Article 40. This hereby establishes, starting January 1, 1981, for teaching staff who work under the Ministry of Public Education, governed by 1978 decree-law 2,327, a special, non-taxable allowance of the percentages determined according to the salary scale, to be applied to each person’s base grade salary, teaching allowance and allowances of 1978 decree-law 2,411, as applicable: Preschool, general primary, special or differential and secondary education, teachers of higher education, and teachers per se, 90 percent Personnel not holding university degrees, 50 percent In the years 1981 through 1984, the amount of the allowance given to teaching personnel under this article will reduce, by the percentage reduction specified under Article 37, the allowance granted under Article 36 to non-teaching staff of the Ministry of Public Education who are part of the Single Salary Scale. This reduction shall be eliminated at the same rate as the reduction of the Article 36 allowance.48 A.1.3. Procedural rules 48. The July 6, 1978 Labor Code, Law 18,620, was in effect at the time the different proceedings against the municipalities were taking place. It contained the following provision on execution of judgment: Article 433. In labor cases, the execution of judicial decisions shall be subject to the provisions of Chapter XIX of Book I of the Civil Procedural Code, with the following amendments: (a) the ancillary proceedings set forth in articles 233 and following of the Civil Code may be undertaken so long as they address the originating trial court to seek compliance with a judgment, within 60 days of the time the decision became enforceable; (b) notice on judicial decisions shall be served by the officers indicated in subparagraph two of Article 400, with the exception of decisions that are to be notified in the daily report; (c) when immovable goods are to be attached, the officer responsible shall assess a reasonable price for them and record it in the official report of the proceeding. These goods may not be sold at first auction for a price less than 75 percent of the assessed price. If attached goods are not sold, they will be offered in a second auction with no price minimum. The execution creditor may take part in the auction under the conditions described above and may award the attached property to himself or herself as payment, and (d) the process servers and the court employee that the judge designates in each case shall be the officers empowered to conduct the attachment and other enforcement proceedings. Article 434. The collection proceedings arising from labor matters shall be governed, as relevant, by the provisions of chapters I and II of Book III of the Civil Procedural Code with the amendments set forth in letters (b), (c) and (d) of the above article.49 49. The Civil Procedural Code, referenced in the Labor Code, stated: Article 233. When a request for execution of judgment is lodged with the issuing court within one year of the date when execution became enforceable, if the law does not provide for some other special form of compliance, execution orders shall be given, with a summons to the person against whom it was ordered. The legal representative of the party shall be served notice of this decision, by certified letter. The authenticating officer who serves notice shall send the certified letter described in Article 46, both to the legal representative and to the party. The letter to the party should be addressed to the domicile where notice of the suit was served. If execution of the verdict is requested against a third party, that party shall also be served notice personally. The one-year term shall be figured, in judgments ordering regular payments of benefits, from the time each benefit became enforceable, or the final payment of those being collected.50 A.1.4. The enforcement measure Decree-law 3,551, setting regulations on public sector compensation and personnel, January 2, 1981 (evidence file, folio 10507). 48 Labor Code of Chile, Law 18,620 https://www.bcn.cl/leychile/navegar?idNorma=30011. 49 50 of July 6, 1987, available Civil Procedural Code of Chile, Law 1,552, Book I, section XIX (evidence file, folio 3087). 17 in Spanish at

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