that starts the school year and the last of the month immediately preceding that in which the next school year begins.

8. Holders

Education professionals who join through a public tender after providing their educational background.

9. Contractors

Those who perform teaching duties that are transitional, experimental, optional, special, or replacing holders.

10. The Improvement Allowance

It aims to encourage the technical and professional development of the educator and consists of a percentage of up to 40% of the national minimum basic salary for staff that meets the requirement of approved programs, courses, or improvement activities of post-diploma or graduate school at the Training Center, Experimentation and Research, Higher education institutions which enjoy full autonomy for these purposes or in other public or private institutions that are duly accredited by the Center.

11. Allowance for Performance in Difficult Conditions

It is for education professionals who exercise their functions in establishments that are classified as difficult to perform in due to geography, marginalization, extreme poverty, or other similar characteristics. This allowance may reach up to 30% calculated on the relevant national minimum basic salary. The criteria for determining that an institution’s performance is difficult and thus gives rise to the payment of the allowance for performance under these conditions to their staff are:

• Geographical isolation, particularly adverse weather, distance, difficulties in mobilizing and communication regarding important urban centers of relevant administrative, economic, and cultural importance.
• Effective rurality: those that require the teacher to reside in a rural environment.
• The particular condition or impairment of the special type of population served: students and communities in extreme poverty, poor access, or uncertain urban areas.

12. The Role of the Teacher

This is a professional-level function that directly carries out systematic processes of teaching and education, including diagnosis, planning, implementation, and evaluation of these processes and the general and supplementary educational activities taking place in the educational units. It includes classroom teaching and non-teaching curricular activities.

13. Classroom Teaching

It is the direct personal action or statement made continuously and systematically by the teacher, inserted into the educational process. Classroom teaching time is a maximum of 45 minutes.

14. Non-Teaching Curricular Activities

Additional educational activities are those of the classroom teaching function.

15. The Management Function

This is a top-level professional function, based on teacher training and experience specific to the function. It deals with the direction, administration, supervision, and coordination of education and custody and responsibility involved on the direct additional teachers, para-teachers, administrative, or auxiliary services for children and students.

16. Technical-Pedagogical Teacher Services

These are top-level professional services, based on teacher training and experience specific to each function involved in supporting or complementary fields of teaching, such as educational and vocational guidance, educational planning, curricular monitoring, evaluation of learning, teaching, research, coordinating teacher development processes, and other analogous activities to be determined by decree of the Ministry of Education.

17. Teacher Work Year

It is the period between the first working day of the month that starts the school year and the last of the month immediately preceding that in which the next school year starts.

18. School Year

This period is defined according to the rules governing the school calendar and usually covers the period from March 1 to December 31 each year.

19. Academic Year

The period within the school year in which students attend classes and generally covers 38 weeks.

20. Improvement

Improvement programs, courses, or development activities and postgraduate degrees aim to contribute to improved teacher performance through the updating of knowledge related to their training or the acquisition of new techniques and media that signify a better performance of their functions. (This is for the purpose of payment or assignment of processing, for municipal, subsidized, or those receiving contributions from the state).

21. Scholarships for Improvement

This is the benefit of participation, without cost to the trainee teacher, in any of the programs, courses, or activities of post-processing or postgraduate degrees offered by the Ministry of Education through CPEIP, either directly or by agreement with third parties. The scholarship may be totally or partially covering tuition costs, food, lodging, tickets, or other personal allowance, as established by the respective call for nominations, and the duration will be determined there.

22. Holders

They are those who enter through a public contest after providing their educational background.

23. Contractors

They are those who carry out teaching that is transitional, experimental, optional, special, or replacing holders.

24. Transitional Functions

These require the appointment of an education professional only for a certain period, while the appointment of a holder, or as long as necessary services.

25. A Contractor Plays Experimental Teacher Work

When you need to implement a new curriculum or a new methodology or new audiovisual materials, for a specified time and whose outcome should be evaluated from a technical standpoint.

26. Optional Teacher Work

Those that play on subjects or activities that are of such qualification in the curriculum.

27. A Special Teacher Contract Work

When certain nonpermanent teaching activities must be developed that are not among those described in the preceding paragraphs.

28. Replacement Teacher Contract

When serving in an institution to supply another teacher who cannot perform their function regardless of the cause and duration of their absence. You must set the name of the teacher being replaced and the cause of their absence.

29. Provision of Education

The number of education professionals needed to address the number of hours of work in faculty positions, teaching management, and technical-education which requires the operation of the municipal sector establishments in the district.

30. The Endowment for Each Teacher in Schools

Set in November each year by the Department of Education Administration or by the respective Municipal Corporation for Education. In both cases, it will approve the allocations established by Resolution of the Mayor concerned. The provision of educational community must consider the aggregation of allocations of all educational institutions of the respective communities.

31. Experience Assignments

The experience allowance shall apply to the national minimum basic salary and is a percentage of it, according to years of service attesting to the professional teacher education, whose amounts correspond to 6.76% for the first two years and 6.66% for every two additional years, with a maximum of 100% for those professionals totaling thirty years of service. The procedure for accrediting biennia and recognition for purposes of payment of allowance shall be governed by Supreme Decree No. 264 Education, 1991. The allocation of experience that is enjoying the professional education sector of the Municipal always keep in case of destination, a competitive exchange or designated to enter the same or another provision of educational.

32. Improvement Allowance

The improvement allowance is applied to the national minimum basic salary and is a percentage of up to 40% of the remuneration, having approved programs, courses, or development activities, post-diploma or graduate, enrolled in the Public Registry of Training Center, Experimentation, and Pedagogical Investigations. The objective of the assignment is to encourage further improvement of the technical and professional educator, as stated in point.

33. Allowance for Performance in Difficult Conditions

The allowance for performance in difficult conditions is applied to the national minimum basic salary and is a percentage of that up to 30% are entitled to education professionals who perform their duties in educational establishments that are classified as difficult to perform because of their geographic isolation, effective rurality, extreme poverty, access difficulties, and insecurity in urban areas or communities to address students or bilingual or bicultural.

34. Managerial and Technical-Pedagogical Responsibility Allowances

The managerial and technical-pedagogical responsibility allowances are applied to the national minimum basic salary and are a percentage of that up to 20% and 10% respectively, to be payable to the educational professionals who serve senior. The allocation of managerial responsibility, up to 20%, corresponds to those professionals who hold positions higher education for teaching duties directives. The percentage to be entitled to receive professional education shall be related to enrollment of the school and the internal hierarchy that such charges are in it.

35. The Rules

Educational establishments in the municipal sector, and establishing internal regulations to be adopted and become known to the school community, so that each holder of established and updated at least once a year. The modifications and/or adjustments as appropriate, be adopted and be known just as established in the preceding sentence and must begin to take effect next school year count. The Regulations and any changes should be reported to the relevant Provincial Education Department.

36. The Rules Should Include, at Least, the Following Subjects:

• General teaching technical nature, including those relating to the Councils of Teachers.
• Rules on technical and administrative structure and general operation of the establishment.
• Rules on risk prevention, hygiene, and safety.

37. The Working Day

The working day of professional education is expressed in hours, not exceeding 44 hours time-weekly for the same employer, whatever the nature of the teaching function they perform.

38. Weekly Classroom Teaching

Not to exceed 33 hours chronological, excluding breaks, when the teacher has been appointed to a working week of 44 hours of chronology. The remaining time should be spent on teaching non-curricular activities.

39. Contract for Professional Education in the Private Sector

Regulations governing labor relations between education professionals and employers in particular sectors and those paid and subsidized establishments existing in technical-vocational secondary education whose administration is governed by Decree Law No. 3166, 1980, subject as stated in Article 6 and 7 of this Regulation, which gives primacy to the Labor Code in the private sector. Industrial relations referred to the regulations in this part shall be private law and governed by the Labor Code. The employment contracts in force as of December each year shall be extended for the months of January and February or the period between that month and the day before the start of next school year, provided that the professional education is more than six months continuous service with the same employer. The value of the time agreed in the contracts may not be less than the current national hour minimum set by law. Education professionals who work in subsidized private educational institutions will also be entitled to the allocation of performance in difficult conditions when the establishment in question is classified as such according to law. This assignment will be additionally funded to the value of the respective state grant.

40. Termination of Employment Contract

The employment contract of professional education, ending with the grounds stipulated in the Labor Code, objective, subjective needs of the company and those laid down in article 10 of this Regulation. (The disqualifications AND ART 4 Law 19,079). However, if the employment contract ends on the grounds of Art. 161 of the Labor Code, the employer must pay in addition to compensation for years of service, one additional equivalent of the total remuneration that would have been entitled to receive if the contract has lasted until the end of the current work year. However, the employer may terminate the contract by any of the grounds set forth therein, provided that termination of service becomes effective the day before the first month in which classes begin in the next school year and notice of such eviction are issued with no less than sixty days prior to that date. This shall constitute an option for the employer, if that does not meet the requirements not produce any effect, and in such circumstances the contract will remain valid.

41. Collective Bargaining in the Private Sector

The professional education establishments paid or subsidized private education have the right to bargain collectively under the rules of the private sector. If a holder of subsidized private establishment hires indefinitely to all education professionals who serve there, and at least the remunerated according to standards established by Law No. 19,070, for the municipal sector, the parties may by mutual agreement, exclude the establishment of the collective bargaining mechanism. Without prejudice to point out the general rule of Art. 63 of the regulation which states: education professionals who work in the municipal sector will not affect the rules on collective bargaining.

42. Teacher Salaries

They consist of base pay, called national minimum basic salary (RBMN), from which calculated the allocations referred to in the teachers’ statute. Additionally, these salaries have joined other bonuses as an incentive, some of which are competition and are related to both individual and professional performance with the results of educational management of the establishment.

43. National Minimum Basic Income

It is the product obtained by multiplying the minimum value of chronological time fixed by law for the number of hours for which each teacher has been hired. The value of the time agreed in the contracts may not be less than the current national hour minimum set by law for teachers in primary and secondary education. The RBMN also provides a basis for calculating allocations of experience, refinement, performance, and accountability difficult. Beneficiaries: 1. Municipal sector teachers. 2. Private Sector Funded Educators. 3. Teachers’ professional technical education establishment run by private corporations profit, according to the provisions of Decree Law No. 3166, 1980. 4. Private Sector Paid Lecturers.

2009 Teacher Salaries

National minimum basic salary

Teaching hour Basic Value:

• Value Time: $9,200
• Value for 30 hours: $276,000
• Value for 44 hours: $404,800

Value teaching hour Average:

• Value Time: $9,681
• Value for 30 hours: $290,430
• Value for 44 hours: $425,964

Teaching Minimum Income

• Hour value $12,245
• Value $538,770 – 44 hours

Professional Recognition Bonus

• Base Value $34,091
• Mention $11,364
• (Year 2009) $45,455

Professional Improvement Unit

• 30 hours $8,768

44. Experience Allowance (Biennium)

It is a monetary incentive that is applied to the RBMN determined by law and is calculated as a percentage of it. BENEFICIARIES. A. – Teacher of the Municipal Sector. B. – Teachers Private Sector Funded under the DL No. 3166, agreement on permanent contracts and excluded from collective bargaining, through an educational institution. AMOUNT. First two years of service: 6.76% of RBMN. Each additional two years: 6.66%, reaching 30 years of service capped at 100% RBMN. OBSERVATIONS. Is computable time served in public education and private schools. The % given is kept in case of destination, a competitive exchange or designated to enter the same or another provision of educational.

45. Experience Assignment in Difficult Conditions

It is for teachers working in schools classified as Difficult Performance, for reasons of geography, marginalization, extreme poverty, or other characteristics are similar. Biannual lasts. Establishments Recipients are selected by the respective SEREMI. BENEFICIARIES. Teachers Municipal Sector. Private Sector Funded Teachers. Amount Up to 30% of RBMN. Note. The criteria for determining that a facility is declared difficult performance and thus give rise to the payment of the allocation of its staff, are: geographical isolation particularly adverse weather, distance, mobilization, and communication difficulties on important urban centers of relevant administrative, economic, and cultural. Rurality effective: those that require the teacher to reside in a rural environment itself. The special condition of impairment or particular type of population served: students and communities in extreme poverty, access difficulties, and insecurity in urban areas, students or bilingual or bicultural communities.

46. Managerial and Technical Education Responsibility Allowances

Teachers who hold positions for managers and technical-pedagogical educational institution. Beneficiaries. Municipal Sector Professors, Teachers Private Sector Funded under the DL No. 3166, agreement on permanent contracts and excluded from collective bargaining, through an educational establishment. Amount. As of Feb. 2005. Directors: up to 25% of Chief Executives and Other RBMN UTP: up to 20% of the Technical-Pedagogical Responsibility RBMN: Up to 15% of RBMN COMMENTS “The precise amount is determined by the holder according to enrollment and the internal hierarchy of management and technical-pedagogical. The allocation is determined by the registration and establishment hierarchy with each of the charges of professional technical and managerial responsibility within the establishments.

47. Recognition Bonus Allocation of Title or Business

Reclamation recently created by Law No. 20,158, as of January 2007. Its value will be paid according to the mechanism established by law and will be gradually increased each year between 2007 and 2010, reaching a total amount of $64,172 by 2010, depending on whether the teacher has only title (have only right to base component) or if this is coupled with a reference (associated with its title or sub-sector learning or education level).

• 2007: Base $14,439, Mention $4,813, Total $19,252
• 2008: Base $26,471, Mention $8,824, Total $35,295
• 2009: Base $34,091, Mention $11,364, Total $45,455
• 2010: Base $48,129, Mention $16,043, Total $64,172

To qualify for this bonus, education professionals must be in a position to prove the title of professor or educator awarded by a university or professional institute of the State or accepted by him, with a curriculum of at least eight semesters. This benefit is taxable, taxable and will be readjusted in the same timing and percentage of additional subsidy unit (USE). Beneficiaries. Municipal.Educadores Teachers Sector Private Sector sector Subvencionado.Maestros DL No. 3166. Amount. The Professional Recognition Bonus is paid in proportion to hours of contract or appointment with a top of 30 hours per week and will gradually replace the Professional Improvement Unit (UMP):

• The 2007, 25% of the value of the UMP.
• The 2008, 33% of the value of the UMP.
• The 2009, 50% of the value of the UMP.
• The 2010, 100% of the value of the UMP.

Note. High School educators and teacher educators, teachers will be considered honorable mentions.

48. Bonus of Excellence

Aimed at subsidized educational establishments classified as excellent performance according to the National Performance Evaluation SNED besides those engaged in the Division of Planning and Budget, MINEDUC, every two years. Beneficiaries. Educators Municipal Sector, Private Sector Funded Teachers. Amount Subsidy calculated according to average attendance, expressed in Special Grant Unit (USE), whose delivery to teachers is done in the months of March, June, September, and December. Observations. Paid in proportion to the hours designated or contracted. Not considered for the calculation of total compensation or the Minimum Income Monthly Teachers. Exceptions to this benefit teachers in the municipal sector, with poor rating or subjected to administrative proceedings. In the latter case, they’ll be retroactive payment if they are acquitted or dismissed. The maximum number of establishments classified as excellent, can not exceed 25% of the regional register.

49. Strengthening Education

Allowance to benefit teachers in subsidized conducting educational activities to reinforce and support students who have obtained classified as poor school performance, considering mainly the schools whose students have higher levels of social risk. Beneficiaries. Educators Municipal Sector. Private Sector Funded Teachers.

50. Allocation of Educational Excellence

Taxable and tax allocation that is accrued monthly and paid semi-annually in June and December each year for classroom teachers that are certified as teachers of excellence. Beneficiaries. Teachers Municipal Sector. Subsidized Private Sector Educators. Teachers sector DL No. 3166. Observations. The cycles not related to the first basic cycle gradually and smoothly as will access future budget laws. The flights are the number of nomination biennia. The assignment of the year nomination accrues from March and paid in one installment in December of that year. Could only be perceived by a college which has more seniority or more hours. There are proportionately entitled to payment if the beneficiary ceases temporarily or permanently in their classroom functions. The maintenance requires an assessment of the benefit applies when the system becomes effective Teaching Performance Assessment.

51. Special Bonus Lecturer Rural Schools

Monthly bonus, taxable income and taxable income for subsidized schools teaching staff rural designation, contract or performance of time-44 hours per week, and, if lower, the corresponding proportion. Beneficiaries. Teachers Municipal Rural Sector. Private Sector Funded Rural Teachers. Rural Holder who qualifies under Regulation. Note .- The condition of rural head teacher or supporter will be recognized by the SEREMI. Not considered in determining the Total Compensation Monthly (RTM) or Minimum Income Teachers (IMD).

52. Assignment of Teachers Teachers Network

It is a program of teaching support provided by the Ministry of Education, which aims to strengthen the teaching profession, through the use of professional skills previously certified as teachers of excellence, as outlined in the previous section, through its contribution professional development of all classroom teachers. Beneficiaries. professionals who meet the requirements of Article 16 of Law No. 19,715 and to participate actively in the network. Observations. This assignment corresponds to a character additional taxable, not taxable, paid quarterly while the Effective teachers maintain its accreditation.