4 OF 1992

(May 18)

Official Journal No. 40.451 of 18 May 1992

COLOMBIA CONGRESS

By means of which the norms, objectives and criteria to be observed by the National Government for the fixing of the salary and loan regime of the public employees, members of the National Congress and the Force are indicated. Public and for the fixing of the social benefits of the Official Workers and other provisions are dictated, in accordance with the provisions of Article 150, numeral 19, literals e) and f) of the Political Constitution.

DECRETA:

TITLE I.

SALARY AND LOAN ARRANGEMENTS FOR PUBLIC EMPLOYEES, MEMBERS OF THE NATIONAL CONGRESS AND PUBLIC FORCE

ARTICLE 1o. The National Government, subject to the rules, criteria and objectives contained in this Law, will fix the salary and loan regime of:

(a) Public employees of the National Executive Branch, whatever their sector, denomination or legal status;

b) Employees of the National Congress, the Judicial Branch, the Public Ministry, the Attorney General's Office, the Electoral Organization and the Comptroller General of the Republic;

c) Members of the National Congress, and

d) The members of the Public Force.

ARTICLE 2o. For the fixing of the salary and loan arrangements of the servers listed in the previous article, the National Government will take into account the following objectives and criteria:

(a) Respect for the acquired rights of the servants of the State from the general regime, as well as from the special regimes. In no case will their wages and social benefits be improved;

b) Respect for the administrative career and the extension of its coverage;

c) Concertation as a factor for improving the provision of services by the State and working conditions;

d) The modernization, technification and efficiency of public administration;

e) The efficient use of the human resource;

f) Competitiveness, understood as the ability to adjust to the prevailing conditions in work activities;

g) The State's obligation to provide continuous training of personnel to its service;

h) The subjection to the general framework of macroeconomic and fiscal policy;

i) The rationalization of public resources and their availability, that is, budgetary constraints for each body or entity;

j) The level of charges, that is, the nature of the functions, their responsibilities and the qualities required for their performance;

k) The establishment of remuneration ranges for the positions of the professional, advisory, executive and executive levels of the agencies and entities of the Executive Branch and the Electoral Organization;

l) The adoption of assessment and promotion systems based on general and/or specific tests. The design of these systems will take into account criteria, equity, productivity, efficiency, performance and seniority;

ll) The recognition of representation and health expenses and location, housing, and transportation premiums when the circumstances warrant it, for the Legislative Branch.

ARTICLE 3o. The salary system of the public servants will be integrated by the following elements: the structure of the jobs, in accordance with the functions to be developed and the scale and type of remuneration for each charge or category of charges.

ARTICLE 4o. Based on the criteria and objectives contained in the article 2or. the National Government, within the first ten days of the month of January of each year, will modify the wage system corresponding to the employees listed in the article 1  (a), (b) and (d), increasing their remuneration.

Likewise, the National Government will be able to modify the system of viatics, representation expenses and commissions of the same employees.

The increases that the National Government decrees pursuant to this article will produce tax effects from the first of January of the respective year.

PARAGRAFO. No official of the national level of the Central Administration, of the territorial entities belonging to the Central Administration, with the exception of the President of the Republic, of the Diplomatic Corps Colombian accredited abroad and the personnel of the Ministry of Defense destined in commission abroad, will have an annual remuneration superior to that of the members of the National Congress.

ARTICLE 5o. In the case of foreign service officials, the National Government will set the monthly remuneration in dollars of the United States of America.

For the determination of the cost of living premium only that factor will be taken into account, which cannot be considered for any other effect.

PARAGRAFO. Notwithstanding the provisions of this article, where special conditions exist, the National Government may fix the monthly allocation in currencies other than the United States dollar, prior to The concept of the National Council for Economic and Social Policy, Conpes.

In the same way, the National Government will be able to establish special management and representation premiums in embassies that the National Government determines.

ARTICLE 6o. With strict adherence to the annual budget law, the President of the Republic, may delegate, in the Ministers, Directors of Administrative Department, Superintendent and legal representatives of national public establishments and of the Electoral Organization, the faculty of making salary increases of the employees of the respective agency or entity, as long as they are within the limits, conditions and parameters that the The Government has previously set the effect.

PARAGRAFO 1o. Upon request in which the guidelines of the salary policy to be adopted are indicated, the President of the Republic may delegate the faculty referred to in the previous paragraph in others. bodies or entities at the national level, provided that the increases are within the limits and parameters that the government will set for the purpose.

PARAGRAFO 2o. The National Government must establish a system of budgetary and personnel control over the exercise of the powers delegated to it under this article.

ARTICLE 7o. The President of the Republic may delegate to the respective Ministers the fixing and modification of the salary regime of certain public employees of a managerial nature (a) industrial and commercial enterprises of the State and of mixed-economy companies treated as such, of the national order, on the basis of the conditions laid down by it, meeting criteria of competition on the labour market and strict subjection to the budgets of the respective entities.

ARTICLE 8. The National Government, under the development of this Law, will determine within ten (10) days of its validity, the monthly allocation of members of the National Congress, from which Article 187 of the Political Constitution shall apply.

The monthly allocation of this article will be applied exclusively to members of Congress and will produce tax effects with retroactive effect to the first (1o.) January 1992.

ARTICLE 9o. The legal representatives of the industrial and commercial enterprises of the State and of the mixed or assimilated economy companies, will observe in relation to the collective negotiations, the guidelines and policies identified by the Boards and Directives of the same and the general guidelines established by the Conpes, without prejudice to the full respect of the right of collective bargaining.

Negotiators, representing the employer, in the negotiations of these companies will not be able to benefit from the loan regime obtained through the convention.

In any case, the directives of the industrial and commercial enterprises of the State and of the mixed economy companies subject to the regime of these companies, will be subject to the provisions of article 3 of Law 60 of 1990.

TITLE II.

OTHER PROVISIONS

ARTICLE 10. Any wage or loan regime that is established in violation of the provisions contained in this Law or in the decrees that the National Government will dictate in its development, shall be lacking effect and will not create acquired rights.

ARTICLE 11. The National Government, within ten (10) days following the sanction of this Law, in exercise of the authorizations provided for in Article 4, shall do the respective increases with effect from the first (1st) January 1992.

ARTICLE 12. The lending regime of the public servants of the territorial entities will be established by the National Government, based on the norms, criteria and objectives contained in this Law.

Consequently, it will not be possible for the territorial public corporations to assume this power.

PARAGRAFO. The Government will point out the maximum salary cap for these servers by saving equivalences with similar charges in the national order.

ARTICLE 13. Under the development of this Law, the National Government will establish a gradual percentage scale to level the remuneration of the active and retired personnel of the Public Force in accordance with the principles set out in Article 2.

PARAGRAFO. The levelling of what this article deals with should occur in the fiscal vigencies from 1993 to 1996.

ARTICLE 14. The National Government shall establish a premium of not less than 30% and not more than 60% of the basic salary, without pay for the Magistrates of any order of the High Courts of Judicial District and Administrative Accountant, Agents of the Public Ministry, delegates to the Judicial Branch and to the Judges of the Republic, including the Magistrates and Prosecutors of the Military Superior Court, War Auditors and Judges of Military Criminal Instruction, except those who opt for the salary scale of the Attorney General's Office Nation, with effect from the first (1o.) January 1993.

They will also be entitled to the premium of this article, the departmental delegates of the National Registrar of the Civil State, the Registrar of the Capital District and the Directing and Advisory levels of the National Registry of the Civil Status.

PARAGRAFO. Within the same term, it will review the remuneration system of officials and employees of the Judicial Branch on the basis of leveling or reclassification on the basis of equity criteria.

ARTICLE 15. The Magistrates of the Superior Council of the Judiciary, of the Supreme Court, of the Constitutional Court, of the Council of State, the Attorney General of the Nation, the Comptroller General of the Republic, the Prosecutor General of the Nation, the Ombudsman and the National Registrar of the Civil State will have a special service premium , which, in addition to other labor income, is equal to those received in its as a whole, by the members of the Congress, without in any case overcoming them. The government will be able set the same premium for the Ministers of the Office, the Generals and Admirals of the Public Force.

ARTICLE 16. The remuneration, social benefits and other labour rights of the Magistrates of the Constitutional Court, the Supreme Court of Justice, the Council of State, the Superior Council of the Judiciary and State Council Prosecutors will be identical.

ARTICLE 17. The National Government will establish a pension system, readjustments and replacements for the same for the representatives and senators. Those and these may not be less than 75% of the average monthly income that, over the last year, and for all purposes, the Congressman perceives. Y will be increased by the same percentage as the legal minimum wage is reset.

PARAGRAFO. The settlement of pensions, readjustments, and substitutions will be done considering the last average monthly income that for every concept accrues to the Representatives and Senators on the date on which the retirement, readjustment, or respective replacement is decreed.

ARTICLE 18. The National Government will establish for once the compensated retirement plan of the employees of the National Congress, which must understand, indemnities for payment of salaries, premiums, bonuses and other social benefits and/or retirement pensions.

ARTICLE 19. No one may simultaneously perform more than one public employment, nor receive more than one allocation from the Public Treasury, or from companies or institutions in which the majority of the public State. Except for the following assignments:

(a) Those received by university professors to serve as advisors to the Legislative Branch;

(b) Those received by personnel with a withdrawal or military or police pension from the Public Force;

c) The perceived pension substitution concept;

d) The fees levied for the concept of a teacher;

e) Fees received for the concept of health professional services;

(f) The fees received by the members of the Boards of Directors, due to their attendance, provided that they are not more than two meetings;

(g) Those who, at the date of entry into force of this Law, benefit from the retired official teachers.

PARAGRAFO. You cannot receive fees that add up to more than eight (8) hours of work per day to multiple entities.

ARTICLE 20. Teachers from national public universities will have equal pay and loan treatment according to the required academic category, dedication and intellectual production.

ARTICLE 21. Authorize the National Government to make the necessary transfers and budgetary additions to give full compliance to the development of this Law.

ARTICLE 22. This Law governs from its enactment.

Dada en Santafe de Bogota, D.C., a los ...

CARLOS ESPINOSA FACCIO-LYNX

The President of the Senate of the Republic

GABRIEL GUTIERREZ MACIAS

The Secretary General of the Senate of the Republic

RODRIGO HERNANDO TURDAY COTE

the Speaker of the House of Representatives

SILVERIO SALCEDO MOSQUERA

E Secretary General of the House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE

Santafe de Bogota, D.C., May 18, 1992

CESAR GAVIRIA TRUJILLO

RUDOLF HOMMES RODRIGUEZ

The Ministry of Finance and Public Credit

FRANCISCO POSADA DE LA PEÑA

The Minister of Labour and Social Security

CARLOS HUMBERTO ISAZA RODRIGUEZ

The Director of the Administrative Department

from the Civil Service

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Last Updated: September 23, 2016
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