By Which Terms Are Set For The Timely Payment Of Severance Pay For Public Servants, Establish Sanctions And Other Provisions

Original Language Title: Por medio de la cual se fijan términos para el pago oportuno de cesantías para los servidores públicos, se establecen sanciones y se dictan otras disposiciones

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ACT 244 OF 1995

(December 29)

Official Journal No. 42.171 of 29 December 1995

By means of which terms are set for the timely payment of cessations for public servants, sanctions are established and other provisions are dictated.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. 4o. of Law 1071 of 2006. The new text is as follows: > Within fifteen (15) business days following the filing of the application for settlement of the definitive or partial cease-fire, by the petitioners, the employing entity or that which has its charge the recognition and payment of the cease-fire, shall issue the relevant resolution, if it meets all the requirements specified in the law.

PARAGRAFO. In case the entity finds that the request is incomplete, the petitioner must be informed within ten (10) business days of receipt of the request, expressly stating the documents and/or pending requirements.

Once the pending documents and/or requirements have been provided, the application must be resolved in the terms outlined in the first paragraph of this article.

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ARTICLE 2o. 5o. of Law 1071 of 2006. The new text is as follows: > The paying public entity shall have a maximum period of forty-five (45) working days, from which the administrative act which orders the liquidation of the definitive or partial cessation of the public server, to cancel this social benefit, without prejudice to the requirements of the National Savings Fund.

PARAGRAFO. In case of default in the payment of definitive or partial cessation of public servants, the obligated entity will recognize and cancel from its own resources, the beneficiary, one day of salary for each day of delay until the payment of the same is made, for which only the non-cancellation is sufficient to prove the non-cancellation within the term provided in this article. However, the institution may repeat against the official, when it is established that the default in the payment was due to the fault attributable to it.

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ARTICLE 3o. 6o. of Law 1071 of 2006. The new text is as follows: > The State Control Agencies shall ensure that the officials responsible for the payment of the social benefits of the Public Servants comply with the terms set out in this Law.

Likewise, they will monitor that the cease-fire will be canceled in strict order as the requests have been filed, so that the officials in the absence of serious punishment with dismissal are punished.

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ARTICLE 4. All public entities responsible for the recognition and payment of the social benefits of public servants of any order, shall have one (1) year, starting from the To present a balance sheet of the amounts owed by this concept to all its employees. Towards the future they will have to present to their respective Public Corporations, the balance of the contributions and appropriations for the timely payment of all the social benefits, under the penalty of incurring the officials responsible, in causal of misconduct.

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ARTICLE 5o. This law governs from its enactment.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Cartagena de Indias, D.T., at 29 December 1995.

ERNESTO SAMPER PIZANO

The Minister of Labour and Social Security,

MARIA SOL NAVIA VELASCO.

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