1. Decree No. 594 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Decree legislative number 1039, on April 29, 2006, published in the Official Journal No. 103, vol. 371, June 6 of the same year, was issued the law on Municipal administrative career.
II.-that is justice recognize the right to receive a financial benefit for the voluntary surrender of the municipal employees, establishing the requirements thereof, the term that should be filed, as well as respect for the laws governing the implementation of the municipal 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 Morán Tobar, Abilio Orestes Rodriguez Menjivar, Guadalupe Antonio Vasquez Martinez; Héctor Miguel Antonio Dada Hirezi and Hugo Roger Martínez Bonilla (term 2006-2009); Santos Fernando González Gutiérrez (term 2003-2006), and with the support of the Deputy Mártir Arnoldo Marín Villanueva.
DECREES the following: reforms to the law of the career administrative MUNICIPAL article 1.-Insert following article 53, 53 items - A, 53-B, 53-C, 53-D, 53-E and 53-F, in the following manner: article 53-A.- the municipal employees, shall have an economic benefit for the voluntary renunciation of their employment.
The waiver must be in writing, duly signed by the municipal employees, and accompanied by a copy of one document of identity, and consist in sheets provided by the direction General of inspection of labour of the Ministry of labour and Social Welfare, or dependencies, departmental, or sheets provided by the judges of first instance with jurisdiction in labour matters which shall contain the date of issue and which have always been used the same day or within ten days following that date, or authenticated private document.
The resignation will produce its effects without the need for acceptance of the City Council.
The municipal employees who voluntarily renounce their employment, should bring his resignation later than the last business day of the month of September each year, indicating the date in 2 that will take effect, so that the Council include in its draft budget, the funds necessary to cover such benefits.
Resignations that occur after the month of September, 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 municipality, if they are still in the performance of the office or employment.
It is obligation of the City Council, include 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 City Council shall notify the mendicants, the approval or not of budget funds to cover the delivery by resignation, later than ten business days after the approval of the municipal budget.
AMOUNT of the provision Article 53-B.- the municipal 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 them effects of the calculation of the provision economic to is concerns the subsection previous, no wage may be superior to two times the wage minimum daily legal existing of the sector trade 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 53-C.- the municipal employees enjoy providing one-time by resignation. Consequently, if they ingresaren to work to another municipality 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.
Nor shall enjoy of a new provision by resignation, those employees that have modified their mode of bonding with the municipality, as have waived to square established in law of wages, and pass to mode of contracts, or vice versa.
NEGATIVE to receive it waives Art. 53-D-the Council Municipal will be forced to receive it resigns, must deliver record of the day and time of the presentation. If the Council 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.
3. the section will be mentioned with indication of date and time to the City Council or his representative to notify you of 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 municipal employee.
REGULATIONS top Art. 53-E-in those municipalities in which, under an internal regulation of labour, a collective labour agreement or other legal provision, there was financial compensation for voluntary surrender more than established in this law, shall apply to these sources of law.
EXEMPTION tax article 53-F.-the financial compensation that is paid to the municipal employees, as a result of the regulations established by the present law, shall be exempt from payment of tax on income.
Article 2.-Add the number "13" article 59, in the following manner: "13) enjoy a financial benefit for the voluntary waiver of their employment."
Article 3.-added to article 61 the numeral "9", in the following manner: "9) refuse to receive the resignation of the city employees."
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.
4 DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
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 FN/adar 24-02-2014 legislative index