1995 (December 29)
Official Gazette No. 42,171, of December 29, 1995
Through which terms for the timely payment of severance pay for public servants are fixed, are set sanctions and other provisions. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. Within fifteen (15) business days following the filing of the application for settlement of the final or partial severance pay, by the petitioners, the employing entity or that which it is responsible recognition and payment of severance pay, shall issue the resolution, if it meets all the requirements specified by law.
PARÁGRAFO. If the entity notice that the application is incomplete the applicant must be informed within ten (10) working days of receipt of the application, specifically pointing out the documents and / or pending requirements.
Once the documents provided and / or pending requirements, the application must be resolved in the terms stated in the first paragraph of this article. Effective Notes
. The public body paying will have a maximum of forty-five (45) working days, from which become final administrative act ordering the liquidation of the final or partial severance pay of public servants, to cancel this social benefit, without prejudice to the National Savings Fund.
PARÁGRAFO. In case of default in payment of the final or partial layoffs of civil servants, the obliged entity shall recognize and cancel its own resources, to the beneficiary, a day's pay for each day of delay until actual payment of the same, for which alone will suffice to prove the non-cancellation within the period provided in this article. However, the entity may sue the official, if it is demonstrated that the delay in payment was caused by fault of the fault. Effective Notes
ARTICLE 3. Control Organizations State shall ensure that officials responsible for paying social benefits of Public Servants, comply with the terms stated in this law.
Also will monitor the layoffs are canceled in strict order as have filed applications, under penalty of officials in very serious offense punishable by dismissal. Effective Notes
ARTICLE 4. All public bodies responsible for recognition and payment of social benefits of public servants in any order, will have one (1) year from the effective date of this Act, to present a balance of the amounts due for this item all its workers. Forward must submit to their respective public corporations, the balance of contributions and appropriations for the timely payment of all benefits, under penalty of responsible officials in grounds for misconduct.
The 5th ITEM. This law governs from its promulgation.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Cartagena de Indias, DT, at 29 December 1995.
Ernesto Samper Pizano Minister of Labour and Social Security,
NAVIA VELASCO MARIA SOL.