1071 OF 2006

(July 31)

Official Journal No. 46.346 of 31 July 2006

CONGRESS OF THE REPUBLIC

By means of which the 1995 Law 244 is added and amended, the payment of definitive or partial cessation to public servants is regulated, sanctions are established and terms are set for its cancellation.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT. This law aims to regulate the recognition of permanent or partial cessation of workers and servants of the State, as well as their timely cancellation.

ARTICLE 2o. passage omitted] (El Universo, 23 March) Public Corporations, Employees, and Workers of the State and their Decentralized Entities -- Members of this law are the recipients of this law. For the same purposes, it shall apply to members of the public force, individuals exercising public functions on a permanent or temporary basis, officials and workers of the Bank of the Republic and private workers affiliated to the National Savings Fund.

ARTICLE 3o. PARTIAL WITHDRAWAL OF CESANTIES. All officials referred to in Article 2o of this Standard may request the withdrawal of their partial injunctions in the following cases:

1. For the purchase and purchase of housing, construction, repair and extension of the same and release of property taxes, contracted by the employee or his or her spouse or partner (a) permanent.

2. To advance studies either of the employee, their spouse or partner (a) permanent, or their children.

ARTICLE 4. TERMS. Within fifteen (15) working days following the filing of the application for the settlement of the final or partial cessation by the petitioners, the employing entity or the entity holding the recognition and payment of the cease-fire, shall issue the relevant resolution, if it meets all the requirements set out 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.

ARTICLE 5o. ARREARS IN PAYMENT. The paying public entity shall have a maximum period of forty-five (45) working days, from which the administrative act that orders the liquidation of the final or partial cessation of the server shall be signed. public, to cancel this social benefit, without prejudice to the provisions 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.

ARTICLE 6o. INSPECTION, SURVEILLANCE AND CONTROL. 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.

ARTICLE 7o. This law governs from its enactment.

The President of the honorable Senate of the Republic,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

REPUBLIC OF COLOMBIA
NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at 31 July 2006.

ALVARO URIBE VELEZ

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

The Director of the Administrative Department of the Civil Service,

FERNANDO GRILLO RUBIANO.