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DECADE N° 594

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That Legislative Decree No. 1039, dated 29 April 2006, published in Official Gazette No. 103, Volume 371, of 6 June 2006, issued the Municipal Administrative Careers Act.

II.- It is justice to recognize the right to receive an economic benefit for the voluntary renunciation of municipal employees, establishing the requirements of the same, the time to be filed, as well as respect for the laws governing the execution of the municipal 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 Alméndariz Rivas, Ana Vilma Castro de Cabrera, Melvin David González Bonilla, Rafael Ricardo Morán Tobar, Abilio Orestes Rodríguez Menjívar, Arnoldo Vásquez Martínez; Héctor Miguel Antonio Dadatura Hirezi and Hugo Roger Martínez Bonlegi

DECRETE the following:

REFORMS TO THE LAW OF THE MUNICIPAL ADMINISTRATIVE CARRE

Art. 1.- Please refer to the following article 53, articles 53-A, 53-B, 53-C, 53-D, 53-E and 53-F, as follows:

Art. 53-A.- Municipal employees shall enjoy an economic benefit for the voluntary renunciation of their employment.

The voluntary waiver shall be in writing, duly signed by the municipal employees, and accompanied by a copy of its Unique Document of Identity, and shall consist of sheets provided by the General Directorate of 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 work, in which the date of issuance shall be recorded and provided that the date has been used.

The resignation will produce its effects without the need to accept the Municipal Council.

The municipal employees who voluntarily renounce their employment shall submit their resignation by the last working day of the month of September of each year, indicating the date at

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to have effect, in order for the Municipal Council to include in its proposed budget the funds necessary to cover such benefits.

The waivers that are submitted after the month of September 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 municipality if they are still in the performance of the post or employment.

It is the duty of the Municipal Council to include 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 under the provisions of this article.

The Municipal Council shall notify the waivers, approval or not of the budgetary funds to cover the waiver benefit, no later than ten working days after the approval of the municipal budget.

MONTH OF PRESTATION

Art. 53-B.- Municipal 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. 53-C.- Municipal employees will only benefit from the waiver benefit. Therefore, if they enter to work in another municipality other than that in which they submitted their resignation, or in the same, they shall not enjoy the right established 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 municipality, such as having renounced the place established in the law of wages, and moving to the form of contracts, or vice versa.

REQUIREMENT TO RECEIVED

Art. 53-D.- The Municipal Council will be obliged to receive the resignation, having to give record of the day and time of the presentation. In the event that the Council refuses to receive the waiver or submit the record referred to, the resignation shall refer to the respective section of the Ministry of Labour and Social Security.

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The section shall summon the Municipal Council or its representative by day and time to notify him of the employee ' s decision to resign; of this diligence, a record shall be lifted which shall be signed by the parties, 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 appearance of the municipal employee.

SUPERIORS

Art. 53-E.- In those municipalities where, by virtue of internal labour regulations, a collective labour contract or other legal provision, there is an economic compensation for a voluntary waiver superior to that established in the present Act, the provisions of such sources of law shall apply.

TRIBUTARY EXENSION

Art. 53-F.- The economic compensation paid to municipal employees, as a result of the regulations set out in this Act, shall be exempt from the payment of income tax.

Art. 2.- Add the “13” number to article 59, as follows:

“13) To enjoy an economic benefit for the voluntary renunciation of their employment. ”

Art. 3.- Add to article 61 the “9” number, as follows:

“9) Refuse to receive the resignation of municipal employees. ”

Art. 4.- The waiver allowance provided for in this Decree shall apply only to waiver arising from its 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 eighteenth day of December of the two thousand thirteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

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

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

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

FN/adar 24-02-2014

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