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June 26, 2023In force

Ministerial Agreement 0466-SE-2023

Poder Ejecutivo

  • Published: June 26, 2023
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,265
  • Category: Labor

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This agreement creates a special regime for Educational Instructors of the Honduran Community Education Program (PROHECO), regulating their rights, obligations, and working conditions. It establishes requirements such as education degrees, job stability, social security benefits, vacations and leaves, and defines termination causes and disciplinary sanctions to ensure quality education in rural areas.

Considerations

Whereas the subject of education is considered at both national and international levels a priority challenge for the governments of countries around the world, since the Economic Development of a country depends on it. This challenge lies in the great unmet educational demands due to the insufficiency of resources and the need to offer quality education that responds to the characteristics and expectations of society as well as the country's culture, a concern that we make our own as an institution, our mission is to guarantee quality educational services for all children, youth and adults in accordance with the needs of human development, taking advantage of citizen participation in the formation and administration of the provision of educational services, in this situation.

Whereas the Secretariat of State in the Department of Education through the Honduran Program of Community Education (PROHECO) places in the hands of the Honduran community and specifically with the participants in institutional management the position of Educational Instructor PROHECO, Departmental Coordinators, Financial Administrative Assistants, Promoters in Educational Management and Administrative Personnel of the Central Unit, which will contribute to the achievement of its functions and tasks aimed at improving the quality of the Educational System of Honduras.

Whereas the defense of the human person and the respect for their dignity are the supreme purpose of society and the State, as indicated in Article 59 of the Constitution of the Republic. Everyone has the obligation to respect and protect it.

Whereas the Honduran Program of Community Education (PROHECO) emerges as a strategy of the Government of Honduras, financed through AIF credit 2694-HO: "Basic Education Improvement Project", to provide educational services in distant rural areas lacking such services with the direct participation of parents of families in the administration of educational services.

Whereas as of the month of March of the year 1999, the Honduran Program of Community Education (PROHECO) began its activities and by the end of November of that same year it already had a presence in more than 500 communities. Said Program provides educational services with greater efficiency, equity and quality from the pre-school level through the third cycle of basic education. In this context and in accordance with government strategies, the Executive Branch issued on May 25 Agreement No. 008-98, for the creation of this program, to expand educational coverage and quality through the generation of a management model for educational services through community participation that offers the rural population with greater social needs and educational weaknesses access to education with quality and efficiency in the delivery of educational services, especially at the pre-school, primary and third cycle levels, under this modality the responsibilities are shared between the State and Civil Society.

Whereas the Executive Branch approved the Honduran Program of Community Education (PROHECO) through Decree No. 266-98 dated October 30, 1998, with the purpose of increasing the coverage of educational services, reducing illiteracy in municipalities and villages, reducing poverty rates, particularly in those communities with difficult access to Pre-Basic and Basic education services.

Whereas Article 157 of the Constitution establishes that education at all levels of the formal Educational System, except the higher education level, shall be authorized, organized, directed and supervised exclusively by the Executive Branch through the Secretariat of Education.

Whereas in Decree No. 266-98 dated October 30, 1998, there does not exist the position of Educational Instructor PROHECO and by virtue of Agreement No. 01-2022 executed by the most excellent Constitutional President of the Republic of Honduras IRIS XIOMARA CASTRO SARMIENTO and the Board of Teachers of the Honduran Program of Community Education (PROHECO) with the degree of licentiate, represented by various departments of the country including licentiate degree holders and masters in professionalization processes in which they committed to the following: The licentiate degree holders become part of the State payrolls, with agreement in permanence in the position of Educational Instructor PROHECO, as a Special Regime, by means of which said personnel will be regulated.

Whereas by virtue of the fact that there already exists an Inter-institutional Affiliation Agreement to the Social Welfare System of the Teaching Profession of Teachers of the Honduran Program of Community Education PROHECO, executed by the Secretariat of State in the Department of Education, National Institute of Teaching Foresight INPREMA and the Secretariat of State in the Department of Finance, signed on October 27, 2011, these benefits shall also be enjoyed by the Educational Instructors PROHECO, as established by Agreement 01-2022.

Whereas according to Article 159 of the Constitution of the Republic of Honduras, "The Secretariat of Education and the National Autonomous University of Honduras, without prejudice to their respective competencies, shall adopt the

Articles

Article 1.-

This Regulation establishes the Administration of personnel who oversee the career of the PROHECO Educational Instructor of the Community Education Program (PROHECO), governed by the Secretariat of State in the Ministry of Education. Its purpose is to dignify the practice of the PROHECO Educational Instructor to guarantee the Honduran people a high-quality education.

Article 2.-

A PROHECO Educational Instructor is defined as an expert in his or her subject matter, to make effective the teaching and learning process, in order to achieve quality standards in education.

Article 3.-

In accordance with Educational Laws and for the application of this Regulation, the PROHECO Educational Instructor administers, organizes, directs, imparts, and supervises education at different levels in accordance with his or her professional training. TITLE II CHAPTER II OF THE OBJECTIVES

Article 4.-

The objectives of the Regulation of the Special Regime of the PROHECO Community Education Program are as follows.

  • 1)

    To regulate the career of PROHECO Educational Instructor.

  • 2)

    To guarantee to Educational Instructors the enjoyment of their rights, equally ensuring compliance with their duties in the exercise of their functions.

  • 3)

    To incentivize the PROHECO Educational Instructor toward constant professionalization until reaching his or her maximum academic level.

  • 4)

    To achieve the integral formation of Learners in the most neglected areas of the country and to contribute to raising the rates of professional training. TITLE III CHAPTER III OF THE SUBJECT: THE PERSONNEL REGULATED BY THE SPECIAL REGULATION PROHECO. FIRST SECTION OF APPLICATION

Article 5.-

This special Regulation establishes mandatory regulations for persons who wish to hold the position of PROHECO Educational Instructor, to guarantee to Educational Instructors the enjoyment of their rights, equally ensuring compliance with their duties in the exercise of their functions, its Regime, manuals and its general provisions in service of education, of the Honduran Program of Community Education PROHECO.

Article 6.-

The provisions of this Regulation shall not be applicable to the following personnel: 1. Technical and administrative personnel. 2. Primary Education Teachers. 3. Technicians in Basic Education. 4. Secondary Education Title (Diversified). 5. Degrees not related to the educational field. TITLE IV CHAPTER IV OF THE SUBJECT SECOND SECTION THE ADMISSION OF THE PROHECO EDUCATIONAL INSTRUCTOR

Article 7.-

To hold the position of PROHECO Educational Instructor, the following requirements are established:

  • 1)

    To be Honduran by birth.

  • 2)

    To be over 21 years of age.

  • 3)

    To have passed the competition and accredit it with the corresponding certificate.

  • 4)

    To be in the enjoyment of civil rights.

  • 5)

    To have a Degree related to the educational field.

  • 6)

    To be registered with a professional association and ranked on the civil service scale.

  • 7)

    To not work with any other institution nor with the Secretariat of Education.

  • 8)

    To not be retired.

  • 9)

    To be active within the Honduran Program of Community Education PROHECO.

Article 8.-

The file of the PROHECO Educational Instructor must contain:

  • 1)

    Authenticated copy of the Degree in a field related to Education duly endorsed by the Autonomous University of Honduras.

  • 2)

    Curriculum Vitae.

  • 3)

    Certificate of Compliance with Profile signed by the Municipal Director.

  • 4)

    Taking of Possession.

  • 5)

    Copy of National Identification Document (DNI).

  • 6)

    Copy of Professional Association Card and Certificate of Good Standing.

  • 7)

    Certificate of Criminal Record (Original).

  • 8)

    Original Bank Certificate.

  • 9)

    Copy of National Tax Registry (RTN).

Article 9.-

Persons of other nationalities may enter the PROHECO Special Regime as educational instructors, provided that in their country of origin there is reciprocity with the profile established for Honduran Educational Instructors, being subject to what is established in Articles 34 and 168; and other related provisions of the Constitution of the Republic, provisions of this Special Regime, Labor Code and other laws of the country.

Article 10.-

The Honduran Program of Community Education PROHECO shall be obligated in relation to the PROHECO Educational Instructor in its service according to this regime to the following:

  • 1)

    To adopt appropriate measures to maintain the best conditions of safety in the educational center.

  • 2)

    To make voluntary, legal and judicial deductions from the salary of the PROHECO Educational Instructor and to pay the same promptly to the corresponding institutions.

  • 3)

    To pay its employer contributions to the Teachers' Social Security Institute (INPREMA) promptly and in full.

  • 4)

    To pay its employer contributions to the Honduran Social Security Institute (IHSS) promptly and in full. 4) To give respectful, courteous and fair treatment to the PROHECO Educational Instructor.

  • 5)

    To organize, safeguard and periodically update the file of the PROHECO Educational Instructor.

Article 11.-

The obligations of Educational Instructors, regulated by this Special Regime, are as follows:

  • 1)

    To comply with and enforce the Constitution of the Republic, and other laws related to the service to be performed.

  • 2)

    To provide with quality and efficiency the services of his or her profession under his or her responsibility.

  • 3)

    To participate with effort and ingenuity in the development, consolidation and prestige of the educational center where he or she works.

  • 4)

    To comply with the instructions of his or her hierarchical superiors, relating to the performance of his or her position.

  • 5)

    To maintain respect, rectitude and honesty in his or her relationships with other members of his or her educational community, as well as to comply with his or her duties and responsibilities.

  • 6)

    To comply with the effective working time established for the school year of 200 days of Class and dedicating all working time to the functions proper to the position.

  • 7)

    To conserve and correctly use the documents and property of the institution where he or she provides his or her services and that are directly under his or her responsibility.

  • 8)

    To observe conduct in accordance with professional ethics related to principles, values and morality.

  • 9)

    To permanently update his or her cultural, professional, technological and academic formation.

  • 10)

    To respect the freedom, dignity and physical, psychological and moral integrity of the students.

  • 11)

    To participate in the planning, execution and evaluation of literacy programs and projects for the benefit of the transformation of Honduran society.

  • 12)

    To practice and promote civic, ethical, moral and cultural values, participating in activities directed toward this end.

  • 13)

    To perform work directly and personally, and with a high degree of responsibility.

  • 14)

    To ensure that learners attend the educational center punctually to maintain the initial enrollment.

  • 15)

    To submit reports to the competent authority regarding student attendance in order to provide appropriate follow-up to prevent school dropout and raise the index of educational quality.

  • 16)

    To actively participate in the preparation, execution, follow-up and evaluation of the Educational Project of the Center (PEC) and Annual Operating Plan (POA) based on Results Management of the educational center.

  • 17)

    To notify in a timely manner the Municipal and/or District Director in case of absence and justify them, with a copy to the Departmental Coordination of PROHECO.

  • 18)

    To communicate in a timely manner to parents, guardians or tutors, the absence of learners and the grades obtained by them.

  • 19)

    To submit to the supervision, counseling, accompaniment and evaluation that the Secretariat of State in the Ministry of Education implements with respect to the educational process.

  • 20)

    To safeguard the administrative and pedagogical documentation of the educational center.

  • 21)

    To coordinate with the corresponding departments, the school organization and functionality of the instances of community participation.

  • 22)

    To safeguard under inventory the property assigned to the educational center.

  • 23)

    To implement the pedagogical actions and strategies of curricular support that are ordered by the central level of the Honduran Program of Community Education (PROHECO).

  • 24)

    To enter and update statistical information to the System of Administration of Educational Centers (SACE) of the Secretariat of State in the Ministry of Education.

  • 25)

    To convene and organize the Association of Parents of Family (APF), within the first sixty days of the school year.

  • 26)

    Other functions proper to the position assigned by the corresponding authority.

Article 12.-

It is prohibited for the authorities and representatives of the Honduran Program of Community Education PROHECO to:

  • 1)

    Require the PROHECO Educational Instructor to perform work that puts at risk his or her physical and psychological integrity or that of his or her students.

  • 2)

    Induce the PROHECO Educational Instructor to commit irregularities in examinations, grades and records of the educational center.

  • 3)

    Demand or accept money or any other type of compensation from PROHECO Educational Instructors as remuneration for them to have privileges that relate to working conditions.

  • 4)

    Impose on the PROHECO Educational Instructor, sanctions or penalties that are not typified in this regulation.

  • 5)

    Impose on Educational Instructors the performance of fundraising activities, without the approval of the Parents of Family Society (APF).

  • 6)

    To deduct or withhold any sum from the salary and labor benefits of the PROHECO Educational Instructor, without authorization from him or her, judicial order or law that authorizes it.

  • 7)

    To exercise coercion on the political or religious convictions of the PROHECO Educational Instructor in his or her service.

  • 8)

    To employ in positions of PROHECO Educational Instructor persons who do not meet the requirements established by this regulation.

  • 9)

    To fail to comply with the general and specific provisions emanating from educational authorities; and from the authorities of the PROHECO Central Unit.

  • 10)

    Others that this Regime establishes. Non-compliance with any of the prohibitions established in this article shall result in administrative, civil and criminal liability.

Article 13.-

It is prohibited for PROHECO Educational Instructors to:

  • 1)

    Smoke or ingest alcoholic beverages or consume hallucinogenic substances in the workplace or present themselves at work under their effects.

  • 2)

    To take without permission material or equipment belonging to the establishment.

  • 3)

    To use the material or equipment of the institution for purposes other than those for which they are intended.

  • 4)

    To conduct propaganda of sectarian policies in the workplace.

  • 5)

    To delay or intentionally or negligently abandon compliance with their obligations.

  • 6)

    To conduct tutoring to their students outside their working hours in exchange for monetary compensation.

  • 7)

    To conduct commercial activities, for their own profit, of another individual or of the institution.

  • 8)

    To subject their students or any other person with whom they relate in the exercise of their work to any type of harassment.

  • 9)

    To solicit or accept gifts or rewards as remuneration for acts inherent to their position.

  • 10)

    The others established by this Special Regime.

  • 11)

    Others applicable according to current legislation.

Article 14.-

Educational Instructors shall have the right to obtain Licenses with pay and without pay, the types of licenses are as follows: 1. Maternity License with pay. 2. Illness License with pay. 3. Study Licenses without pay. 4. License at the request of the competent authority without pay. The files for maternity and illness licenses shall be authorized by means of a license opinion for the period of incapacity extended by the Honduran Social Security Institute, Public Hospital or Public Health Center in those places where it exists or by an authorized physician, provided that it is endorsed by the Honduran Social Security Institute IHSS. The requests must be accompanied by the following documents in the following order:

  • 1)

    License Request.

  • 2)

    Certificate issued by the Municipal Director, in favor of the teacher requesting the license.

  • 3)

    Medical Certificate or Certificate signed and sealed by the physician attending the patient.

  • 4)

    Opinion issued by the Honduran Social Security Institute (IHSS) for the period of incapacity.

  • 5)

    Photocopy of the agreement of the teacher requesting the license.

  • 6)

    Photocopy of the National Identification Document DNI of the teacher requesting the license.

Article 15.-

The rights of PROHECO Educational Instructors are as follows:

  • 1)

    To enjoy stability in their work, while maintaining good performance.

  • 2)

    To exercise academic freedom in the pursuit of higher quality education.

  • 3)

    To enjoy vacation time in the form established by their Special Regime.

  • 4)

    To receive payment of the Thirteenth Month and Fourteenth Month salary.

  • 5)

    To enjoy license with pay in the following cases: For illness, for the period of incapacity extended by the Honduran Social Security Institute, Public Hospital or Public Health Center in those places where it exists or by an authorized physician, provided that it is endorsed by the Honduran Social Security Institute IHSS.

  • 6)

    For maternity, a prenatal period of six (6) weeks before and a postnatal period of eight (8) weeks after, for those working in rural areas.

  • 7)

    In case of miscarriage, for the period of incapacity extended by the Honduran Social Security Institute, Public Hospital or Public Health Center in those places where an authorized physician exists.

  • 8)

    Licenses without pay in the following cases:

  • 9)

    For matters of a personal nature for up to two (2) years, renewable for up to two more years at the discretion of the competent authority.

  • 10)

    To hold another position in the educational system, for the time they hold it.

  • 11)

    To hold positions of popular election for the time these last.

  • 12)

    Special permits with pay, from one (1) to a total of thirty (30) days in the course of the year, for one or more of the following reasons:

  • 13)

    For illness and to assist their spouse or household partner and other relatives up to the fourth degree of consanguinity and second degree of affinity if they prove that there is no other person to provide that assistance.

  • 14)

    For death of spouse or household partner or relatives within the fourth degree of consanguinity and second degree of affinity.

  • 15)

    To contract marriage.

  • 16)

    Due to public or domestic calamity.

  • 17)

    To attend events of a professional and union nature sponsored by teachers' organizations and public and private institutions.

  • 18)

    To conduct administrative or personal proceedings necessary before public institutions;

  • 19)

    One hour daily for nursing until their child reaches six (6) months of age.

  • 20)

    Transfers and exchanges in accordance with this Special Regime.

  • 21)

    To enjoy the benefits of social security in accordance with the provisions of the respective laws.

  • 22)

    To be sanctioned through a legal procedure, in case of being charged with faults in service.

  • 23)

    To enjoy national holidays decreed at the national level or authorized at the regional and local level.

  • 24)

    To participate in training and improvement programs for the PROHECO Educational Instructor established by the Secretariat of Education and the State.

  • 25)

    The others established by the Constitution of the Republic and other laws.

  • 26)

    The competent authority shall assess each case.

Article 16.-

TERMINATION OF THE PROHECO-INSTRUCTOR RELATIONSHIP Causes that authorize the termination of the employment relationship without any liability to the Honduran Community Education Program PROHECO.

  • 1)

    For non-compliance with the obligations assumed by the "Educational Instructor PROHECO" as established in Article 13 of this regulation.

  • 2)

    By mutual agreement or unilaterally by the Educational Instructor PROHECO.

  • 3)

    By fortuitous event or force majeure.

  • 4)

    For inability and manifest negligence of the "Educational Instructor PROHECO" in the performance of duties, duly proven.

  • 5)

    For irregularities committed to the detriment of the State.

  • 6)

    For any act of violence, insult, slander, mistreatment or serious misconduct in which the "Educational Instructor PROHECO" incurs during work, against superiors or coworkers. Serious misconduct shall be understood as when the normal development of educational activities is endangered.

  • 7)

    Any material damage caused intentionally to buildings, works, vehicles, equipment, furniture, instruments and other objects related to work, and 8) Any serious negligence that endangers the safety of persons and property. 9) For any immoral and criminal act duly proven, which the "Educational Instructor PROHECO" commits in the educational center, compromising its image. 10) When the "Educational Instructor PROHECO" fails to attend work without authorized permission or without justified cause, for two (2) complete consecutive days or for three (3) business days within a period of one (1) month. 11) For misuse of material provided to the educational center. 12) Death of the Educational Instructor PROHECO, or physical or mental incapacity of the same that makes the fulfillment of work impossible. 13) For the existence of a common Educational Center and PROHECO at a distance less than three (3) kilometers without justifying its operation.

Article 17.-

The enrollment range for the operation of PROHECO educational centers is as follows: OF EDUCATIONAL CENTERS WITH ONE EDUCATIONAL INSTRUCTOR PROHECO 1. In PROHECO educational centers in isolated rural areas, enrollment cannot be less than 15 students, nor exceed thirty-five (35) students. 2. In PROHECO educational centers in rural areas with easy communication, enrollment cannot be less than 20 students, nor exceed thirty-five (35) students.

Article 18.-

Low enrollment is considered when an educational center is within an enrollment range between 10 and 14 students and that due to its accessibility is considered a provable special case, shall be authorized for operation through a ruling issued by the PROHECO Legal Unit and authorized by the General Coordination of PROHECO. These Educational Centers shall be supervised by the Decentralized Level staff and provide monthly reports to PROHECO General Coordination. OF EDUCATIONAL CENTERS WITH MORE THAN ONE EDUCATIONAL INSTRUCTOR PROHECO 1. PROHECO educational centers that have two or more Educational Instructors PROHECO shall have an enrollment ratio of 20 students per each PROHECO educational instructor.

Article 19.-

The Executing Unit of the Honduran Community Education Program PROHECO shall be classified and broken down as follows under the Special Regime. CENTRAL LEVEL 1) PROHECO General Coordination 2) PROHECO Sub-General Coordination 3) PROHECO Human Talent Unit 4) PROHECO Legal Unit 5) PROHECO Planning and Evaluation Unit 6) PROHECO Administrative Unit 7) PROHECO Pre-intervention Unit 8) PROHECO Technical Pedagogical Unit DECENTRALIZED LEVEL 1) PROHECO Departmental Coordinator. 2) PROHECO Sectoral Coordinator. 3) PROHECO Administrative Assistants. 4) PROHECO Educational Management Promoter. 5) PROHECO Educational Instructor.

Article 20.-

The recruitment, selection and appointment functions of the Educational Instructor PROHECO of the Honduran Community Education Program shall be carried out in accordance with the provisions of this Regime. 1 The Educational Instructor PROHECO must have fulfilled all administrative or pedagogical obligations before the Secretariat of Education. 2 Teachers who become part of the PROHECO special regime as Educational Instructors PROHECO must work on an interim basis through a professional services contract. 3 PROHECO teachers who apply for the position of Educational Instructor PROHECO and do not meet the requirements and provisions may continue to be appointed on an interim basis. 4 In PROHECO educational centers that present low enrollment, by their particular nature they cannot have Educational Instructors PROHECO appointed. 5 PROHECO teachers hired in educational centers that are located at a distance less than 3 kilometers from an official educational center and where the mobility of students represents insecurity or danger may enter the PROHECO special regime by presenting such justification in writing; signed and sealed by the corresponding Municipal Directorate. 6 PROHECO teachers hired in educational centers that are located at a distance less than 3 kilometers from an official educational center and who, due to the student population, cannot be served by an official educational center; may enter the PROHECO special regime by presenting such justification in writing; signed and sealed by the corresponding Municipal Directorate. 7 In the initial appointment process in compliance with Presidential Agreement 001-2022 of the Educational Instructors who enter the special regime who have been working on an interim basis in the PROHECO program, and the educational center does not meet the enrollment to appoint all teachers as educational instructors, priority must be given to those with the most years of service in the PROHECO program.

Article 21.-

The development of PROHECO Educational Instructor personnel functions through which prospects in service are identified to comply with quality education, avoiding them causing low academic performance in the student population and school dropout, preparing them for their current and future performance, through the Technical Pedagogical Unit essential for the development of the Instructor's career.

Article 22.-

PROHECO Educational Instructors, once appointed in the permanent position, may not be transferred to another educational center without having first completed one year from appointment and presenting all evidence that proves each aspect. Types of transfer: 1. Personal Security. 2. Illness. 3. Family Integration. 4. Place of origin. 5. Fortuitous event, force majeure.

Article 23.-

PROHECO Educational Instructors who work in PROHECO educational centers may exchange positions in the exercise of their duties, having completed one year from appointment, respecting equal conditions, provided it is by mutual agreement prior to a ruling issued by the PROHECO Legal Unit.

Article 24.-

Exchanges are prohibited when at least one of the PROHECO Educational Instructors is within the three (3) years prior to the age of voluntary retirement and after the retirement age (age for women 60 years and men 65 years). ARTICLE 25 Transfer requests shall be resolved by the competent authority in the Central unit of the program and when vacant positions exist. ARTICLE 26 Upon verifying low enrollment (14 students) in the Educational Center and high enrollment (41) students, it will be necessary to compensate the need in this Educational Center through reassignment in the same modality or another, this procedure shall be carried out with PROHECO Educational Instructors with the least seniority of entry to the Educational Center.

Article 27.-

The evaluation of PROHECO Educational Instructors shall have the purpose of determining the quality and performance in the performance of the position, which shall be conducted once per year or when required by the PROHECO program.

Article 28.-

The evaluation of PROHECO Educational Instructors shall be conducted as follows: Diagnostic, Formative and Summative, under a percentage value of 100%. The total sum obtained in each evaluation shall constitute its final rating.

Article 29.-

Discipline is determined as the set of attitudes and professional behaviors of personnel, which contribute to educational processes and results of high quality. The disciplinary regime is the set of legal and administrative provisions that stimulate or correct those attitudes and behaviors.

Article 30.-

Disciplinary merits are manifestations of attitude and behaviors that exceed the levels of simple compliance and therefore are exemplary.

Article 31.-

A fault or any violation or omission of obligations and of the provisions of this Special Regime and other applicable laws is considered, as well as actions or omissions that diminish the quality of service. Faults are classified as: Minor, serious and very serious. Their specification shall be established in this Special Regime.

Article 32.-

The PROHECO Educational Instructor shall be sanctioned for prohibitions enumerated in Article 11 of this regulation:

  • 1)

    Private verbal warning.

  • 2)

    Written warning.

  • 3)

    Written warning, with copy in the professional file.

  • 4)

    Removal without prejudice to civil and criminal liability.

Article 33.-

The sanction shall be applied according to the severity of the offense, without regard to the order in which they are listed in the preceding Articles and without prejudice to the deduction of civil and criminal liability. It shall be the responsibility of the Human Talent authority in the Central Unit of the program to apply the sanctions through a discharge hearing, and it shall be the responsibility of the Departmental Coordination to submit the disciplinary file with its annexes to the Human Talent Unit of PROHECO.

Article 34.-

Offenses and sanctions shall prescribe within ninety (90) days from the date of knowledge by the competent authority, except when they have attached civil, criminal, or special liability.

Article 35.-

The employee or official at the central level who knowingly disregards or fails to apply the corresponding procedure in the application of sanctions for the prohibitions shall incur administrative responsibility and shall deduce it ex officio or by complaint of his immediate authority, without prejudice to what other laws may provide in this regard. TITLE XII WORKING CONDITIONS SINGLE CHAPTER OF THE WORKDAY

Article 36.-

Two types of working days are established for the Instructor personnel of the PROHECO educational centers, with the exception of centers with larger student populations and those that have the third cycle modality. 1) Morning Shift 2) Afternoon Shift

Article 37.-

PROHECO Educational Instructors shall enjoy vacations as established in the Labor Code, with the exception of the directors and administrative staff of the Educational Center and the Holy Week period as vacation time in the Education Department. TITLE XIV CHAPTER XIV OF THE EDUCATIONAL INSTRUCTOR CAREER PROHECO. OF THE STRUCTURE

Article 38.-

The PROHECO Educational Instructor shall be governed by the following organizational structures of the PROHECO program. THE SECRETARIAT OF EDUCATION THROUGH THE DEPARTMENTAL DIRECTORATES:

  • 1)

    Coordinates and creates facilities to ensure the work of PROHECO in each department.

  • 2)

    Informs the District or Municipal Director of the instructions sent by PROHECO.

  • 3)

    Approves the minutes of constitution of the AECO, when the District or Municipal Director is absent.

  • 4)

    Signs jointly with the Legal Advisor and Departmental Secretary the documentation for the legalization of PROHECO Educational Centers in the department.

  • 5)

    Certifies all information requested by PROHECO, for example: identification of communities that meet the requirements to create the school basic and pre-basic center.

  • 6)

    Establishes permanent communication with the PROHECO national coordination.

  • 7)

    Supports the District Director, Municipal Director, and Departmental Coordinator of PROHECO when required.

Article 39.-

THE DISTRICT OR MUNICIPAL DIRECTORATES:

  • 1)

    Provides the National Basic Curriculum (CNB), programming, standards, forms, daily attendance booklet, evaluation chart, grade report card and other pedagogical materials for PROHECO educational centers.

  • 2)

    Provides technical-pedagogical guidance to the PROHECO Educational Instructor.

  • 3)

    Receives statistical reports from PROHECO educational centers.

  • 4)

    Grants approval of requests for special permits.

  • 5)

    Authorizes school registration books.

  • 6)

    Participates in the identification of eligible communities for the creation of PROHECO educational centers at different levels.

  • 7)

    Sends reports from the district to the Departmental director of PROHECO educational centers.

  • 8)

    Approves the minutes of constitution and election of the first and changes of officers of the AECOs organized in its educational district.

  • 9)

    Coordinates and supports the work of monitoring and follow-up that personnel from the central and field levels conduct in the educational and administrative activities of the program.

  • 10)

    Convenes teachers to attend training and motivates them to be part of the directors' council and learning centers.

  • 11)

    Visits schools, pre-basic centers and provides technical-pedagogical and administrative assistance based on weaknesses found.

  • 12)

    Supports the APF and the PROHECO Educational Instructor in resolving administrative and technical-pedagogical problems.

  • 13)

    Ensures that the school for parents is organized and functions.

  • 14)

    Coordinates and creates facilities to ensure the work of PROHECO in its educational district.

  • 15)

    Guides PROHECO Educational Instructors in the development of activities that ensure the sustainability of the Program.

Article 40.-

GENERAL COORDINATION OF PROHECO SPECIFIC FUNCTIONS:

  • 1)

    Coordinates with the executive level of the Secretariat of Education the strategic guidelines of PROHECO.

  • 2)

    Coordinates the administrative-financial activity of the program.

  • 3)

    Regulates, systematizes the functioning and operability of the central and decentralized level.

  • 4)

    Provides monitoring and follow-up to the agreements established between PROHECO and other institutions.

  • 5)

    Plans the Annual Operating Plan of work.

  • 6)

    Socializes the activities at the local and central level.

  • 7)

    Ensures compliance with institutional goals.

  • 8)

    Applies performance measurements to office and field personnel in order to maintain an efficient team.

  • 9)

    Promotes the participation of civil society to improve educational quality.

  • 10)

    Guides, directs, plans and supervises all actions at the central and field level.

  • 11)

    Directs decentralization policies through the alternative educational model.

  • 12)

    Presents reports of the activities developed to the Secretary of State in the Education Department.

Article 41.-

THE SUB-GENERAL COORDINATION OF PROHECO 1) Assists the General Coordination in all Planning, Organization, Execution and Evaluation activities of the Program. 2) Provides follow-up to compliance with technical and administrative guidelines established by the Program authorities and the Secretariat of Education. 3) Serves as a liaison between unions, institutions, consultants and other actors for the development of specific plans. 4) Presents periodic reports of its actions carried out at the central and field level to the general coordination.

Article 42.-

THE HUMAN TALENT UNIT OF PROHECO:

  • 1)

    Directs, evaluates and supervises personnel under its command at the Central Level, Decentralized Level, teachers and PROHECO Educational Instructors at the national level.

  • 2)

    Imposes corresponding sanctions in accordance with the Civil Service Law and other laws to program personnel.

  • 3)

    Prepares work contracts subject to approval by the General Coordination of the Program.

  • 4)

    Conducts field trips for corresponding personnel supervision.

  • 5)

    Conducts the process of receiving personnel contracting files for administrative staff at the central and decentralized level, teachers and PROHECO Educational Instructors.

  • 6)

    Responds to requests from personnel regarding required documentation.

  • 7)

    Participates in the program evaluation meetings and personnel evaluation from the Central Unit and field as indicated by the General Coordination.

  • 8)

    Prepares and updates files for administrative employees, teachers and PROHECO Educational Instructors.

  • 9)

    Maintains a control register of permits, vacations and incapacities of central level personnel.

  • 10)

    Safeguards and administers the documentation of the institutional archive of the PROHECO program.

Article 43.-

THE ADMINISTRATIVE UNIT OF PROHECO 1) Efficiently administers financial resources to comply with the program's goals and objectives. 2) Implements procedures and administrative controls for the efficient use of financial resources. 3) Prepares the Annual Operating Plan of the Administrative Unit. 4) Prepares the purchasing and contracting plan PACC. 5) Manages with the Secretariat of Finance the resources from international financing sources, as well as the needs for counterpart national funds. 6) Acts as counterpart providing all required information in interventions. 7) Provides follow-up to requests for program budget modifications. 8) Executes all financial transactions of the PROHECO program.

Article 44.-

THE TECHNICAL-PEDAGOGICAL UNIT OF PROHECO 1) Guides, advises and directs the identification and documentation of rural communities that do not have an Educational service. 2) Coordinates field work with Departmental coordinators and social promoters aimed at the promotion, organization and legalization of AECOs and the functioning of PROHECO Educational Centers. 3) Plans, coordinates, and executes training activities for members of teachers and PROHECO Educational Instructors. 4) Monitors and provides follow-up to the activities of APFs in PROHECO educational centers. 5) Designs strategies for the development of training programs in order to develop active and participatory methodologies as well as adult education techniques. 6) Prepares and presents the technical design and corresponding budgets for training actions, promotion and organization for the creation and strengthening of PROHECO Educational Centers. 7) Supervises, evaluates and systematizes the training activities of APFs throughout the program. 8) Presents reports of scheduled actions to the General Coordination.

Article 45.-

THE LEGAL UNIT OF PROHECO Unit responsible for managing and conducting the procedure to make effective the legalization of AECOs. Its Functions:

  • 1)

    Maintains a file of approved Legal Personalities of AECOs at the national level.

  • 2)

    Receives, reviews, and issues opinions on documentation concerning agreements, licenses of Educational Instructors.

  • 3)

    Requests Legal Personality of AECOs.

  • 4)

    Receives, reviews and processes documentation for the opening of PROHECO educational centers.

  • 5)

    Advises personnel of the central unit and field in labor conflicts.

  • 6)

    Drafts legal opinions.

  • 7)

    Systematizes the legal process with the Control of correspondence received and sent to the units of the program and departments of the Secretariat of Education.

  • 8)

    Provides legal advice on each of the actions that result in PROHECO's activities.

  • 9)

    Others assigned by the General Coordination of PROHECO.

Article 46.-

DEPARTMENTAL COORDINATION In each department a PROHECO office operates, headed by the coordinator(a) and their administrative-financial assistant, its location is generally in the Departmental Directorate and this person: 1) Directs the process of promotion, organization and strengthening of AECOs and PROHECO Educational Centers. 2) Maintains a special file of the documentation of AECOs and educational centers. 3) Sends statistical documentation and requests for Legal Personality to the PROHECO Central office. 4) Provides logistical support for training processes. 5) Coordinates and monitors field work. 6) Knows and establishes a direct relationship with the governing boards of AECOs. 7) Conducts management and self-management activities of AECOs as follows:

  • 1)

    Verifies the identification of communities to be organized.

  • 2)

    Reviews and evaluates the work of promoters in educational management: documentation concerning the creation of new AECOs and sends it to the central office.

  • 3)

    Plans field work in accordance with the guidelines of the Program's Annual Operating Plan.

  • 4)

    Attends and participates in the training actions provided by the program, the Departmental Directorate, District Directorate, units of the Secretariat of Education and other institutions.

  • 5)

    Directly responsible for the proper functioning of AECOs, promoters in educational management and promotes community participation and other activities recommended by the General Coordination.

  • 6)

    Presents reports to the General Coordination.

Article 47.-

DEPARTMENTAL COORDINATION The promoters in educational management constitute the work team that is closest to the AECOs and each of the direct authors of community development. Their main functions are:

  • 1)

    Facilitates the processes of promotion, organization and diagnostic investigation of possible communities for PROHECO impact.

  • 2)

    Advises, facilitates the processes and spaces for self-management of each of the organizations responsible for administering the communal educational part.

  • 3)

    Assists and participates in training processes contemplated in the program of the secretariat or other related institutions.

  • 4)

    Reports on its work activities. TITLE XV CHAPTER XV DISTRIBUTION OF THE SALARY SCALE FOR THE PROHECO EDUCATIONAL INSTRUCTOR.

Article 48.-

The PROHECO Educational Instructors who hold the degree of Bachelor of Science in the Educational area shall be assigned a salary in accordance with agreement 01-2022 approved by the Presidency of the Republic, of the PROHECO Community Education program. The monthly salary of PROHECO Educational Instructors is itemized as follows: For the period covering the years 2022 to 2025, according to agreement 001-2022, a salary increase shall be made to the PROHECO Educational Instructor who holds the Title of Bachelor of Science in the Educational area in the PROHECO Community Education program, detailed in the following table, the amounts per year:

TITLE XVII CHAPTER XVII OF GENERAL PROVISIONS

Article 49.-

The rights recognized by this regulation may not be diminished, misrepresented, or ignored, and any provision to that effect shall be null ipso jure.

Article 50.-

The Regime shall contain a Definitions Chapter, for better understanding of the terms used.

Article 51.-

Cases not provided for in this Regulation, its Specific Regimes, Manuals, and other educational laws shall be governed by the provisions of Administrative Law or, in its absence, by other applicable laws. SECOND: This regulation shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". COMMUNICATE AND PUBLISH. PROFESSOR DANIEL ENRIQUE ESPONDA VELASQUEZ SECRETARY OF STATE IN THE MINISTRY OF EDUCATION ATTY. EDWIN EMILIO OLIVA GENERAL SECRETARY Ministry of State in the Ministry of Education AGREEMENT No. 0538-SE-2023 Tegucigalpa, M.D.C., April 27, 2023 For your knowledge and other purposes, I transcribe to you the Agreement which literally states: "AGREEMENT No. 0538-SE-2023. Tegucigalpa, M.D.C., April 27, 2023. THE SECRETARY OF STATE IN THE MINISTRY OF EDUCATION. WHEREAS: Article 151 of the Constitution of the Republic stipulates: "Education is an essential function of the State for the preservation, promotion, and dissemination of culture, which must project its benefits to society without discrimination of any kind. National education shall be secular and shall be founded on the essential principles of democracy, shall instill and promote in students profound Honduran sentiments and must be directly linked to the process of economic and social development of the country". WHEREAS: Article 157 of the Constitution of the Republic of Honduras establishes that: "Education at all levels of the formal educational system, except the higher education level, shall be authorized, organized, directed, and supervised exclusively by the Executive Branch through the Ministry of Education, which shall administer the centers of said system that are totally financed with public funds". WHEREAS: That according to Article 159 of the Constitution of the Republic of Honduras, "The Ministry of Education and the National Autonomous University of Honduras, without prejudice to their respective competencies, shall adopt the

Notes

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