- TIME ALLOCATION OF SERVICES.
- SUBSIDY AND FUNERAL MOURNING.
- BONUS OF 30% FOR CLASS PREPARATION
TEACHERS OF COMAS, Carabayllo, STONE BRIDGE, AND LIMA CALLAO.
YOU KNOW. FACT THAT ONLY THE COURTS EXERCISING THE LABOR LAW ENFORCEMENT OF OUR LISTED EVEN IN OUR CURRENT LAW AND 25212 24029, LAW FACULTY, WE CAN ACHIEVE OUR INCREASED COMPENSATION TO TEST CALL:
1 .- SERVICE TIME BONUS
A. - SALARIES ARE ENTITLED TO TWO INTEGRA OR TOTAL:
MEET THE TEACHERS TO 20 YEARS OF SERVICE AND TEACHERS TO MEET MEN 25 YEARS OF SERVICE.
How much would BOTH INTACT WAGES?
RESPUESTAPTA: If the teacher has a monthly salary of S /. 1,200.00, would be up S /. 2,400.00.
B. - ARE ENTITLED TO THREE INTEGRA OR TOTAL COMPENSATION
THE TEACHERS TO MEET WOMEN 25 YEARS OF SERVICE AND TEACHERS TO MEET MEN 30 YEARS OF SERVICE.
How much would THREE wholly remunerated?
ANSWER: IF YOU HAVE A MONTHLY PAYMENT S / 1,200.00, THE SAME AS tripled / 3, 600.00
LEGAL BASIS ON WHICH WE COVERED THIS RIGHT TO DEMAND:
- The Article 52 of Law Teacher - Law No. 24,029 (as amended by Section 1 of the Law No. 25212) states that teachers are entitled to receive two salaries intact upon reaching 20 years of service women and 25 years of service the man and three pay intact, on completing 25 years of service women and 30 years of service men.
- The Article 213 of the Rules of the Law Faculty - Supreme Decree No. 19-90-ED states that "The teacher is entitled to receive two salaries integrity in carrying twenty (20) years of service women and five (25 ) years of the male, and three wholly remunerated service to celebrate twenty-five women and thirty (30) years of service men. This benefit will become effective the month that has this time, and is not outweighed by any reason the following month. The breach of this provision implies administrative responsibility. "
- As you can see, teachers are entitled to receive two salaries integrity to meet certain length of service, whether male or female.
2 .- GRANT FOR MOURNING AND BURIAL
TWO GRANT TOTAL COMPENSATION FOR MOURNING THE DEATH OF YOUR SPOUSE FATHER AND MOTHER.
CREDITORS OF THREE WILL GRANT TOTAL REMUNERATION, the spouse, children, parents or siblings THE DEATH OF PROFESSOR.
LEGAL BASE
Article 51 of Law DELPROFESORADO .- Professor is entitled to an allowance for mourning the death of a spouse, the equivalent of two salaries or pensions, and subsidies equivalent to remuneration or pension for death of father and mother. Upon the death of the teacher, active or pensioner, the spouse, children, parents or siblings, in an exclusive manner, are entitled to an allowance of three salaries or pensions. (* In accordance with Article 1 of Supreme Decree N º 041-2001-ED published on 19.6.2001, states that the remuneration referred to in this article should be understood as total compensation, as required in the definition contained in Supreme Decree N º 051-91-PCM.)
3 .- SPECIAL BONUS PREPARATION FOR CLASS MONTHLY EQUIVALENT TO 30% OF THE TOTAL COMPENSATION
EXAMPLE: IF YOU. WIN S / 1,000.00 MONTHLY, THE 30% OF THAT AMOUNT WOULD S / 300. ° · NEW SOLES, REMEMBER THAT DATE, YOU. Receives an average of S / 17 NEW SOLES FOR SUCH CIRCUMSTANCES.
legal bases THIS RIGHT
1 .- Article 48 .- The teacher is entitled to special monthly bonus for lesson preparation and evaluation of 30% of your total compensation. 2 .-
JUDGEMENT ON FILE AP No. 438-2007-OF THE SUPREME COURT AND SOCIAL JUSTICE SUPREME COURT OF THE REPUBLIC OF 07 SEPTEMBER 2007.
By this constitutional guarantee (Acción Popular) is declared unconstitutional by Supreme Decree 008-2005-ED, which stated that the benefits conferred by Articles 51 and No. 52 of the Law Faculty, should be a function the Permanent Total Compensation.
4 .- Constitutional Court ruling
Here are some SENTENCES OF THE CONSTITUTIONAL COURT TO ACKNOWLEDGE THAT THE TIME FOR DISCOUNTS SERVICES, OR FOR GRANT OF MOURNING AND BURIAL WILL BE PAID IN FUNCTION A TOTAL COMPENSATION BUT NOT ON PERMANENT TOTAL COMPENSATION.
is necessary to warn that thousands of teachers who were paid according to permanent and total compensation not timely appealed to counter the unfair payment, have the open way to apply debits to reinstate them, even if they passed months or years, the Constitutional Court itself repeatedly stated that these statements are of food subsidies, can be prescribed at the time but do not expire in the right
REWARD FOR 20 YEARS OF SERVICE FOR ENCARNACION FLORES DE VILLAVICENCIO of Tacna. EXP. 0715-2005-PA/TC No.
EXP.N. ° 0715-2005-PA/TC Tacna-Moquegua
ENCARNACION FLORES
VILLAVICENCIO
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Puno, on the 30th day of March 2005 , the Second Chamber of the Constitutional Court with the assistance of judges Lartirigoyen Bardelli, and Landa Arroyo Ojeda Gonzales, made the following statement
SUBJECT
special appeal filed by Dona Encarnacion Flores Villavicencio against the ruling of the Civil Superior Court of Justice of Tacna, on pages 149, the date October 7, 2004, which overruled demand under cars. BACKGROUND
On September 2, 2002, plaintiff brought the claim for protection against the Regional Director of Education Tacna, asking that he restore the right to receive two total compensation or reward on account of integrity about to turn 20 years of service in the Education Sector, since, through Executive Resolution No. 001464, he has cut that benefit to be granted an amount equivalent to two permanent total compensation. Is that payment of the bonus which claims must be based on total compensation or complete, in accordance with Decree Supremo No. 041-2001-ED and not based on permanent total compensation.
The notice and the Public Prosecutor in charge of judicial affairs at the Ministry of Education, regardless, answered the complaint, noting that the benefit conferred on the appellant has been calculated based on permanent compensation, as provided in Supreme Decree . No. 051-91-PCM. They also express that this process is the best way to ventilate the applicant's claim. Also propose the exception of non-exhaustion of administrative, emergency revocation and prescriptive.
Prime Special Civil Court of Tacna, Moquegua, dated January 12, 2004, upheld the objections of non-exhaustion of administrative review and revocation, dismissed the exception of the prescription and inappropriate demand.
The appeal upheld the appeal, on the same grounds. BASICS
1. The plaintiff claims that he paid two or intact total remuneration by way of reward for having completed 20 years of service in the Education Sector, in accordance with Article 52 of Law Teacher.
2. Through the Regional Executive Resolution No. 004179-2001, is credited to the appellant the benefit cited above, but for the calculation of the reference is taken as permanent total compensation, regulated by Supreme Decree 051-91-PCM.
3. The records show that the appellant challenged in administrative Regional Executive Resolution cited above, it was confirmed by Resolution No. 488-2001-CTAR-TAC, dated December 13, 2001, and that the resource review filed against it was dismissed by the Regional Executive Resolution No. 205-2002-CTAR-TACAN, dated May 21, 2002, thus drying up the administrative, why the objection of failure to exhaust the management must be rejected.
4. The exception of prescription, expiration formerly must be rejected, since in this case located recognizes the applicant's right to enjoy the reward for having completed 20 years of service to the State, but in this process discussed the amount of such benefit, which is why this school considers that aggression has claimed constitutional character of continuing to apply Article 44, subsection 3) of the Code of the Constitution.
5. As it has established this college in Judgement No. 1367-2004-AA/TC, according to Article 52 of Law No. 24029, and 213 of Decree Supremo No. 019-90-ED, Regulation of the Law Faculty, the benefit claimed by the plaintiff is awarded compensation based on integrity, and this has been clarified by the Supreme Decree N ° 041-2001-ED to establish the remuneration referred to in the second paragraph of Article 52 of Law No. 24029 should be understood as total compensation, which is regulated by Supreme Decree 051-91-PCM.
6. In this regard, the bonus for 20 years of service time claiming the plaintiff should be awarded based on total compensation and not on the basis of permanent total compensation. For the reasons
exposed, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED
declared unfounded the objections raised.
upheld the claim for protection here.
order the site that the appellant paid the bonus for 20 years of service, total compensation equivalent to two or intact, less of what had already received for this item.
published and notifíquese.
SS. Bardelli
Lartirigoyen
GONZALES OJEDA
LANDA ARROYO
Gratuity 25 YEARS OF SERVICE FOR CCOILLO ATOCSA TERESA DE ICA. EXP.
2767-2003-AA/TC No.
EXP. ICA No. 2767-2003-AA/TC
TERESA CCOILLO ATOCSA
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Ica, on the 12th day of December 2003, the First Chamber of the Constitutional Court, composed of Honorable Judges Alva Orlandini, President, Bardelli Lartirigoyen and Ojeda Gonzales, made the following statement
SUBJECT
extraordinary appeal by Mrs. Teresa Ccoillo Atocsa against the decision of the Civil Chamber of the Superior Court of Justice of Ica, on pages 108, date July 18, 2003, that quashed all proceedings and terminated the process.
BACKGROUND On December 20, 2002, the plaintiff brought an action for amparo against the Regional Directorate of Education Ica, are declared inapplicable to the Regional Director's Resolution No. 1311, the Regional Presidential Resolution No. 0578 -2002-CTAR-ICA/PE and Supreme Decree 051-91-PCM, claiming that having completed 25 years of service was calculated to receive benefit on the basis of his permanent total compensation, and not their full pay. He claims that under Article 52 of Law Teacher, No. 24029, entitled to the benefits mentioned is calculated on the basis of their salaries intact, which has been confirmed by the Supreme Decree No. 041-2001-ED.
The demand answers located requesting that it be declared unfounded, arguing that the challenged rulings were issued in accordance with law and shall, on the other hand, the Ministry of Justice has opined that the Supreme Decree No. 041-2001 -ED is applicable from June 19, 2001, so it can not be applied retroactively to the plaintiff.
The Public Prosecutor in charge of Legal Affairs of the Ministry of Education seeks a declaration unfounded claim, alleging that the applicant's claim is baseless, since Article 9. Decree No. Supremo N. 051-91-PCM provides bonuses and benefits paid to servers are calculated on the basis of permanent total compensation.
The Third Civil Court of Ica, dated March 25, 2003, said the claims unfounded, arguing that the writ of amparo is not the appropriate venue for the case, but the administrative litigation.
appeal quashed the entire proceedings and terminated the process, arguing that under the action had expired. BASICS
In this action has not been configured expiration causal, since the demand was filed within 60 working days subsequent the date of issue of the Regional Presidential Resolution No. 0578-2002-CTAR-ICA/PE, by which it is taken for exhausting administrative remedies.
The applicant has requested that the recognition of the benefit payment awarded for having completed 25 years service on the basis of their total compensation, as dictated by the Law Faculty and its Regulations.
Article 52 of Law No. 24029, as amended by Law No. 25212, and 213 ° of Supreme Decree 019-90-ED, Faculty of Law and Regulations, respectively, provide that benefit conferred and claimed by the applicant is granted on the basis of remuneration of integrity, a situation having been defined by Supreme Decree No. 041-2001-ED, noting that the compensation to which the second paragraph of Article 52 of Law No. 24029 total remuneration should be understood as regulated by Decree Supremo N. 051-91-PCM.
Therefore, the bonus for length of service claimed by the applicant should be granted based on total compensation and total compensation not permanent.
For these reasons, the Constitutional Court, in exercise of the powers conferred by the Constitution of Peru and its Organic Law, REPEALING FAILURE
appeal declaring the forfeiture action, the nullity of all proceedings and terminated the process and reforming it, hereby support the claim, therefore, inapplicable to the applicant Regional Executive Resolution No. 1311, the Regional Presidential Resolution No. 0578-2002, CTAR- ICA / PE and Supreme Decree 051-91-PCM, while it must work to pay the benefit claimed on the basis of total compensation. Provides for notice to the parties, its publication according to law and the return of actuated.
SS. Bardelli
Alva Orlandini
Lartirigoyen
GONZALES OJEDA
Constitutional Court ruling which establishes the constitutional legality of the DS N º 041-2001-ED
The Constitutional Court in two decisions, as the case of File No. 0752-2004-AA/TC (see his text at the end) - has made it perfectly clear the constitutional legality of the DS N º 041-2001-ED and its harmony with Law No. 24029 when he sentenced hundreds of cases and poor left standing Directorial Resolutions and Opinions of MEF Budget supporting its repeal, for which the teachers reject this arbitrary and this discrimination, the professor said Quiroz.
He said also that the principle of hierarchy of norms established in Article 51 of the Constitution of the Faculty of Law No. 24029 is above the DS N º 051-91-PCM. Similarly, señaló, que aún en el caso que entren en conflicto la definición de “Remuneración Integra” establecida en la Ley Nº 24029 y la de “Remuneración Total” y la de “Remuneración Total Permanente” el art. 26º de la Constitución Política ordena la aplicación del Principio de Interpretación Favorable al Trabajador.
Los maestros debemos combatir contra este recorte de Derechos señalaron ambos dirigentes magisteriales y desenmascarar los criterios inconstitucionales, ilegales y antimagisteriales del gobierno de Toledo.
SUBSIDIOS POR LUTO A FAVOR DE ALEYDA YALENY HOLGUÍN ÁLVAREZ DE AREQUIPA. EXP. N º 0752-2004-AA/TC
EXP. AREQUIPA
No. aleyda YALENY 0752-2004-AA/TC HOLGUÍN ALVAREZ
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, on March 25, 2004, the First Chamber of the Constitutional Court judges attended by Alva Orlandini, Gonzales Ojeda and Garcia Takes, made the following statement SUBJECT extraordinary appeal lodged by Ms Alvarez Holguín Aleyda Yaleny against the decision of the First Civil Chamber of the Superior Court of Justice of Arequipa, on pages 135, date January 26, 2004, which declared dismissed the action under cars. BACKGROUND
On December 20, 2002, the plaintiff brought an action for amparo against the Regional Director of Education of Arequipa, requesting that it declare inapplicable Executive Resolution 01254-97 No-USE-AS, under which he was granted benefits mourning burial expenses for the death of his mother, on the basis of permanent total compensation, and the Executive Resolution No. 6431, October 4, 2002, overruled his motion for reconsideration, and that therefore it pay allowances claimed compensation taking into account two complete, as provided by Law Faculty and its Regulations, and permanent total compensation not referred to Supreme Decree N. 051-91-PCM.
The notice and the Public Prosecutor in charge of judicial affairs at the Ministry of Education independently answer the demand, saying they complied with the bonus pay and allowances claimed, in accordance with Articles 8 and 9 of the Supreme Decree . No. 051-91-PCM, and thus has not violated any constitutional right. The Ninth Special Civil Court of Arequipa, dated April 7, 2003, upheld in part the application to the extent that requesting payment of subsidies given full pay or total, and out of order the end is requested to pay S /. Whereas 2,378.48 It closed out above. The appeal, quashing the appeal, dismissed the suit, arguing that there has been establishing the exhaustion of administrative review and has resulted in the revocation of the action. BASICS
1. In this case, it was not necessary for the applicant to exhaust the administrative route, given that his claim is of a food. On the other hand, demand has been filed within the period prescribed in Article 37 of Law No. 23506.
2. Under Article 51 of Law No. 24029 (Law Faculty) and Articles 219 ° and 222 ° of Supreme Decree 019-90-ED, Regulation of this law, the claimed benefits are awarded based on total compensation or pension pertaining to the month of death of the teacher, and this has been clarified by the Supreme Decree No. 041-2001-ED, noting that the concept full remuneration referred to the above items must be understood as total compensation, which is regulated by Supreme Decree No. 051-91 - PCM
3. Consequently, subsidies for mourning and funeral expenses are claimed should be granted on the basis of total compensation, and not based on permanent total compensation. For these reasons, the Constitutional Court with the authority conferred Political Constitution of Peru
RESOLVED
declared the amparo and consequently, inapplicable to the applicant Directorial Resolutions No. 01 254-USE-AS and 6431, ordering the payment of allowances claimed on the basis of remuneration total for the date of death of Dona Carmen Álvarez Adriana Carpio.
presents notified and published.
SS. Alva Orlandini
OJEDA GARCÍA GONZALES TAKES
GRANTS and burial expenses MOURNING THE DEATH OF HIS FATHER AND MOTHER, AND THE BONUS FOR HAVING COMPLETED 30 YEARS OF SERVICE FOR Baudilio RODRIGUEZ DE GUZMAN FREEDOM. EXP. 1249-2003-AA/TC
No.
EXP. No. 1249-2003-AA/TC
FREEDOM Baudilio
GUZMÁN RODRÍGUEZ
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, on the 19th day of December 2003, the Second Chamber of the Constitutional Court, with the assistance of Bardelli Lartirigoyen Honorable Judges, President, Rey Terry and Revoredo Marsano, made the following statement
SUBJECT
Extraordinary appeal lodged by Mr. Baudilio Rodriguez Guzman against the decision of the First Civil Chamber of the Superior Court of Justice of La Libertad, on pages 171, date March 31, 2003, which overruled action under cars.
BACKGROUND On July 4, 2002, the plaintiff brought an action for amparo against the Regional Director of Education Freedom and the President of the Transitional Regional Administration of La Libertad, in order to declare the inapplicability Directorial Resolution No 02035, Presidential Executive Resolution No. 160-2000, CTAR-LL, which upheld the Regional Director's Resolution No. 4314, and Report No. 331-2001, DIRELL-OA-CEF in under which he was awarded in diminutive form of subsidies for mourning and burial expenses for the death of his father and mother, and the bonus for having completed 30 years services on the basis of permanent total compensation. Argues that according to Articles 51 ° and 52 ° of the Law Faculty and 213 of its Regulations, it is for the payment of defendants concepts given full pay.
The demand placed answer stating that they have complied with the bonus pay and allowances claimed by the applicant in accordance with the provisions of Articles 8 and 9 of the Supreme Decree 051-91-PCM, and not has violated any constitutional right. Also propose the modification of non-exhaustion of administrative review and revocation.
Fifth Special Civil Court of Trujillo, dated October 9, 2002, dismissed the action, finding that no violation of any constitutional right.
The appeal upheld the appeal, holding that the challenged rulings were issued according to law. BASICS
1. The purpose of this application is to be declared inapplicable to the applicant's Directorial Resolution No 02035, Presidential Executive Resolution No. 160-2000, CTAR-LL, which upheld the Regional Director's Resolution No. 4314, and the Report No. 331-2001-DIRELL-OA-CEF, under which he was awarded in diminutive form of subsidies for mourning and burial expenses of his father and mother and bonus for having completed 30 years of service, based on permanent total compensation.
2. In accordance with Articles 51 ° and 52 ° of Law N ° 24029, Law Faculty, the teacher is entitled to a bereavement allowance equivalent to 2 pay, to another for burial in the same equivalence for each of the parents who died as a bonus for having completed 30 years of service, pay up to three intact, all of which has been clarified by the Supreme Decree N ° 041-2001-ED, noting that the full remuneration referred to the above items must be understood as total remuneration, which, in turn, is regulated by Supreme Decree No. 051-91 - PCM.
3. So the bonus and bereavement benefit claimed by the applicant should be granted based on total compensation and not on the basis of permanent total compensation.
For these reasons, the Constitutional Court, in exercise of the powers conferred by the Constitution of Peru and its Organic Law
FAILURE REPEALS appeal, confirming the appeal, dismissed the claim, and, as amended, declares FOUNDED: consequently, the plaintiff ordered the inapplicability of Directorial Resolution No 02035, the Executive Presidential Resolution No. 160-2000, CTAR-LL which upheld the Regional Director's Resolution No. 4314, and Report No. 331-2001, DIRELL-OA-CEF, while it must pay the bonus and bereavement and death benefits claimed on the basis of total compensation, and confirms in others it contains. Provides for notice to the parties, its publication according to law and the return of actuated.
SS. Bardelli
Lartirigoyen
TERRY KING
Revoredo Marsano
SOURCE.: SUTE CONARE CALLAO AND SOME SCOPE OF SECTOR XII CONARE.
HOURS 6.30 am to 9 pm. DAILY MONDAY WEDNESDAY AND FRIDAY, AND ON THE MORNING OF 9 am to 12 pm Tuesday and Thursday, CONTACT THE 990783540.
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