Law Of Financial Compensation For Services Rendered In The Court

Original Language Title: Ley de Compensación Económica por Servicios Prestados en el Órgano Judicial

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 188

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That the process of administrative restructuring being carried out by the Judicial Authority, includes the decrease in the workload, without undermining

of maintaining the levels of quality and efficiency in all the areas of the service.

II.-That it is of justice to grant to the staff who have lent their For a time

extended in the Judicial Organ or that suffers from a disease that decreases its ability to work, the opportunity to have a retirement worthy of the institution.

III.-That for the achievement of such purpose, it is necessary to promote, through economic compensation, the voluntary retirement of staff not included in the

Judicial Career, which meet the requirements set forth in this Law.

IV.-That the Judicial Body for such purpose has resources generated from the same budget that has been allocated to finance the compliance with

what is established in this Law.

BY TANTO,

in use of its Constitutional powers and at the initiative of Deputies and Deputies Lorena Guadalupe Peña Mendoza, José Francisco Merino López, Hilda Jessenia Alfaro Molina, Carmen Elena

Calderón de Escalon, Rolando Mata Fuentes, Victor Hugo Suazo Alvarez and Donato Eugenio Vaquerano Rivas.

DECCRETA:

ECONOMIC COMPENSATION LAW FOR SERVICES PROVIDED IN THE JUDICIAL BODY

Art. 1. This Law is intended to grant economic compensation to judicial servants not included in the Judicial Career, who are working under the Wage or Contract Law regimes, and meet a minimum of five consecutive years. within that State Authority and

find in any of the following conditions: (a) to have the service time and the age for retirement, which is required by the respective Act; (b) to be retired or to be retired; (c) to be entitled to temporary invalidity given by the institution concerned; and (d) those who do not, however, have the

service time or age for retirement, suffer from illness or impairment that limits your ability to work.

Art. 2.-The judicial servants referred to in this Law, who have previously benefited from a voluntary retirement plan similar to the present, will not be entitled to the benefit to which this Law refers.

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The enjoyment of the compensation that this Law regulates will exclude the beneficiaries from the the granting of the benefits to be provided by other regulations. In case

the judicial server may benefit from one or the other benefit, it must opt for the one that allows it to enjoy superior compensation.

Those who withdraw under the benefits of this Law will not be eligible to work in the the public sector, whether under the Wage or Contract Law regime during the five-year period.

Art. 3.-The economic compensation to be granted shall be calculated on the basis of the last due wage, multiplied by each year or fraction of more than six months of consecutive service in any dependence of the Judicial Authority, without exceeding the Twenty thousand dollars from the United States

of America ($20,000.00), and will be exempt from the payment of the Income Tax.

The number of beneficiaries of such compensation will be subject to budgetary availability

This effect has been set by the Judicial Body.

Art. 4.-Persons who wish to withdraw in accordance with this Law must submit their

waiver of the formalities referred to in Article 30 -A of the Civil Service Act, with clear expression of their willingness to benefit from the law. compensation that is governed by this Law, and must be filed during the period fixed by the Supreme Court of Justice for such purposes.

The letter of resignation referred to in the foregoing paragraph shall be submitted to the Directorate of Human Resources of the Supreme Court of Justice. In the case of staff working in the Chambers of the second instance, Courts of First Instance or Peace Courts, they must also submit a copy

of the resignation with the stamp of receipt of the respective Magistrate or Judge; and the general coordinator in the case of judicial servers working in the common offices of Integrated Judicial Centers.

Art. 5.-The time of service in the Judicial Body, the quality of being subject to temporary invalidity, must be checked with the crowded persons who extend the institution's Human Resources dependencies.

The quality of the retiree or The person concerned shall be accredited by the person concerned by the presentation of a certified copy or a record of the resolution issued by the Pension Fund Administrator

, the National Pension Institute of Employees Public, Social Security Institute of the Armed Forces, which will be delivered in no longer term of five working days counted from the filing of the application.

The limitation caused by illness shall be verified by medical advice certified by the Salvadoran Social Security Institute, in which it is determined that condition.

The amount of the last salary will be set by means of certification extended by the respective auxiliary payer.

Compliance with the requirements outlined above, will be verified by a committee (a) a disciplinary action to be taken by the members to designate the Chair of the Judicial Body.

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Art. 6.-The amount of the financial compensation payments referred to in this Law will be financed according to the availability of the Judicial Authority's own budget allocation.

Art. 7.-The places that are vacant due to the resignation of the staff that is engaged in the economic compensation that this Law regulates, will remain frozen for the period of six months.

They are excluded from the previous regulation, the squares of Head, Medical examiners, Auxiliary of autopsies, those of servers belonging to the jurisdictional area and for those of the area

administrative that the Superior Directorate considers indispensable for the normal development of the activities of the Judicial Organ.

Art. 8.-All waivers that have effects prior to the validity of this Law shall not be considered for the benefit of the financial compensation referred to in the previous articles.

Art. 9.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the nineteenth day of the month of November of the year two thousand fifteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

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PRESIDENTIAL HOUSE: San Salvador, at the twenty-three days of the month of November of the year two thousand Fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Juan Ramón Carlos Enrique Cáceres Chávez,

Minister of Finance.

D. O. N ° 218 Took N ° 409 Date: November 26, 2015

SP/adar 21-12-2015

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