Law 4 of 1992 (May 18)
Official Gazette No. 40451 of May 18, 1992 CONGRESS COLOMBIA
By which standards, objectives and criteria to be observed are indicated the National Government for fixing the wage and benefits conditions of public employees, members of Congress and the public force and for the fixing of social benefits Officials and other provisions, in accordance with the provisions Article 150, paragraph 19, e) and f) of the Constitution. Summary
DECREES: TITLE I.
SALARY REGIME and social benefits of public employees, MEMBERS OF THE NATIONAL CONGRESS AND THE PUBLIC FORCE
ARTICLE 1o. The national government, subject to the rules, criteria and objectives contained in this Act, shall fix the salaries and social benefits regime:
a) Public employees of the National Executive Branch, whatever their sector, legal status or denomination ;
B) Employees of the National Congress, the Judicial Branch, the Public Ministry, the Attorney General's Office, the Electoral Organization and the Office of the Comptroller General of Colombia; Effective Jurisprudence
C) Members of Congress, and
d) Members of the security forces.
. To fix the salary and benefits conditions of the servers listed in the previous article, the Government shall take into account the following objectives and criteria:
a) Respect for acquired rights of state servants both the general scheme, as special schemes. Under no circumstances may impair their wages and social benefits; Effective Jurisprudence
B) respect for the civil service and expanding its coverage;
C) The conclusion as a factor in improving the delivery of services by the State and working conditions;
D) The modernization, modernization and efficiency of public administration;
E) The efficient use of human resources;
F) Competitiveness, understood as the ability to adjust to the prevailing conditions in labor activities;
G) The State's obligation to promote continuous training of staff at your service;
H) subject to the general framework of macroeconomic and fiscal policy;
I) Rationalization of public resources and their availability, that is, the budget constraints for each agency or entity;
J) The level of charges, that is, the nature of the duties, responsibilities and qualifications required for their performance;
K) Establishing remuneration ranges for charges of professional levels, consultant, executive and management agencies and entities of the Executive Branch and the Electoral Organization;
L) The adoption of evaluation and promotion systems based on general and / or specific tests. In the design of these systems they will be considered as criteria, equity, productivity, efficiency, performance and seniority;
Ll) Recognition of representation expenses and health and premium location, housing and transport when circumstances warrant, to the Legislative Branch. Effective Notes
ARTICLE 3. The salary system for public servants shall consist of the following elements: the structure of employment in accordance with the functions that must be developed and the scale and type of remuneration for each position or class of positions.
ARTICLE 4. Based on the criteria and objectives contained in the 2nd article. the National Government, within the first ten days of January of each year, amend the corresponding wage system employees listed in Article 1 letter a), b) and d), increasing their earnings.
Similarly, the Government may modify the system of travel expenses, entertainment expenses and commissions of the same employees.
Increases ordered by the Government under this article, produce tax effect from the first of January of the respective year. Effective Jurisprudence
PARÁGRAFO. No official of the national level of the central government, regional or local authorities belonging to the Central Administration, except the President of the Republic, the Colombian diplomatic corps accredited abroad and staff of the Ministry of Defence stationed in commission abroad, you will have an annual remuneration higher than members of Congress.
The 5th ITEM. In the case of foreign service officers, the Government shall determine the monthly payment in dollars of the United States.
To determine the premium cost of living only that factor, which can not be considered for any other purpose will be considered.
PARÁGRAFO. Notwithstanding the provisions of this article, where there are special circumstances, the Government may set the monthly allowance in currencies other than the dollar of the United States, prior concept of the National Council for Economic and Social Policy, Conpes.
Similarly, the Government may establish special premium management and representation in the national government embassies determine.
ARTICLE 6o. Strictly subject to the annual budget law, the President of the Republic may delegate to Ministers, Directors of Administrative Department, Superintendent and legal representatives of national public institutions and the Electoral Organization, the right to make wage increases employees in the institution or entity, provided they are within the limits, conditions and parameters that effect the Government has set previously. PARAGRAPH 1.
. Request in which the guidelines of the wage policy sought to adopt are indicated, the President of the Republic may delegate the power mentioned in the preceding paragraph in other agencies or entities at the national level, as long as the increases are within the limits and parameters set for that purpose by the Government. PARAGRAPH 2.
. The National Government shall establish a system of budgetary control and personnel on the exercise of the powers delegated under this article. Effective Jurisprudence
ARTICLE 7. The President may delegate to the respective Ministers the establishment and modification of the salary system of certain public employees in managerial nature of industrial and commercial state enterprises and mixed economy companies assimilated to them, the national order based under the conditions he set them, attending criteria of competition in the labor market and with strict adherence to the budgets of the respective entities. Effective Jurisprudence
Article 8. The Government, in implementing this law, will determine within ten (10) days following the effective days, the monthly allowance of members of Congress, from which Article 187 of the Constitution shall apply.
The monthly allowance referred to in this Article shall apply exclusively to members of Congress and produce tax purposes retroactive to the first (1st.) January 1992. Effective Jurisprudence
Article 9. Legal representatives of industrial and commercial state enterprises and companies of mixed or assimilated economy, observed in relation to collective bargaining, guidelines and policies outlined by the Boards and Boards of Directors of these and the general guidelines set by the Conpes, without prejudice to fully respect the right of collective bargaining.
Negotiators representing the employers in the negotiations of these companies may not benefit from the regime prestacional obtained by the convention.
In any case, the policies of industrial and commercial enterprises of the State and semi-public companies subject to the system of such companies, is subject to the provisions of Article 3 of Law 60 of 1990.
TITLE II. OTHER PROVISIONS
ARTICLE 10. Any salary or prestacional regime to be established in contravention of the provisions of this Act or the decrees issued by the National Government in developing it, be without any effect and will not create acquired rights.
ARTICLE 11. The Government, within ten (10) days following the enactment of this Act, authorizations provided for in article 4 days., Will make the respective increases with effect from the first ( 1o.) January 1992.
ARTICLE 12. The prestacional regime of public servants of local authorities shall be fixed by the Government, based on the rules, criteria and objectives contained in this Act.
Therefore may not public corporations territorial usurp this power.
PARÁGRAFO. The Government indicate the maximum wage limit these equivalences keeping with similar positions at the national level servers. Effective Jurisprudence
ARTICLE 13. In furtherance of this Act the Government will establish a sliding scale percentage to level the remuneration of active and retired personnel of the security forces in accordance with the principles set out in Article 2.
PARÁGRAFO. Leveling referred to in this article should occur in the fiscal years 1993 to 1996. Effective Jurisprudence
ARTICLE 14. The National Government will establish a premium not less than 30% and not more than 60% of the basic salary, with no character salary for judges of all order of the Superior Judicial District Courts and Administrative, Public Ministry agents delegates to the Judicial Branch and the Judges of the Republic, including Judges and Prosecutors of the Supreme Military Tribunal, Auditors War and Judges Military Criminal except those opting for the salary scale of the Attorney General's Office, with effect from the first (1st.)
January 1993 are also entitled to the premium referred to in this article, the departmental delegates of the National Registrar of Civil Status Registrars Capital District and Board levels and Advisor to the National Civil Registry.
PARÁGRAFO. Within the same term it will review the system of remuneration of officers and employees of the Judicial Branch on the basis of leveling or reclassification criteria basis of equity. Effective Notes
ARTICLE 15. The judges of the Superior Council of the Judiciary, the Supreme Court, Constitutional Court, Council of State, the Attorney General's Office, the Comptroller General of the Republic, the Attorney General the Nation, the Ombudsman and the National Civil Registrar will have a special premium services without wage character, which along with other labor income, equal the perceived entirely by members of Congress, without in no case exceeded. The Government may set the same premium for Cabinet ministers, generals and admirals of the security forces. Effective Jurisprudence
ARTICLE 16. The remuneration, social benefits and other labor rights of judges of the Constitutional Court, the Supreme Court, the State Council, the Supreme Council of the Judiciary and Prosecutors Council of State shall be identical.
ARTICLE 17. The National Government will establish a pension scheme, adjustments and replacements of the same for Representatives and Senators. Those and these may not be less than 75% of average monthly income during the last year, and in every respect, Congressman perceived. And they shall be increased by the same percentage as the legal minimum wage readjustment.
PARÁGRAFO. The settlement of pension adjustments and substitutions will take into account the last average monthly income earned by all concept Representatives and Senators on the date of retirement is decreed, reset, or the respective replacement. Editor's Notes
ARTICLE 18. The National Government will establish a one-time retirement plan compensated employees of the National Congress, which must comprise compensations for payment of salaries, bonuses, allowances and other social benefits and / or pensions retirement.
ARTICLE 19. No person may serve simultaneously more than one public job, or receive more than one salary from the public treasury, or companies or institutions in which the state has a majority share. Excepted the following assignments:
a) receiving university professors who work as advisers to the Legislative Branch;
B) received by the staff assignment or military or police retirement pension of the security forces;
C) Perceived by way of pension transfer;
D) Fees earned from time-chair;
E) The fees earned from professional health services;
F) The fees paid to members of Boards, because of his assistance to them, provided they do not try to over two together;
G) that the date of entry into force of this Law teachers benefit pensioners official servers.
PARÁGRAFO. They can not receive fees that together correspond to more than eight (8) hours of work to various entities. Effective Jurisprudence
ARTICLE 20. Teachers of national public universities will pay and social benefits equal treatment as required academic category, dedication and intellectual production.
ARTICLE 21. Authorize the National Government to make budgetary transfers and additions necessary to give full effect to the development of this Law.
Article 22. This Law governs from its promulgation.
Given in Bogota, DC, ... CARLOS ESPINOSA
FACCIO-LYNX President of the Senate of the Republic
MACIAS GABRIEL GUTIERREZ Secretary General of the Senate HERNANDO RODRIGO Republic
COTE TURBAY the President of the House of representatives Silverio
E SALCEDO MOSQUERA Secretary General of the House of representatives
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT
published and executed
Bogota, DC, May 18, 1992
César Gaviria Trujillo RUDOLF HOMMES RODRIGUEZ
The Ministry of Finance and Public Credit FRANCISCO
POSADA DE LA PEÑA Minister Labour and Social Security ISAZA HUMBERTO CARLOS RODRIGUEZ
the director of the Administrative Department of the Civil Service