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DECADE N° 593

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That Decree Law No. 507, dated 24 November 1961, published in Official Gazette No. 239, Volume 193, of 27 December 1961, issued the Civil Service Act.

II.- It is justice to recognize the right to receive an economic benefit for the voluntary renunciation of public servants, establishing the requirements of the same, the time to be filed, as well as respect for laws governing the implementation of the general budget.

TANTO,

In use of its constitutional faculties and at the initiative of the representatives David Ernesto Reyes Molina, Santiago Flores Alfaro, Claudia Luz Ramírez García, José Antonio Almendariz Rivas, Ana Vilma Castro de Cabrera, Melvin David González Bonilla, Rafael Ricardo Moran Tobar, Abilio Orestes Rodríguez Menjívar, Arnoldalupe Antonio Vásquez Martínez; Héctor Miguel Antonio Dadatura Hirezi and Hugo Roger Martínez Bonilla

DECRETE the following:

REFORMS TO THE LAW OF CIVIL SERVICE

Art. 1.- Add the literal “l” to article 29, as follows:

“(l) To profit from an economic benefit for voluntary renunciation of employment. ”

Art. 2.- Reference is made below Article 30, Articles 30-A, 30-B, 30-C, 30-D, 30-E and 30-F, as follows:

ECONOMIC PRESTATION BY RENEUNCIA

“Art. 30-A.- Public servants and public servants shall enjoy an economic benefit for the voluntary renunciation of their employment.

The voluntary waiver shall be in writing, duly signed by the public servants, and accompanied by a copy of their single identity document, and shall consist of sheets provided by the Directorate-General for Labour Inspection of the Ministry of Labour and Social Security, or its departmental units, or in sheets provided by the judges of first instance with jurisdiction in the field of employment, in which the date of issuance shall be recorded and provided that they have been used the same day,

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authenticated.

The resignation will produce its effects without the need for acceptance of the institution.

The public servants who voluntarily renounce their employment shall submit their resignation no later than the last working day of the month of August of each year, indicating the date on which they will be affected, for the State unit to request in its budget proposal the funds necessary to cover such benefits.

The waivers that are submitted after the month of August will follow the procedure established in this law, to be effected in the next fiscal year.

If funds are not approved to cover waiver benefits, employees will continue to work in the institution if they are still in the performance of the post or employment.

It is the obligation of all public sector office holders, to request in the proposed budget for the next fiscal year, the budget items to cover waiver benefits, based on the number of employees who intend to resign as provided in this article.

Public office holders shall notify the waivers, approval or not of the budget funds to cover the waiver benefit, no later than 10 working days after the approval of the general budget.

MONTH OF PRESTATION

Art.30-B.- Public employees who renounce their employment will receive an economic benefit equivalent to 15 days of basic salary per year of service and proportionate to fractions of the year.

For the purposes of calculating the economic benefit referred to in the preceding paragraph, no salary may be more than twice the current statutory minimum wage in the trade and services sector.

Once the corresponding budget items have been approved, the allowance shall be cancelled no later than sixty days after the date of the waiver.

GOCE OF PRESTATION

Art. 30-C.- Public employees will only enjoy the waiver benefit. Therefore, if they enter into work with another institution other than that in which they submitted their resignation, or in the same, they shall not enjoy the right set forth in this Law, but until five years have passed, from the interposition of their resignation.

Nor will they enjoy a new waiver benefit, those employees who have changed their way of linking with the same public institution, such as having renounced the place established in the Salaries Act, and moving to the form of contracts, or vice versa.

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REQUIREMENT TO RECEIVED

Art. 30-D.- The institution shall be obliged to receive the resignation, having to give record of the day and time of presentation. In the event that the institution refuses to receive the waiver or submit the record, the waiver shall apply to the respective section of the Ministry of Labour and Social Security.

The section shall summon the holder of the institution by day and time to notify them of the employee ' s decision to resign; of this diligence, a record shall be lifted that the parties shall sign, and if they cannot or will not sign, this circumstance shall be established and the resignation shall be made as of the date of the worker ' s appearance.

SUPERIORS

Art.30-E.- In those public offices where, under internal labour regulations, a collective labour contract or other legal provision, there is an economic compensation for voluntary renunciation higher than that set out in this Act, the provisions of such sources of law shall be subject to.

TRIBUTARY EXENSION

Art. 30-F.- The financial compensation paid to public employees, as a result of the regulations set out in this Act, shall be exempt from the payment of income tax.

Art. 3.- Add to article 32 the literal “or”, as follows:

“o” Refuse to receive the resignation of public servants. ”

Art. 4.- The waiver allowance set out in this decree shall apply only to waivers arising from their entry into force.

Art. 5.- This Decree shall enter into force eight days after its publication in the Official Gazette.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE : San Salvador, at the eighteen days of December of the two thousand thirteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

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CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the sixteenth day of January of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

Humberto Centeno Najarro Minister of Labour and Social Security.

D. O. No 12 Volume No. 402 Date: January 21, 2014

JQ/ngcl 21-02-2014

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