1 Decree N ° 593 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Decree Law No. 507, date of November 24, 1961, published in the Official Journal No. 239, vol. 193, 27 December of the same year, passed the law on the Civil Service.
II.-that is justice recognize the right to receive a financial benefit for the voluntary surrender of the servants, establishing the requirements thereof, the term that should be filed, as well as respect for the laws governing the implementation of the general budget.
Therefore, in use of its powers constitutional and to initiative of them and them members David Ernesto Reyes Molina, Santiago flowers Alfaro, Claudia light Ramirez Garcia, Jose Antonio Almendariz Rivas, Ana Vilma Castro of Cabrera, Melvin David Gonzalez Bonilla, Rafael Ricardo Moran Tobar, Abilio Orestes Rodriguez Menjivar, Guadalupe Antonio Vasquez Martinez; Héctor Miguel Antonio given Hirezi and Hugo Roger Martinez Bonilla (term 2006-2009); Santos Fernando González Gutiérrez (term 2003-2006), and with the support of the Deputy Mártir Arnoldo Marín Villanueva.
DECREED them following: reforms to the law of the service CIVIL article 1.-Add is the literal "l" to the article 29, of the following way: "(l) enjoy of a provision economic by resigns voluntary to their employment."
Article 2.-interlayer is below of the article 30, them articles 30-to, 30-B, 30-C, 30-D, 30- E and 30-F, of it following way: provision economic by resigns "Art. 30-to-them and them servers public, shall enjoy of a provision economic by it resigns voluntary to his employment."
It waives voluntary must consist by written, duly signed by them and them servers public, and accompanied of copy of your document only of identity, and consist in leaves provided by the address General of inspection of work of the Ministry of work and forecast Social, or their dependencies departmental, or in leaves provided by them judges of first instance with jurisdiction in matter labour which shall contain the date of issue and which have always been used the same day or within ten days following that date, or document private authenticated 2.
The resignation will produce its effects without the need for acceptance of the institution.
The public servants who voluntarily renounce their employment, must bring his resignation later than the last business day of the month of August of each year, indicating the date on which takes effects, the State Agency will ask for in its draft budget, the funds necessary to cover such benefits.
Resignations that occur after the month of August, will follow the procedure laid down in this law, to be valid in the following fiscal year.
If funds are not reconsidered to cover benefits for resignation, employees will continue to work in the institution, if they are still in the performance of the office or employment.
Duty of all holders of public office, is the requested in the proposed budget for the next fiscal year, budget allocations to cover the benefits by resignation, based on the number of employees who intend to resign according to the provisions of this article.
The holders of public offices, shall notify the mendicants, the approval or not of budget funds to cover the delivery by resignation, later than ten business days after the adoption of the general budget.
AMOUNT of benefit Art.30-b.- the public employees who renounce their employment, will receive an economic benefit equivalent to 15 days salary for each year of service basic and proportional by fractions of a year.
For the purposes of the calculation of the benefit referred to in the preceding paragraph, any salary may exceed twice the current legal daily minimum wage in the sector commerce and services.
A time approved them split budget corresponding, such provision must be cancelled to more take in them following sixty days subsequent to the date in that is made effective the resigns.
ENJOYMENT of the provision Article 30-C.-public employees enjoy providing one-time by resignation. Consequently, if they ingresaren to work at another institution that is different to that in which filed his resignation, or the same, not have the right established in this law, but after five years, since the filing of his resignation.
Also have a new feature by resignation, employees who have changed their mode of bonding with the same public institution, such as having renounced square established in law of wages, and switch to contracts, or vice versa.
3 negative to receive the waiver article 30-D.-the institution, shall be obliged to receive the waiver, and must deliver consistency of the day and time of the presentation. If the institution refuses to receive the waiver or deliver the aforementioned record, the have resigned will turn to the respective section of the Ministry of labour and Social Welfare.
The section will be mentioned with indication of date and time to the head of the institution to notify them the decision of the employee resign; This diligence certificate that will sign the parties arise, and if they could not or do not want to sign, shall be disclosed this fact and shall be filed the waiver from the date of the appearance of the worker.
SUPERIOR regulations Art.30-E-in those public offices which, under an internal work regulations, a collective contract of work or other legal provision, there is financial compensation for waiver voluntary superior to that established in the present law, shall apply to these sources of law.
EXEMPTION tax article 30-F.-the financial compensation that is paid to the public employees, as a result of the regulations established by the present law, shall be exempt from payment of tax on income.
Article 3.-added to article 32 the literal "or", in the following manner: "o) refusing to receive the resignation of the civil servants."
Article 4.-established in this Decree, waiver provision shall apply only to the resignations that occur from its entry into force.
Article 5.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, eighteen days after the month of December of two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
4 CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on sixteenth day of the month of January of the year two thousand fourteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Humberto Centeno Najarro Minister of labour and Social Welfare.
D. OR. Nº volume 12 No. 402 date: 21 January 2014 JQ/ngcl 21-02-2014 legislative index