DECREE No. 507 DIRECTORY CIVIL MILITARY EL SALVADOR, CONSIDERING
I. That Article 109 of the Constitution of 1950 establishes the administrative career, recognizes the guarantee of permanence
officials and employees covered by it and provides that a special law will regulate the civil service;
II.- That in accordance with the constitutional provision cited the law governing the civil service must especially understand the conditions of joining the administration, the rules on promotions, promotions, transfers, suspensions and dismissals
the officers and employees included in the administrative career; and appeals against decisions affecting them;
III.- to ensure management efficiency in the public interest, it is essential that the special law on the subject also regulates the duties and prohibitions should be subject officers and employees;
IV That in compliance with Article 111 of the Constitution mentioned, the provisions of the law that decreed should be extended to
officials and municipal employees.
in use of legislative powers under Decree No. 1 of January 25 this year, published in the Official Journal No. 17, Volume 190 of the same date,
DECREES, sanctions and promulgates the following:
CIVIL SERVICE LAW CHAPTER I PROVISIONS
NAME, PURPOSE AND PRINCIPLES OF LAW (11)
Art. 1. THIS STATUTE IS CALLED "CIVIL SERVICE LAW" AND HAS SPECIAL PURPOSE FOR REGULAR STATE RELATIONS AND THE MUNICIPALITY WITH ITS PUBLIC SERVANTS
; ENSURE PROTECTION AND STABILITY OF THESE AND EFFICIENCY OF PUBLIC INSTITUTIONS AND PUTTING THE ADMINISTRATIVE CAREER BY THE SELECTION AND PROMOTION OF STAFF ON THE BASIS OF MERIT AND FITNESS. (11)
Art Scope of Law. 2. are subject to the provisions of this Act, except that later SAY, PUBLIC SERVANTS OF PUBLIC INSTITUTIONS
WHEN IN THE TEXT OF THIS ACT REFERS TO PUBLIC ADMINISTRATION OR PUBLIC INSTITUTIONS WILL BE REFERRING TO THE PRESIDENT OF THE REPUBLIC, MINISTRIES, BODY LEGISLATIVE, JUDICIAL BODY, ORGAN SEPARATE POLICIES
DEPARTMENTAL GOVERNMENTS AND MUNICIPALITIES. ALSO, WHEN THIS ACT REFERS TO public official or employee, SE BE REFERRING TO PUBLIC EMPLOYEES OR SERVANTS.
MEMBERS OF TEACHERS AND FOREIGN SERVICE BY THE NATURE OF ITS FUNCTIONS, BE GOVERNED BY SPECIAL LAWS; REGARDLESS OF SOCIAL RIGHTS CONTAINED IN THIS LAW
, WHICH APPLY TO THEM SUCH PUBLIC SERVANTS. (4) (11)
Creating and deleting jobs
Art. 3. Any plaza, public office or employment may only be created or abolished by law; and to take possession or entering hold office or employment the official or employee shall be appointed
under it. This provision is applicable, as appropriate, to cases of transfers. Excluded
Administrative Career Art. 4. NOT BE COVERED BY THE ADMINISTRATIVE CAREER PUBLIC SERVANTS FOLLOWING:
a) ELECTION OFFICIALS OF POPULAR.
B) ministers and deputy ministers of State.
C) THE GENERAL PROSECUTOR OF THE REPUBLIC, THE ATTORNEY GENERAL OF THE REPUBLIC,
THE ATTORNEY FOR THE DEFENSE OF HUMAN RIGHTS, THE SECRETARIES-GENERAL OF PUBLIC INSTITUTIONS AND DEPUTY ATTORNEY.
D) SECRETARIES OF THE PRESIDENCY OF THE REPUBLIC.
E) POLITICAL GOVERNORS AND CLERKS DEPARTMENTAL
POLICIES OF DEPARTMENTAL GOVERNMENTS AND MUNICIPAL mayoralties.
F) THE PRESIDENT, JUDGES, SECRETARY GENERAL AND SENIOR OFFICIAL
SUPREME COURT; JUDGES, SENIOR OFFICIALS AND SECRETARIES OF appellate courts; JUDICIAL OFFICIALS TO CATEGORY OF JUDGES FIRST INSTANCE OF JUDGES OF PEACE AND ITS SECRETARIES; HEADS OF SECTIONS PROBIDAD,
NOTARIZED, professional research, JUDICIAL AND HEADS OF SECTION OF THE SUPREME COURT AND FOR SECRETARIES.
G) MEMBERS OF THE COURT OF CIVIL SERVICE ELECTORAL SUPREME COURT, APPELLATE COURT OF INTERNAL REVENUE AND CUSTOMS AND MEMBERS
THAT MAKE FULL OF NATIONAL COUNCIL OF THE JUDICIARY AND ITS EXECUTIVE SECRETARY.
H) THE PRESIDENT, JUDGES AND SECRETARY OF THE COURT OF AUDITORS OF THE REPUBLIC.
I) THE PRESIDENT AND SECRETARY OF SUPERIOR PUBLIC HEALTH COUNCIL COUNCIL WORK AND SUPERIOR NATIONAL COUNCIL OF MINIMUM WAGE.
J) MEMBERS OF THE ARMED FORCES AND NATIONAL POLICE CIVIL.
K) CHIEFS, COMMANDERS AND PERSONAL SURVEILLANCE prisons;
INSPECTORS AND GUARDIANS OF MINORS AND CENTERS tutelary CUSTOMS OF THE REPUBLIC; DELEGATES, SUB-DELEGATES GENERAL DIRECTION OF MIGRATION; CUSTOMS MANAGERS, SUB-MANAGERS OF CUSTOMS AND SECRETARIES.
L) Public servants holding posts as principals, assistant principals and secretaries thereof; MANAGERS, HEADS OF DEPARTMENT OF SECTION
, ADMINISTRATORS, collectors, treasurers, PAYING, INTENDENTES, GUARDIAN-WAREHOUSE, vintners ANY RELIANCE AND AUDITORS IN PUBLIC INSTITUTIONS, AND HANDLED THAT PUBLIC FUNDS OR LOCAL
U OTHER GOODS THAT ARE IN CUSTODY, OR ANY OTHER DEPOSIT BY THE STATE TITLE, OR FOR THE PERFORMANCE OF ITS FUNCTIONS ARE BOUND TO FAVOR
bail OF TREASURY; And in general, public servants who are responsible PROCESSING OF PAYMENT ORDERS.
M) PEOPLE UNDER CONTRACT, REFERRED TO THE ART. 83 GENERAL PROVISIONS OF BUDGETS.
WITHOUT PREJUDICE TO IN THE ABOVE literals, ANYONE SERVES permanent, OWN PERFORMANCE OF PUBLIC INSTITUTIONS UNDER THE SCHEME CONTRACTED CONTRACT, they must fall
THE PROVISIONS OF THE ABOVE PARAGRAPH MAY NOT APPLY TO CONTRACTS
CONCLUDED BY THE LEGISLATURE.
FOR PURPOSES OF THIS LAW IS UNDERSTOOD BY SERVICE PERMANENTLY TO THOSE PROVIDED BY NATURAL PERSON UNDER A FIGURE OF CONTINUITY AND
dependency or subordination necessary to fulfill corporate goals; RECEIVING A SALARY BUDGET FINANCED WITH RESOURCES GENERAL STATE
. (4) (5) (6) (8) (9) (11) (12)
SCOPE OF EXCLUSIONS (11)
Art . 5. PUBLIC SERVANTS COVERED BY PREVIOUS ARTICLE SHALL, NOTWITHSTANDING THEIR EXCLUSION, DUTIES AND BANS AND RESPONSIBILITIES incur the
established by this law. IN REGARD TO SOCIAL RIGHTS COVERED IN THIS LAW, shall be governed PROVIDED IN CHAPTER XI OF THE SAME. (11) CHAPTER II ORGANIZATION
Competent bodies Art. 6. For the purposes of this law are created as competent bodies Civil Service Commissions and the Civil Service Tribunal, which in the text of this law will be called:
Commission and Court respectively.
Civil Service Commissions Art. 7. There will be a committee in each of the following offices of the Administration:
a) Legislative Assembly;
B) Supreme Court;
C) of second instance, except those established in the capital of the Republic;
D) Presidency of the Republic;
E) Secretaries of State;
F) Court of Accounts of the Republic;
G) Attorney General of the Republic;
H) ATTORNEY GENERAL OF THE REPUBLIC; (11)
i) SUPREME ELECTORAL TRIBUNAL; (11)
j) DEFENSE ATTORNEY FOR HUMAN RIGHTS; (4) (11)
L) Departmental Headwaters Municipal Mayors; and
m) Secondary Units or Units of Secretaries of State
based in the provincial capitals, except in San Salvador.
N) NATIONAL COUNCIL OF THE JUDICIARY. (11)
The respective committees shall know of the subjects of this law, as staff offices acting both primary unit itself as secondary units
organization concerned it is responsible ; within the Department; unless the Commission of the Supreme Court of Justice, also known issues regarding employees of the Chambers of Second Instance and Courts of First Instance and Peace established in the Department of San Salvador
; commissions of the Chambers of Second Instance also hear the cases concerning employees of the Courts of First Instance and Peace included in the respective jurisdiction; commissions of the Municipal Mayors of the departments also known
those relating to staff of the Municipal Mayors of the respective Department, and in the same way act Commissions units specified in subparagraph m).
When in the same locality there is more than a Chamber of Second Instance, the Commission will be established in the you know in the Civil bouquet. How to integrate
Art Commissions. 8. EACH Commission shall consist of three members who shall hold office for two years and may be reappointed; AND THERE WILL BE THREE Alternates
REPLACE THOSE IN CASES OF ABSENCE EXCUSE OR DISABILITY. MEMBERS MUST BELONG TO SUCH PERSONNEL IN PUBLIC INSTITUTION that work, TECHNICAL CAPACITY AND GOOD FOR CARGO AND NOTORIOUS TO NAME THE HOLDER MUST BE ATTORNEY
INSTITUTION, EXCEPT THOSE INSTITUTIONS IN WHICH WOULD NOT HAVE LAWYER. (11)
The owners members will be appointed, one by the Minister or head of the unit or institution concerned; another by the Civil Service Tribunal; and the third by election officials and employees protected by this law working in the respective departments of the administration.
The alternates shall be appointed and elected in the same way that homeowners.
A regulation determine how to make the choice.
SERVICE MEMBERS OF COMMISSIONS ARE DEEMED TO CHARGE INHERENT
ONCE ELECTED MEMBERS APPOINTED OR COMMISSIONS SHALL BE SWORN
BY THE HEAD OF UNIT WITHIN A MAXIMUM TERM OF THREE DAYS. (11)
HEAD OF UNIT WILL BE IN THE OBLIGATION provide any assistance TO MEMBERS OF THE COMMISSION FOR THIS WORK EFFECTIVELY AND ACCORDING TO THE LAW.
IF NECESSARY TO MEMBERS OF THE COMMISSION TO MEET ITS OBLIGATIONS WITHIN THIS EXTRAORDINARY PROVIDE SERVICES IN NO WORK HOURS INSTITUTION OR MUNICIPALITY
MUST CANCELARLES REMUNERATION FOR OVERTIME SUCH; HAVING TO MAKE THE CALCULATION OF CONFORMITY TO IN THE GENERAL BUDGET PROVISIONS OR FOR MUNICIPAL BUDGET
. (11) Art
Court of Civil Service. 9. THE CIVIL SERVICE TRIBUNAL shall consist of three members; AND THERE WILL BE FURTHER three alternates to replace those
IN CASES OF MISSING, EXCUSE OR DISABILITY.
APPOINTED MEMBERS OWNERS WILL BE ONE, BY THE LEGISLATURE,
OTHER BY THE EXECUTIVE IN COUNCIL OF MINISTERS, AND THE THIRD PARTY FOR THE SUPREME COURT, NATO REMAIN PRESIDENT OF THE COURT, THE APPOINTED ASSEMBLY LEGISLATIVE. They ARE APPOINTED ALTERNATE MEMBERS OF THAT SAME WAY
TO BE A MEMBER OF THE COURT IS REQUIRED: BE ATTORNEY OF THE REPUBLIC, EL SALVADOR by birth, over thirty years, have played CHARGES IN MUNICIPAL
PUBLIC ADMINISTRATION OR FOR A PERIOD NOT LESS THAN FIVE YEARS AND BE repute , and competence.
TO THE COURT WILL THE CITY OF SAN SALVADOR. (7) Duration of functions
Members of the Court
Art. 10. MEMBERS OF THE COURT OF CIVIL SERVICE, serve for a period of three years from THE DATE OF ITS
APPOINTMENTS AND MAY BE RE-ELECTED. (7)
Neither they will be removed, if not for just cause and by decision of the Supreme Court of Justice
which proceed summarily, ex officio or by petition of an interested party.
Requirements for Members of the Court or
Art Commission. 11. TO BE A MEMBER OF A CIVIL SERVICE COMMISSION REQUIRED:
a) be Salvadoran by birth;
B) be of age;
C) HAVE TECHNICAL ABILITY TO CHARGE;
D) BE repute, and competence. (7)
Functions and powers of the commissions
Art. 12.- Corresponds to the Civil Service Commissions:
a) Form the ranks of officials and employees dependent agency or institution in which they operate;
B) Select candidates who are eligible to enter the staff included in the administrative career;
C) to report to the Civil Service Tribunal, semiannually, in stating the necessary specifications for each employee, namely: length of service, merit, periodic employee qualification carried by their bosses, faults,
suspensions, behavior and other data as the Court deems necessary;
D) Conduct and qualify suitability tests referred to in Art. 20;
E) waive the requirement of the contest in the case of Art. 35;
F) Meet single instance in cases of admonition
officials or employees in the exercise of office or employment;
G) at first instance in all other cases of sanctions established; and
h) Any other powers that the law point to them.
In case of claim against one of the members of the Civil Service Commission, or alternate, known in the first instance the Commission to the Court noted.
Powers of the Court Art. 13.- The powers of the Court of Civil Service:
a) Meet, on appeal for review and annulment of final decisions handed down by the Civil Service Commissions;
B) To hear complaints brought against other decisions of the Civil Service Commissions or heads of dependence when
alleged manifest injustice caused by them to the complainants;
C) Rehabilitating officials or employees dismissed;
D) Evacuate the consultations to be made on the application of this law;
E) Prepare the draft general regulation containing all provisions
necessary for the best application of this law, to consideration by the Executive Branch in the Field of the Interior;
F) settle conflicts of jurisdiction arising between Civil Service Commissions;
G) To keep a register in which with all information provided by the Commissions, pursuant to subparagraph c) of the preceding article; and
h) train members of the respective committees, AS WELL AS PUBLIC SERVANTS OF PUBLIC INSTITUTIONS request; (11)
i) OTHER POWERS THAT YOU INDICATE THIS LAW. (11)
Art Sessions and diets. 14. THE COURT CIVIL SERVICE ISSUES HAVE EVER KNOW WHAT AND IS CALLED BY THE SECRETARY, AND ITS MEMBERS bear
DIETS TO DETERMINE THE LAW OF WAGES TO MEET. (1)
junior staff Art. 15. ORDINARY COURT WILL WORK BY A SECRETARY APPOINTED FOR THAT ONE, WHO WILL MAKE THE CALLS WHENEVER NECESSARY.
The position of Secretary is incompatible with any other office or employment PUBLIC ADMINISTRATION OR MUNICIPAL.
ALSO BE THE SUBORDINATE PERSONNEL NEEDED AND APPOINT THE COURT'S OWN.
Junior staff SUBJECT TO THIS LAW IN WHAT YOU applicable; AND ITS CLAIMS, KNOWN IN FIRST INSTANCE, THE
CIVIL SERVICE COMMISSION OF THE SUPREME COURT, THE SECOND INSTANCE AND DEPUTY OF THE COURT CIVIL SERVICE MEMBERS. (9) Impediments and excuses
Art. 16. The members of the committees and the Civil Service Tribunal may be challenged, and shall recuse
prevented from knowing or declared on the grounds referred to in Art. 1182 of the Code of Civil Procedure, which will be graded by members of the respective commission or tribunal who remain working. Obligation to reports
Art. 17.- The heads of government offices, municipalities and agencies referred this
law, are obliged to allow access to these units to members of the Committees on Civil Service and the Civil Service Tribunal or its delegates, and to deliver the reports
ask them in matters they know.
CHAPTER III CIVIL SERVICE ENTRANCE TO
Requirements for admission Art. 18. To enter the civil service and administrative career belong required:
a) be Salvadoran, Central American or foreign origin qualify
established by the Constitution and secondary laws;
B) be eighteen years of age, or have obtained title to enable it to play
office or employment;
C) Undergo suitability tests, examinations or competitions that this law and respective regulations set
D) be physically capable of performing the duties;
E) proof of good conduct, especially with attestations issued by the offices where any previously worked, or educational institutions if they involve applicants who have played no employment;
F) To be chosen for the office or employment among eligible in the manner set forth in Art. 23;
G) Spend a trial period of three months from the date of possession of the office or employment is taken; and
h) Fill the other requirements required by special laws.
IN NO EVENT BE REQUIRED TO CANDIDATES, HIV TESTING. (13)
may not enter the Administrative Career
Art. 19.- not be able to enter the administrative career:
a) Those who have been convicted of a felony final judgment during the time of grief, even if they benefit from parole;
B) Those who have been convicted in final judgment for crimes under Title VII, Book II of the Penal Code, for as long as the decision point and while rehabilitation is not granted by the Court of Civil Service;
C) held by them in against him, issued an arrest warrant for a felony that does not support bailable offense or release as she does not become effective;
d) Those who have been dismissed from office or employment under this law, while not be rehabilitated by the Court of Civil Service;
E) Persons suffering from contagious disease; and
f) Customary drunk. CHAPTER IV
RECRUITMENT Selection of new staff
Art. 20. The selection of personnel entering the administrative career is done through suitability tests, which will be accepted only applicants eligible
established in Art. 18. expressly excepted charges determined by the law. Call for applicants
Art. 21. When a vacancy must be filled by the system not climb occur, the respective Civil Service Commission will occupy aspiring called by a notice to be published once in one of the largest newspapers in the Republic
eight days in advance, at least the date of registration being closed, and by telegram addressed to their respective addresses. The notice will contain the number of places available, the requirements to occupy and dates that registration will close and the test will be verified. Selection of candidates
Art. 22.- effected suitability tests, the Commission will select the three best qualified candidates and propose to the authority, agency or institution should appoint the new official or employee.
If the Commission considers ineligible none of the candidates who have submitted, I say so and submit the square to contest again.
The Employee will be chosen within the payroll
Art. 23. The authority, agency or institution should appoint the new officer or employee shall choose it among those included in the list proposed by the Commission, unless it has reasonable grounds to object to the selection; in which case it will manifest and the Commission stating the reasons
which he has for it and asking for a new panel.
If the Commission considers worthy of consideration the reasons propose a new slate, he selected whatever
among eligible; but otherwise it manifest and those in charge of the appointment and decide the dispute the Civil Service Tribunal.
Several squares Case
Art. 24. If the vacancies of the same class are two or more and shall have been subject to the same competition, the list of candidates proposed by the Commission must contain or be equal to the number of places
plus two, and appointments will be made between those included in that list without prejudice to the preceding article.
Technical Advisories Art. 25. When the preparation and qualification of suitability tests required
special in any science or art knowledge, Civil Service Commissions, authority, agency or institution should appoint the officer or employee and the Civil Service Tribunal in their respective cases, they may request technical advice to other state agencies and they are obliged to provide it for free
. Only lack of technicians in state agencies, be brought to individuals.
The preparation and qualification testing shall be subject to special rules that tell you how to exercise them, rating scales, etc. Regulation
trial period Art. . 26. The trial period for the literal g) of Article 18 refers is regulated as follows:
a) If the officer or employee bringeth not satisfactory services may be removed without any formality during this period, giving up report the respective Civil Service Commission containing the reasons were for removal;
B) During this period the Head of the respective departments, the Committees may request the removal of the employee or official, if it is found that there was fraud in the process
appointment or an error clear material, such as confusion of names. In cases of this literal official or employee shall be previously heard by his boss for a period of three days.
Art. 27.- satisfactorily After the trial period, and if I will continue in office or employment, officer or employee shall enjoy full protection granted by this law.
Cases where the
Art suitability test is not necessary. Only 28.- office or employment can be granted without suitability tests in the following cases:
a) QUAD case of persons who, having belonged to the civil service in accordance with this law, shall have been voluntarily withdrawn or suppression square, where previously they have successfully played the same position
or employment or similar for a period of at least two years and his retirement does not exceed the same period;
B) In the case of filling seats, not exceeding six months;
C) When not to obstruct the administration, there is a need to appoint an officer or employee
interim basis for a period not exceeding two months.
CHAPTER V Rights, Duties and Prohibitions.
Rights Officers and Employees
Art. 29. Officers and employees included in the administrative career and
protected by this law shall enjoy the following rights:
a) tenure or employment. Consequently, they can not be removed,
dismissed, suspended, exchanged, transferred or demoted except in the cases and with the requirements established by this law;
C) accrued salary, allowances and emoluments tuvieren assigned the office or employment to have been appointed; and may only hacérseles authorized by law
D) time off, vacation and leave prescribed by the relevant laws;
E) bonuses or bonuses in the month of December each year, in the manner and with the limitations determined by the respective decree;
F) To examine the record books with the Commissions or Civil Service Tribunal, learn about the qualifications of their services make their superiors and do in
appropriate, relevant claims;
G) Retirement, pension, retirement or pawnshop according to special laws on this matter
h) funeral by the State or the Municipality, in the amount determined by the
I) PARTICIPATION IN THE REGULATION OF THEIR CONDITIONS OF EMPLOYMENT
ROUTE OF COLLECTIVE BARGAINING THROUGH THE UNION OF WORKERS ASSOCIATIONS WITH LEGAL PERSONALITY, IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; (11)
j) FREE ORGANIZE, IN THE FORM AND MECHANISMS IN THE CONSTITUTION OF THE REPUBLIC INTERNATIONAL CONVENTIONS AND THIS LAW; And, (11)
k) other rights established by law and collective work contracts. (11)
l) ENJOY AN ECONOMIC PROVISION FOR WAIVER TO YOUR USE. (14)
SUPPRESSION OF SEATS Art. 30. IF officer or employee falls vacant SUPPRESSION BY PLAZA, ENTITLED TO RECEIVE COMPENSATION TO MONTHLY SALARY EQUIVALENT
PLAZA FOR SUCH, FOR EVERY YEAR OR FRACTION IN EXCESS OF SIX MONTHS OF SERVICES, IN the following ratio:
a) IF ANY MONTHLY SALARY UP tO FOUR minimum wages, compensation BE UP tO TWELVE MONTHLY SALARY EQUIVALENT MAXIMUM;
B) MONTHLY SALARY IF ANY than four minimum wages, UP TO EIGHT MINIMUM WAGES, COMPENSATION WILL BE TWELVE MONTHS, UP TO SIXTY THOUSAND COLONES;
C) MONTHLY SALARY IF ANY HIGHER THAN EIGHT MINIMUM WAGES, COMPENSATION NOT EXCEED THE EQUIVALENT OF SIX MONTHLY SALARIES.
COMPENSATION REFERRED the preceding paragraphs BE PAID FOR MONTHLY SAME, CONSECUTIVE, FROM THE USE OR SUPPRESSION OF CHARGE.
PAYMENT OF COMPENSATION IS SUSPENDED FROM THE MOMENT THAT BENEFITED goeth PERFORM IN ANY OTHER CHARGE OR MUNICIPAL PUBLIC ADMINISTRATION.
IN CASE OF NEW ABOLITION OF PLAZA, THE AMOUNT OF COMPENSATION FOR TIME IN THE NEW CARGO SERVICE OR USE, AND AGREE TO INTERESTED AS will join the
AMOUNT OF THE MONTHLY PAYMENTS FOR THE PREVIOUS AND SUPPRESSION PURSUANT could not be paid with the preceding paragraph. IF IN WHOSE USE NEW POSITION OR PLACE HAS BEEN DELETED, NO RIGHT TO ANY he could claim COMPENSATION FOR FAILING
FULFILLED THE TIME PROVIDED BY LAW, WILL HAVE THE RIGHT TO ENJOY THE MONTHLY PAYMENTS OF COMPENSATION FOR HAVING LEFT OF paid to him COME TO PERFORM THE NEW CHARGE.
CHANGE OF NAME OF EMPLOYMENT DOES NOT IMPLY POSITION OR REMOVING THE SAME, AND THAT OFFICER OR EMPLOYEE carries out ENTITLED TO OCCUPY THE NEW NAME THAT
with his duties, unless such ALSO REQUIRED TO THOSE WHO FIND fill these vacancies, jUSTIFIED REQUIREMENTS, DIFFERENT AND APPROVED BY THE MINISTRY OF FINANCE, BY THE FACULTY set forth in Chapter IX of this law.
THAT WILL BENEFIT THEM officer or employee whose modality to provide services THE STATE HAS BEEN THROUGH PERMANENT HIRING. (10)
ECONOMIC BENEFIT WAIVER (14)
Art. 30-A.- THE PUBLIC SERVANTS AND, WILL ENJOY AN ECONOMIC BENEFIT THE WAIVER TO YOUR USE.
THE WAIVER shall be in writing, SIGNED BY PROPERLY AND PUBLIC SERVANTS, AND ACCOMPANIED BY YOUR SOLE COPY OF IDENTITY, AND PUT IN LEAVES PROVIDED BY DG INSPECTION
WORK OF THE MINISTRY OF LABOR AND SOCIAL WELFARE OR ITS DEPARTMENTS, OR SHEETS PROVIDED BY THE JUDGES OF FIRST INSTANCE WITH JURISDICTION IN WORK PREMISES, which shall include the DATE OF ISSUANCE AND WHENEVER
They have been used SAME DAY OR WITHIN TEN DAYS OF THAT DATE, DOCUMENT OR PRIVATE authenticated.
Take effect RESIGNATION WITHOUT ACCEPTANCE OF THE INSTITUTION.
THE PUBLIC SERVANTS AND THAT YOUR USE VOLUNTARILY GIVE UP, SHOULD BRING HIS RESIGNATION NO LATER THAN LAST MONTH BUSINESS DAY
AUGUST EACH YEAR INDICATING THE DATE ON WHICH EFFECTS FOR STATE DEPENDENCY YOUR REQUEST IN DRAFT BUDGET FUNDS NEEDED TO COVER SUCH PERFORMANCE.
DISCLAIMERS ARISING AFTER AUGUST, WILL CONTINUE TO STEP IN THIS LAW PROVIDED FOR IN THE FOLLOWING take effect FISCAL YEAR.
IF YOU approve it FUNDS TO COVER BENEFITS WAIVER, employees will continue working in the institution if they still abide in
PERFORMANCE OF OFFICE OR EMPLOYMENT.
IS THE OBLIGATION OF ALL OFFICE HOLDERS OF PUBLIC SECTOR,
REQUEST IN THE DRAFT BUDGET FOR THE NEXT FISCAL YEAR, BUDGET ITEMS TO COVER THE BENEFITS WAIVER, BASED ON THE NUMBER OF EMPLOYEES RESIGN AS intending THE PROVISIONS OF THIS SECTION.
HOLDERS OF PUBLIC OFFICE SHALL NOTIFY RENUNCIATES, APPROVAL OR THE BUDGET FUNDS TO COVER THE PROVISION FOR WAIVER,
NO LATER THAN TEN BUSINESS DAYS AFTER THE ADOPTION OF THE GENERAL BUDGET. (14)
amount of benefit (14)
Art.30-B.- THE AND PUBLIC EMPLOYEES quits work, RECEIVE AN EQUIVALENT TO FIFTEEN DAYS OF BASIC SALARY FOR EACH YEAR OF SERVICE AND PROPORTIONAL
ECONOMIC BENEFIT fractions of a year.
FOR THE EFFECTS OF CALCULATION OF ECONOMIC PROVISION REFERRED TO THE
preceding paragraph, NO WAGES MAY BE TWICE OVER THE CURRENT MINIMUM WAGE DAILY LEGAL TRADE AND SERVICES SECTOR.
ONCE APPROVED BUDGET HEADING FOR, this benefit must be paid NO LATER THAN SIXTY IN THE FOLLOWING AFTER THE DATE ON WHICH BECAME EFFECTIVE DAY WAIVER. (14)
ENJOYING THE PROVISION (14)
Art. 30-C.- PUBLIC EMPLOYEES WILL ENJOY ONE TIME BENEFIT OF RESIGNATION. ACCORDINGLY, IF INGRESAREN A LABOR TO ANOTHER INSTITUTION THAT OTHER THAN THAT YOUR WAIVER filed, or the same, not have the right
ESTABLISHED IN THIS LAW PASSED UNTIL FIVE YEARS FROM FILING YOUR RESIGNATION.
NEITHER WILL ENJOY A NEW PROVISION FOR WAIVER,
employees who have changed their METHOD OF BONDING WITH THE SAME PUBLIC INSTITUTION, AS HAVE WAIVED PLAZA ESTABLISHED IN WAGE LAW, AND SPEND A METHOD OF CONTRACTS, OR VICE VERSA . (14)
REFUSAL TO RECEIVE THE RESIGNATION (14)
Art. 30-D.- THE BANK, WILL RECEIVE A WAIVER MUST, having DELIVER RECORD DAY AND TIME OF PRESENTATION. IF THE INSTITUTION refuses to RECEIVE THE RESIGNATION OR DELIVER THE PROOF REFERRED, the quitter attend the
SECTION RESPECTIVE MINISTRY OF LABOR AND SOCIAL WELFARE.
SECTION zither POINTING TO DAY AND TIME
HOLDER INSTITUTION FOR THE EMPLOYEE notify DECISION TO RESIGN; THIS RECORD WILL RISE DILIGENCE TO SIGN THE PARTIES, AND THEY MAY OR IF they refuse to sign, shall be specified AND HAVE FILED BY RESIGNATION FROM THE DATE OF APPEARANCE
ABOVE ADJUSTMENTS (14)
Art.30-E.- IN THOSE PUBLIC OFFICES IN WHICH, UNDER A WORK RULES, A COLLECTIVE WORK CONTRACT OR OTHER STATUTORY, || | THERE IS AN ECONOMIC COMPENSATION FOR WAIVER EXCEED THE STATED IN THIS LAW, WILL BE PROVIDED IN THESE SOURCES OF LAW. (14)
17 TAX EXEMPTION (14)
Art. 30-F.- ECONOMIC TO PAY COMPENSATION TO PUBLIC EMPLOYEES AND, AS A RESULT OF REGULATIONS SET FORTH IN THIS LAW, WILL EXEMPT THE PAYMENT OF INCOME TAX. (14)
Duties of Officers and Employees
Art. 31. In addition to the established by the laws, decrees, special regulations are obligations of officials and public or municipal employees:
a) ATTEND TIMELY TO WORK IN THE HEARINGS IDENTIFIED AND ENGAGE TO HIM DURING THE HOURS ACCORDING TO APPLY respective laws and regulations; (7)
b) To perform with zeal, diligence and probity obligations inherent in his office or employment;
C) Save the confidentiality and discretion required in matters of which they have knowledge by reason of their office or employment, even after they have ceased performing them;
D) Refuse gifts, promises or rewards to be offered as a reward, even if it is by way of early release;
E) Comply with dignity to their superiors, obey his orders in labor matters seriously and observe the performance of their duties;
F) Addressing the public on a careful and keep due consideration in the relations which he has with him by reason of his office or employment;
G) Behave with due correction in relationships with coworkers and subordinates;
H) Excusing or declared disabled to act in cases determined by law; e
i) comply with their obligations impartially and selflessly.
J) To perform other obligations imposed by this Act and the collective bargaining agreements. (11)
A) Impose sanctions subordinates in order to take any retaliation against them political, or constitute violation of any rights that the laws them |: 32.- is strictly prohibited to public officials and municipal employees or ||
B) Request of other officers and employees, statements, accessions or declarations of any nature and especially those who are directly or indirectly related to militant politics;
C) collect or solicit directly or indirectly from government agencies other contributions or subscriptions or municipal public servants, aimed at sustaining
campaigns or political parties, or entertainment from superiors;
D) To hold in the offices where they work badges or emblems accrediting them as members of a political party;
E) To perform private jobs that are incompatible with public office or employment or municipal, either match the hours of work or any other circumstances when there is no inconsistency in both offices, the applicant requested authorization
to the respective Civil Service Commission before accepting the position;
F) Sponsor matters and perform administrative procedures concerning third parties that are processed in the offices where they work.
G) LIMITING THE RIGHTS OF NON-AFFILIATES, EVEN labor or trade union; (11)
h) physical violence or psychological or coercing AFFILIATES FOR NON ENTERING THE UNION, THE AFFILIATES FOR NO withdrawn from an OA
OR OTHER ONES FOR FREE prevent them from exercising their work; (11)
i) promoting or condoning crime; (11)
j) DO FOR MEDIA DIRECT OR INDIRECT DISCRIMINATION BETWEEN PUBLIC SERVANTS BY HIS CONDITION OR TAKE
union membership AGAINST THEM RETALIATION FOR THE SAME; (11)
k) OTHER BEHAVIOUR UNDER THIS LAW AND COLLECTIVE AGREEMENTS OF WORK
and applicable regulations; (11)
l) EXECUTE ACTS WHOSE PURPOSE IS CONSTITUTE AN PREVENT OR THAT
UNION IN WALK A disband or subject to management control; (11)
m) retaliating against OF PUBLIC SERVANTS BY HIS CONDITION union membership; Y (11)
n) require employees CONDUCTING HIV TESTING. (13)
o) REFUSE TO RECEIVE AND RESIGNATION OF PUBLIC SERVANTS. (14)
They will also, incompatibilities identified to them by the laws, decrees and regulations.
CHAPTER VI PROMOTIONS, SWAPS AND TRANSFERS
The charges shall be filled by promotion
Art. 33.- office or employment in the civil service career
be filled by promotion or advancement in accordance with this law, subject to what is stated in Art. 21. Who can be promoted
Art. 34. They may be promoted or promoted to a vacancy officials or employees who have played a charge included in the next lower class during the
within two years at least.
If the immediate lower class there be no more than one candidate and it be suitable for the office, the rise will be without any requirement.
If I will have several candidates, promotions or promotions will be made by competition among eligible who want to register and serving in the office, agency or institution where the vacancy occurs
; but if special conditions for the office be required in the respective Commission may provide that persons are admitted to contest or not they belong to the administrative career; and equal to competitors who provide services in dependence
where the vacancy exists will be preferred.
Art. 35. At the request of the authority, agency or institution should appoint or propose the appointment, the committee concerned may waive the requirement of the contest, and replace it with a simple test
efficiency and dispense it even if the single test Registry employees must be in accordance with the letter g) of Art. 13 MIGHT determine the candidate who is worthy to rise in view of their competence, performance and seniority. In case of dispute, it will be
to resolve the Civil Service Tribunal. Swaps
Art. 36. Officials and employees who hold positions in the same Class may be exchanged without any formalities, if deemed advisable for the administration and any consent of the interested
. Rules for transfers
Art. 37.- officials or employees may be transferred to another office of the same class, even without your consent when appropriate for public or municipal administration and
whenever a shipment is in the same locality.
The move to a similar position to be, perform in another locality, may be agreed with
consent of the person concerned, and, failing that, with only authorization of the respective Civil Service Commission that will hear previously that, taking into account the need for service.
Art Descent class. 38.- only be moved to an officer or employee of a lower class
when neglect or misconduct in accordance with the periodic conceptualizations that aparecieren in the corresponding record book and by order of the respective Service Commission will check Civil.
The order of the Commission the appeal shall be allowed before the Civil Service Tribunal. Promotions
undue Art. 39. The promotions are made in contravention of the provisions of this chapter
not have any value, and improperly promoted officers or employees may not continue in office after having checked fraud to return to work to his previous position.
Obligations to give notice Art. 40. The Heads of offices, agencies or institutions shall give notice to the respective Commission
Civil Service whenever there is need to fill a vacancy. CHAPTER VII
DISCIPLINARY MEASURES Sanctions Art. 41. Without prejudice to the penalties that are creditors in accordance with the laws, officers and employees who fail to comply properly with their obligations shall be subject to the following disciplinary sanctions:
) Private oral reprimand;
B) Written warning;
C) A fine, which may not exceed ten percent of the monthly salary earned,
except in cases specified by law;
D) Suspension without pay, which may not exceed one month, except in the case of Art. 48;
e) Postponement up to two years on the right to promotion;
F) demotion within the same office; and
g) Dismissal or removal from office or employment.
Who can impose sanctions Art. 42.-THE WARNINGS MAY BE IMPOSED BY CIVIL SERVICE COMMISSION OR THE HEADS OF SERVICE WITH SINGLE CHECKING THE FACT THAT MOTIVA.
FINE, SUSPENSION WITHOUT PAY, THE POSTPONEMENT IN THE RIGHT TO promotion, demotion and dismissal or removal ONLY MAY BE IMPOSED BY
CIVIL SERVICE COMMISSION OF DEPENDENCE over the official OR EMPLOYEE, WHICH proceeds as established by this law. THESE RESOLUTIONS WILL BE ADMITTED TO REVIEW APPEAL COURT CIVIL SERVICE.
NO Notwithstanding the preceding paragraph, HEADS OF SERVICE WITHOUT ANY PROCEEDINGS TO IMPOSE MAY AND IF JUSTIFIED, SUSPENSIONS TO UNPAID FIVE DAYS IN EVERY MONTH SCHEDULE AND IN NO EVENT MORE THAN FIFTEEN DAYS IN THE SAME
CALENDAR YEAR. THE WARNINGS AND THIS KIND OF SUSPENSIONS not admit any resources. * NOTE FROM THE CONSTITUTIONAL CHAMBER
SUSPENSIONS IMPOSED BY THE HEAD OF SERVICE FOR PURPOSES NOT COUNT THE LITERAL "B" ART. 53. (7) Cases of warning
Art. 43.- shall be punished with private oral reprimand officials and employees who commit minor offenses
determined by the regulations and not involving dereliction of duty expressed in Art. 31.
If before the expiration of the term of a month of the first sanction the offender worthy to other than that indicated in the preceding paragraph, the warning shall be in writing.
Fine Art Case. 44.-WHEN FAILURE TO ANY TAX REGULATIONS TO JUDGMENT
Punish the violator fine penalty shall be imposed. THIS IS ALWAYS IMPOSE SANCTIONS TO THOSE WHO DO NOT ATTEND TO YOUR WORK OR TIMELY are present at SAME WITHOUT REASON, SO THE AMOUNT OF THE FINE be regulated
UNDER LAW, WHENEVER OTHER LAWS DO NOT sanction THE SAME LACK.
FINES deducted from the salary earned RESPONSIBLE. (7)
Art Case suspension. 45.- SUSPENSION WILL BE PUNISHED WITH UNPAID OFFICIALS OR EMPLOYEES NOT MEET THE DUTIES INDICATED IN ARTICLE 31 WHEN THE LACK
YOUR COMMITTED not warrant dismissal or termination, other than under item A) OF CITED ARTICLE TO BE GOVERNED BY THE oRDERED IN THE PREVIOUS ITEM.
THE COMMISSION TO THE COMPLAINT FILED SERLE, RECEIVE TEST WITH PART CITATION CONTRARY, BY ITSELF OR THROUGH DELEGATES DULY AUTHORIZED WITHIN THE TERM OF FOUR DAYS non-renewable, counted from the day following the
THE respective notification, after which delivered its judgment. This same procedure
APPLY TO FINES. (7)
Art Resource. 46.-OF RESOLUTIONS IN WHICH SANCTIONS IMPOSED FINE OR SUSPENSION, may be appealed FOR COURT OF CIVIL SERVICE, WITHIN THREE DAYS FROM counted from the notification NEXT TO
HACÉRSELE RESOLUTION FOR. (7)
Resolution Tribunal Art. 47.-THE COURT MEET THE REMEDY WITH ONLY THE SIGHT OF CARS, WITHIN THREE DAYS OF YOUR RECEIPT AND SUSPENSION if it considers CONTRARY IT OR TICKET
say so; ORDERED IF ANY INTERRUPTION YOUR BEGUN TO MAKE A FIRST; EFFECTIVE IF ANY MADE THE FINES ARE ORDERED YOUR RETURN.
IF THE COURT CONSIDERS TO BE FINE OR SUSPENSION IS LIMITED TO CONFIRM. (7) Special case of suspension
Art. 48. The suspension without pay also apply when
by competent authority is decreed against the officer or employee arrest warrant, a felony that does not support or release bailable offense while it is not effective. The suspension will last for all time that the arrest warrant be maintained without effective release, except in the case
of crimes under Title VII, Book II of the Penal Code or committed against superiors, in which case the suspension will continue although it excarcele the suspect.
If the suspension lasts over three months will lead to the dismissal, and if after this term stay of proceedings or firm acquittal is uttered, the official or employee shall be entitled to be taken into account to fill any vacancy that is of the same class to which
played all the opinion of the Commission.
In cases of this article will suffice the report from the Judge to order the suspension.
Postponement in the promotion and demotion
Art. 49. The postponement of the right to promotion and demotion shall apply to officials or employees who have been suspended twice in one year. The postponement or reduction shall not exceed two years and its duration will be determined taking into account the
serious errors which led to the suspensions.
To apply these sanctions will be enough entries that appear in the log book
officers and employees, led by the Tribunal.
Be enough moral strength test
Art. 50. Disciplinary sanctions referred to this chapter may be applied only moral strength test, and will be sufficient to make resolution any evidence at that base
that moral strength, that the offense has been committed and that is responsible for it the person to whom the commission is charged. Effects
Art. 51. The imposition of disciplinary sanctions will have no consequences that especially determined, and therefore involves no loss of rights granted by this law
officials and employees. CHAPTER VIII
DISMISSAL AND RECALL may only be made in cases determined by law
Art. 52. Public officials and municipal employees or belonging to the civil service may only be dismissed or removed from office or employment on the grounds
established by this law and by the procedures in this chapter are indicated.
Grounds for dismissal Art. 53.- grounds for dismissal are the following:
a) REPEATED OR GRAVE BREACH OF DUTIES INCLUDED IN THE LETTER B) OF ART. 31; (7)
b) To become a creditor to a third suspension in one year;
C) To perform private jobs despite being denied permission
referred the letter e) of Art. 32;
d) Lack of suitability notorious manifested in the performance of office or employment;
E) included in the second paragraph of Article 48.;
F) Being sentenced in final judgment to a term of imprisonment for crimes not covered by the letter f) of Article 54, although the conditional remission is granted.;
G) take advantage of their positions to make eleccionaria policy during electoral processes;
H) establish measures to limit the right of a citizen you have the official or employee
join political parties authorized by law;
I) strike or leave the job or position.
Grounds for dismissal Art. 54. The grounds for dismissal:
a) seriously Missing duties within points c) i) of Article 31;.
B) Violations of the prohibitions contained in Article 32, except that contained in the letter e).;
C) Run serious acts of immorality in the office where you work or outside it when he is found
in the exercise of their functions;
D) Consuming alcoholic beverages or use narcotics drugs in the workplace, or
submitted to the performance of their duties or employment while intoxicated or under the influence of these drugs;
E) Causing malicious damage to buildings, machines and other office equipment, or perform acts directly put in serious danger the staff thereof;
F) Being sentenced in final judgment for crimes committed in the exercise of their duties or carry the penalty of dismissal; and
g) Abandonment of office or employment, which is presumed when the officer or employee shall fail for more than eight consecutive days without good cause to perform his duties. WHAT TO
Art. 55. To carry out the dismissal or dismissal the following rules shall be observed:
a) The authority or officer or employee Chief communicated in writing to the respective Civil Service Commission decision to fire him or remove him, stating the reasons || |
which he has for it, the facts in the case and proposing they
B) The Commission shall inform the officer or employee of the authority's decision or give
boss and within three days from the date of notification so that if desires to expose the motives have to oppose their removal or dismissal and propose that such exist exculpatory evidence in his favor;
C) If the deadline referred to in the preceding paragraph the official or employee has not produced expressly position or actions prove compliance, shall be removed or permanently fired
; unless within three days the deadline, check before the Commission have been prevented by just cause to oppose, in which case they will be granted a further period of three days;
D) If the officer or employee contesting within the terms set forth in the preceding paragraphs, the commission instructed the relevant information with the intervention of the authority or applicant
head or a delegate of his appointment and the official or employee opponent. The commission will receive the evidence that has been proposed and others deemed necessary to produce, within the non-renewable term of eight days, after which a decision
resolution confirming or revoking the decision of dismissal or dismissal;
Art Resource. 56. The authority or chief and the officer or employee concerned may appeal for review of the judgment before the Court of Civil Service. The appeal to be admissible
shall be filed in writing within three working days from the day following the notification, to the sentencing commission and he expressed once the reasons have to challenge the resolution . This term is fatal.
Brought the action the Commission will admit and submit the case to the Civil Service Tribunal on the same day with no other proceeding or diligence.
Court ruling Art. 57. The Civil Service Tribunal shall decide the appeal with the sole view of the cars and within three days from the day following receipt.
The judgment given will be implemented to confirm, modify or reverse the court ruling; more when it is favorable to the official or employee, you can also, if it deems appropriate, order that the server is reinstated to a post of the same category and class in a different office, if
circumstances that led to the decision of the authority or chief removal, they might give rise on their part to retaliate against those.
Art. 58.-WHEN STAYING the official or employee, CONSTITUTES SERIOUS DANGER FOR THE ADMINISTRATION
OR ANY SURPRISED INFRAGANTI COMMITTING ANY FAULTS listed in Articles 32, 53 AND 54, THE AUTHORITY OR CHIEF may agree, WITHOUT ANY PROCESSING THE SUSPENSION SERVER PRIOR TO DO SO AND COMMUNICATE,
WITHIN 3 WORKING DAYS AFTER AGREEMENT BE DELIVERED TO THE RESPECTIVE COMMISSION ON THE SAME NOTE expressing its decision to dismiss him or fire him.
IN ANY CASE THE SUSPENSION be agreed ANYTIME IF THE CHARGE THAT THE OFFENSE constituted for official or employee is charged ENACTED AND ANY ARREST.
SUSPENSION last until the final order, IF ANY FAVORABLE FOR officer or employee will be paid the salary that corresponds to
LAPSE SUSPENSION, EXCEPT IF ANY AGREED AS A RESULT OF AUTO STOP .
FAILURE TO COMMUNICATE THE HEAD OF UNIT SUSPENSION WITHIN THE SET TIME, THIS IS NOT APPLIED FOR YOUR EMPLOYEE AND CONTINUE IN THEIR WORK. (7)
form judgments Art. 59. The judgments of the Commissions and the Civil Service Tribunal only concisely expressed in the controversial case, the extracted relationship testing information, its
assessment and evaluation and the corresponding resolution.
The commission and the court can resolve only moral strength test, as indicated
in Art. 50. Case
judgment Art. 60. The provisions of the preceding articles shall not apply when the dismissal it be based on final judgment in the case of letter f) of Art. 54, in which the removal will be done with the simple announcement
respective Judge , contacting the relevant Committee.
Nullity Art. 61.- Dismissals OF OFFICIALS OR EMPLOYEES THAT MADE WITHOUT ANY CAUSE OR CAUSES NOT ESTABLISHED IN THIS LAW OR NOT OBSERVED
PROCEDURES IN IT forewarned, are void.
IN SUCH CASES THE EMPLOYEE OR OFFICER FIRED OR RECALLED WITHIN
THREE MONTHS FOLLOWING THE FACT, you may write CIVIL SERVICE TO THE COURT, GIVING YOUR ACCOUNT removal or dismissal.
THE COURT HEARING WILL FORTY-EIGHT HOURS OFFICIALS WHO is alleged to removal or dismissal; AND THE REPLY OF THIS OR WITHOUT IT, RECEIVE
A TEST THE SUIT FOR FOUR DAYS, IF NECESSARY, after which,
RESOLVED THAT APPLY IN RIGHT within three days.
IF THE CIVIL SERVICE TRIBUNAL OF THE REVOCATION declare dismissal or removal,
ordered at the same resolution as the official or employee BE RESTORED TO ITS POSITION OR USE, OR BE THE SAME PLACE IN ANOTHER CATEGORY AND CLASS , in different offices, where possible; AND FURTHER BE CANCELLED THE SALARY THAT HAS STOPPED
SENSE ALWAYS NOT PASSING OF THREE MONTHS. (10)
AUTHORITY OR HEAD OF RECALLED officer or employee
BE FULFILLED THE COURT JUDGMENT OF THE CIVIL SERVICE within three days from the day following TO DATE NOTIFIED.
AUTHORITY OR IF NAMED CHIEF not do the JUDGMENT OF THE CIVIL SERVICE, AS TO REFUND OR EMPLOYEE PLACEMENT RECALLED WITHIN THE TERM PREVENTED in the preceding paragraph, BE IN A FINE Incurso HUNDRED A HUNDRED
cOLONES, THAT BE EFFECTIVE HIGHER AUTHORITY IN GRADE, REGARDLESS OF CRIMINAL LIABILITY THAT APPLY UNDER ARTICLE 299 OF THE PENAL CODE.
BREACH OF JUDGMENT OF THE COURT CIVIL SERVICE AS TO PAYMENT OF forgone WAGES BY EMPLOYEE OR OFFICER, give this executive action against the violator; BEARING IN THIS CASE THE FORCE EXECUTIVE
execution of judgment INVOLVING ordered to pay. DELAYING THE COURT
ALL CIVIL SERVICE IN GIVING
RESOLUTION FOR THE TERM SET FORTH IN THIS ARTICLE, TO INTERESTED TO RIGHT WILL MAKE USE OF APPEAL COMPLAINT OF JUSTICE ESTABLISHED BY RETARDATION IN ART. 1111 OF THE CODE OF CIVIL PROCEDURE, TO BE FILED
APPEAL TO THE SUPREME COURT OF JUSTICE PRESIDENT, WHO WILL PROCEED AS PROVIDED IN ARTICLE 1112 OF THE SAME CODE.
IF THE LETTER RECEIVED AFTER AGREED BY THE COURT OF CIVIL SERVICE, EVEN THIS RESOLUTION delays carrying FOR MORE THAN TWO DAYS REMAIN IN PENA Incurso ESTABLISHED IN ART. 284 2nd ORDINAL PENAL CODE.
JUDGES OF FIRST INSTANCE OF PEACE and municipal mayors, ARE FORCED TO MAKE THEM NOTIFICATIONS KITE THE COURT CIVIL SERVICE.
Art. 62.- The firings and layoffs justified facts shall be without liability to the state or municipality and will lose the official or employee rights that the law gives them,
except those who have acquired under special laws on pensions, pensions, retirements or pawnshops.
Art Rehabilitation. 63. The official or employee that it be removed from office may request rehabilitation
before the Court of Civil Service.
The Court shall proceed summarily and for issuing a decision will take into account the
observed by the dismissed and the causes that led to his discharge behavior.
Rehabilitation not be granted but have elapsed at least six months
from the date of the recall, and never before the period specified in the respective judgment, when they have been ordered by the court. CHAPTER IX
JOB CLASSIFICATION Managers make
Art. 64. The Ministry of Finance will be a section classification of jobs
draw and maintain a descriptive record of the charges pertaining to the civil service. This record shall contain a concise description of each job, powers, duties and minimum requirements to perform it, which will be based on research followed by the expressed section and serve for the preparation of proficiency testing and determination of wages that must assigned. How to make
Art classification. 65. Jobs are classified into similar groups in terms of duties, powers, and responsibilities, so that it can be used the same descriptive title to designate each job within the group; which is required to fill these vacancies the same capacity requirements,
efficiency, knowledge, experience, skills and education, the same type of tests or aptitude tests to select new employees can be used and can be assigned the same level of remuneration under similar working conditions. This classification will serve as a basis for promotions and transfers
. CHAPTER X GENERAL PROVISIONS
rights of current employees
Art. 66. Public officials or employees who stand or municipal understood to play a position in the civil service, the entry into force of this Act, shall be as of right protected by it, but do not fulfill the conditions laid down in Art. 18 and will the same rights as
selected and appointed in accordance with it.
Art Case doubt. 67. In case of doubt whether an officer or employee is or is not included in the race
, the agency or officer consultation appointment to the Civil Service Tribunal
, which will decide within three days of receiving the request. Nullity of improper appointment
Art. 68.- will void any appointment that is made in violation of this law; but the actions of the officer or employee appointed wrongly, that any performed his duties,
be valid if they be adjusted to the law and the respective regulations.
The Civil Service Tribunal summarily known cases
expressed in paragraph above, and order the immediate dismissal of the employee or officer improperly appointed, punishing the guilty when they finds malice. Prohibition to other offices
Art. 69. No office or agency outside authorized by this Act may process requests
office or employment in the civil service career or recommend adjudication. Tax exemption
rates or Art. 70.- are exempt from the tax on stamped paper, stamps and other taxes or fiscal or municipal applications, performances and information that are followed in accordance with this law charges; but applicants admission to the civil service pay the examination fees that
determine the respective regulations, which will enter the general fund of the state. Unforeseen
Art by law. 71. In cases not covered by this law, its regulations or in special laws on the subject will be, as it were applicable, as determined by other laws regarding the principles that inform
civil service , doctrine and reasons of fairness and good sense. Formalities of measures
Art. 72.-EACH OF THE PARTIES TO FOUR WITNESSES MAY BE BROUGHT TO EACH OF THE ARTICLES OR ITEMS to be decided, AND IN NO EVENT WILL ALLOW THE PRESENTATION OF FURTHER
PRESCRIPTION Art. 72 BIS.-ALL ACTION RESULTING FROM THIS LAW, shall prescribe three months from the day of the fact that MOTIVA. (7)
CHAPTER XI COLLECTIVE LABOUR LAW (11)
OF TRADE UNIONS Art. 73. PUBLIC SERVANTS HAVE THE RIGHT TO DEFEND THEIR associate freely ECONOMIC AND SOCIAL COMMON INTERESTS, FORMING
PROFESSIONAL OR TRADE UNIONS, ASSOCIATIONS IN ACCORDANCE WITH THE POWERS AND LIMITING THE CONSTITUTION GRANTED IN THE REPUBLIC INTERNATIONAL CONVENTIONS AND THIS LAW .
NOT ENTERED THE RIGHTS WILL HAVE IN THIS CHAPTER, PUBLIC SERVANTS 3rd CLAUSE COVERED BY THE ART. 219 AND THE ART. 236 OF THE CONSTITUTION OF THE REPUBLIC; HOLDERS OF PROSECUTORS AND DEPUTY RESPECTIVE OR
those acting as AUXILIARY, ATTORNEYS OF WORK AND DELEGATES OF THESE, THE MEMBERS OF THE JUDICIAL CAREER OF THE ARMED FORCES OF THE NATIONAL POLICE AND CIVIL SERVANTS OTHER PUBLIC THEY BECOME EXCLUDED FROM THE RACE
NOTWITHSTANDING THE REGULATED in the preceding paragraph, PUBLIC SERVANTS
under item M) OF ARTICLE 4 OF THIS LAW WILL ENJOY THE RIGHTS SET FORTH IN THIS CHAPTER WHENEVER SUCH PUBLIC SERVANTS NOT ENGAGED IN POWER FUNCTIONS DECISION-MAKING or positions EXECUTIVES OR EMPLOYEES ARE
NATURE whose duties are of a highly confidential. (11)
Art. 74.- UNIONS MAY NOT BE GRANTED PRIVILEGES OR SPECIAL FEATURES AND EXECUTIVES TO ITS FOUNDERS, EXCEPT THAT ARE INHERENT IN THE PERFORMANCE OF CHARGE.
Art. 75.- correspond to the MINISTRY OF LABOR AND SOCIAL WELFARE, EXERCISING ON SURVEILLANCE
TRADE UNIONS, for the sole purpose of these features to work ADJUSTED TO THE LAW, avoiding any act that threatens, obstructs or at restricting RIGHTS GRANTED THE CONSTITUTION OF THE REPUBLIC
CONVENTIONS AND INTERNATIONAL LAW AND THAT THIS enshrines FOR UNIONS.
Exercising its supervisory powers, the public authorities shall refrain from any interference
which would restrict RIGHTS AND EXPRESSED WARRANTIES.
: Any action OR OMISSIONS tend to avoid, limit, restrict or prevent the free exercise COLLECTIVE RIGHTS workers and their unions; ANY ACT OF THEM THAT IS ABSOLUTELY ARISING
null and void and shall be penalized IN FORM AND CONDITIONS THAT INDICATE THIS LAW. (11)
Art. 76.-FOR PURPOSES OF THIS LAW IS ALL PERMANENT UNION ASSOCIATION, INCORPORATED
WITH AT LEAST THIRTY-FIVE Public servants working in the same institution PUBLIC ADMINISTRATION FOR THE STUDY AND PROTECTION OF IMPROVING ITS INTERESTS ECONOMIC AND SOCIAL COMMON. (3) (11)
Art. 77.- UNIONS ARE MAIN ACTIVITIES:
a) to contract COLLECTIVE;
B) To ensure strict compliance with the laws, the contracts entered AND INTERNAL REGULATIONS WORK, AND REPORTING VIOLATIONS OR
Irregularities APPLIED attend;
C) represent its members, in the exercise of the rights which devolve
OF THIS ACT;
D) create, manage or subsidize INSTITUTIONS, SOCIAL ESTABLISHMENTS U
WORKS OF COMMON EARNINGS FOR ITS MEMBERS, such as cooperatives, ENTITIES sports, cultural, educational, ASSISTANCE AND SOCIAL SECURITY;
E) ACQUIRE ASSETS REQUIRING FOR THE EXERCISE OF ITS ACTIVITIES;
F) PROMOTING GOOD RELATIONS BETWEEN PUBLIC ADMINISTRATION AND ITS MEMBERS ON THE BASIS OF JUSTICE, AND SUBJECT TO MUTUAL RESPECT THE LAW, AND COLLABORATE ON IMPROVING THE WORKING METHODS AND EFFICIENCY
PUBLIC ADMINISTRATION; And
g) IN GENERAL, ALL THOSE THAT ARE NOT ITS ESSENTIAL PURPOSE odds with OR WITH THE LAWS. (11)
Art 78.- CONSTITUTION TO ENTER INTO A UNION WILL BE NECESSARY TO RAISE AN ACT, which must contain at least the following requirements:.
A) DATE AND PLACE OF THE MEETING, THE NAMES OF ALL cONSTITUENTS, CITIZENSHIP, IDENTITY, ADDRESS,
ACTIVITY eXERCISE AND THE LINK;
B) THE NAME, OBJECT, AND ADDRESS OF THE UNION, AND THE ACTIVITIES
WHICH IS DEDICATED WORKERS IN THE INSTITUTION concerned;
C) APPOINTMENT OF A BOARD PROVISIONAL, which shall include at least one
chairman, deputy chairman and secretary, being able TEMPORARILY ALSO DESIGNATE A TREASURER.
THE ACT OF FOUNDATION MUST BE SIGNED BY THE FOUNDERS AND SIGNED BY A PLEA IF ONE OR MORE OF THOSE DO NOT THEY MAY LEAVING YOUR STAMPED FOOTPRINT RIGHT THUMB, and referred SUCH CIRCUMSTANCES.
EXTENDED CERTIFICATION OF SAME BY THE SECRETARY OF THE BOARD PROVISIONAL, SHALL BE SUBMITTED FOR PURPOSES OF RECOGNITION OF LEGAL PERSONALITY
Art. 79.- INTERESTED IN ESTABLISHING A UNION, HAVE THE RIGHT TO WRITE
their constitutions and rules, to elect their representatives, the organize their administration, activities and to formulate their programs, having EXPRESSING THE FOLLOWING:
a) THE NAME, OBJECT, AND uNION ADDRESS, AND ACTIVITIES tO WHICH IS DEDICATED WORKERS iN THE INSTITUTION concerned;
B) CONDITIONS TO BE SATISFIED BY ITS MEMBERS;
C) OBLIGATIONS AND RIGHTS OF ITS MEMBERS;
D) DISCIPLINE, MOTIVES AND PROCEDURES FOR IMPLEMENTING THE SAME
whilst respecting IN ANY CASE THE RIGHT TO DEFENSE;
E) TIMES AND PROCEDURES FOR THE CELEBRATION OF ORDINARY AND EXTRAORDINARY MEETINGS
, REGULATIONS OF MEETINGS, QUORUM, DEBATES AND VOTES. Regular meetings should be held AT LEAST ONCE A YEAR, WITH A PRIOR CALL AHEAD THAT MAY NOT BE
LESS THAN FIFTEEN DAYS. THE EXTRAORDINARY CONDITIONS WILL TAKE PLACE IN available to their statutes, which shall provide MANDATORY CALL YOUR EVERY TIME REQUESTED AT LEAST TWENTY-FIVE PERCENT OF MEMBERS;
F) MODES OF CHOICE, COMPOSITION AND RENEWAL OF governing bodies, their terms of office, POWERS, POWERS, DUTIES AND RESPONSIBILITIES
, GROUNDS AND PROCEDURES FOR REMOVAL; And
g) ANY OTHER MATTER THAT INTERESTED see fit. (11)
Art. 80.- Interested parties may request the presence of a notary, OR ONE OR MORE DELEGATES
MINISTRY OF LABOR AND SOCIAL WELFARE, who shall certify FOUNDATION ACT IN THE SAME TIME. (11)
Art. 81.- IN ORDER TO FACILITATE THE CONSTITUTION OF TRADE UNIONS, THE MINISTRY OF LABOR AND SOCIAL PREDICTION MODELS may approve STATUTES THAT WILL AVAILABLE TO UNIONS IN TRAINING that request without obligation
accepting BY OF THESE. (11)
Art. 82.- INCORPORATED TO THE UNIONS AGREE TO THIS LAW ARE LEGAL EXISTENCE
must request the Minister of Labour and Social Security enrollment, HAVING TO ACCOMPANY YOUR REQUEST:
a) MINUTES OF THE ASSEMBLY OF FOUNDATION uNION, PURSUANT TO IN THIS LAW; And
b) TWO COPIES OF TRADE UNION STATUTES WITH THE CERTIFICATION OF MINUTES OF THE MEETING OR MEETINGS IN THAT they were approved. (11)
Art. 83.- THE PURPOSE OF THE PROCESS OF REGISTRATION IS EXPEDITO, PUBLIC SERVANTS MAY APPLY TO ACCOMPANY THE TRIALS OF QUALITY OF EMPLOYEES OF THE FOUNDERS OF UNION MEMBERS; OTHERWISE, THE MINISTRY OF LABOR AND SOCIAL
VERIFY SUCH FORECASTING BY MEANS QUALITY DEEMS APPROPRIATE, WITHIN TEN DAYS AFTER THE FILING OF APPLICATIONS AND IF IT DOES NOT STATED WITHIN verificare, THIS IS
RECOGNIZED BY WILL.
WITHIN TEN DAYS from the date of his presentation,
MINISTRY OF LABOR AND SOCIAL FORECAST TO EXAMINE THE STATUTES IN ORDER TO DETERMINE WHETHER THE SAME CONFORM TO THE LAW AND IF FORMAL agency identifies deficiencies or VIOLATIONS At Laws, punctuate INTERESTED IN WRITING, WHO MUST address them
WITHIN FIFTEEN working days. Failure to do so, shall be withdrawn its claim.
IF THE MINISTRY OF LABOR AND SOCIAL WELFARE ENCONTRARE NO COMMENTS OR THESE HAVE BEEN corrected, registered forthwith to the union on the register, and thus acquires legal form, must hand over STATUTES properly registered. (11)
Art. 84.- PASSED IF ANY THIRTY DAYS AFTER WORKING TO APPLY WITHOUT THAT IT HAS BEEN OBSERVED OR AFTER FILED
BEEN WRITTEN BY WHICH IS INTENDED TO RECTIFY preventions WITHOUT THE MINISTRY OF Labour and Social Welfare has registered the union, THIS sHALL BY REGISTERED WITH ALL THE EFFECTS OF LAW, THE STATUTES
must hand over properly registered.
STATUTES duly registered or certification
REGISTRATION EXTENDED BY THE MINISTRY OF LABOR AND SOCIAL WELFARE TEST WILL SERVE THE EXISTENCE OF UNION. (11)
Art. 85.- THE GOVERNMENT OF THE UNIONS WILL BE EXERCISED BY THE ASSEMBLY AND BOARD. IN ANY CASE, THE ASSEMBLY SHALL THE MAXIMUM AUTHORITY. (eleven)
Art. 86.- UNIONS MAY NOT BE GRANTED PRIVILEGES ADVANTAGES OR ANY OF ITS MEMBERS. IS GOVERNED BY INVARIABLY DEMOCRATIC PRINCIPLES OF DOMINANCE OF MAJORITY AND A VOTE PER PERSON WITHOUT ANY PREFERENCE CAN ACORDASE
UNDER THE AMOUNT OF THE CONTRIBUTIONS OF ITS MEMBERS. THE QUALITY OF MEMBERS OF A UNION AND THE EXERCISE OF RIGHTS INHERENT QUALITY AS ARE STRICTLY PERSONAL. (11)
Art. 87.- THE ASSEMBLY MAY BE ORDINARY AND EXTRAORDINARY AND POWERS,
ALSO INDICATED THAT THE RESPECTIVE STATUTES, ARE:
1º.- ANNUALLY TO CHOOSE member countries of the BOARD;
2º.- APPROVE REFORM OF THE STATUTE;
3º.- APPROVE THE ANNUAL BUDGET OF INCOME AND EXPENDITURE OF ALL UNION,
COULD MAKE CHANGES TO THE DRAFT BUDGET SUBMITTED BY THE ASSEMBLY TO MAINTAIN STABILITY ECONOMIC UNION;
4º.- ACORDAR EXPULSION OF ONE OR MORE MEMBERS OF THE UNION AGREE TO THE STATUTES;
5º.- APPROVE THE COLLECTIVE WORK CONTRACTS governing OBLIGATIONS AND RIGHTS OF ALL UNION MEMBERS;
6º.- APPROVE THE INTERIM ACCOUNTS AND THE ANNUAL REPORT OF ACTIVITIES TO PERFORM THE BOARD;
7º.- UNION ACCORDING WINDING UP IN ACCORDANCE WITH THE LAW AND constitutions;
8º.- ACORDAR THE AMOUNT OF ORDINARY SHARES, THE NUMBER OF TIMES IN THE YEAR MAY BE EXTRAORDINARY REQUIRE THE QUOTA, AS WELL AS THE MAXIMUM AMOUNT MAY COLLECT IN CONCEPT SUCH AND FORM OF RECEIVABLES
SOME AND OTHER; And
9º.- DECIDING ON ISSUES NOT ALL THOSE ASSIGNED TO ANOTHER BODY.
THE ASSEMBLY NOT CONSTITUTE OR MAY attend SHE OR ARE REPRESENTED AT LEAST HALF PLUS ONE union members.
WHEN he does not attend, REPRESENTED OR NOT PROVE THE REQUIRED NUMBER OF MEMBERS MAY BE CALLED IN THE ACT FOR ANOTHER MEETING, MAY BE HELD THIS IMMEDIATELY AFTER
one for which no quorum, observing the provisions STATUTES . THIS SECOND MEETING TO BE HELD WITH THE NUMBER OF MEMBERS PRESENT AND DECISIONS WILL BE FORCED COMPLIANCE. (11)
Art. 88.- BE SECRET VOTE IN CASES OF ELECTIONS, OR MEMORIES APPROVAL OF ACCOUNTS MUST PERFORM THE BOARD. IN ALL OTHER CASES THE VOTE WILL BE PUBLIC
AGREEMENTS TO TAKE THE ASSEMBLY SHALL BE SO SIMPLE MAJORITY OF VOTES,
EXCEPT TO THE STATUTES THAT REQUIRE A SPECIAL MAJORITY. (11)
Art. 89.- BOARD shall be responsible for the direction and
THE NUMBER OF MEMBERS OF THE BOARD MAY NOT BE LESS than three nor more
OF ONCE. (11)
Art. 90. TO BE A MEMBER OF A BOARD BE REQUIRED BY EL SALVADOR
BIRTH OVER EIGHTEEN YEARS OF AGE, AND UNION MEMBERSHIP employee or officer of the institution, HONESTY AND ALL OTHER WELL-KNOWN THAT BROUGHT THEIR STATUTES . (11)
Art. 91. ARE OBLIGATIONS OF THE BOARD, IN ADDITION TO THE TREASURY TO MANAGE THE UNION, THE FOLLOWING:
a) TAKE A BOOK FOR REGISTRATION OF MEMBERS OF THE UNION, ONE OF MINUTES AND AGREEMENTS AND ACCOUNTING AND OTHER they deem necessary,
WHICH WILL BE AUTHORIZED BY THE COMPETENT OFFICE SEALING MINISTRY OF LABOR AND SOCIAL WELFARE;
B) INFORM THE MINISTRY OF LABOR AND SOCIAL WELFARE, THE NAMES OF MEMBERS OF THE BOARDS, WITHIN TEN DAYS TO who have taken office;
C) COMMUNICATE ONCE A YEAR TO THE MINISTRY OF LABOR AND SOCIAL WELFARE, THE PAYROLL UPDATE union members;
D) ACCOUNTABILITY TO THE ASSEMBLY, AT LEAST ONCE A YEAR;
E) make available to public authorities, if you request, the
SAME AS INFORMATION AND DOCUMENTATION THAT THE STATUTES MUST PROVIDE ITS MEMBERS ON THE OCCASION OF ORDINARY MEETINGS;
F) NEGOTIATING COLLECTIVE WORK CONTRACTS UNDER THE LAW;
G) COLLECT union dues, having
RECEIPTS FOR EXTENDING;
H) depositing funds and securities UNION IN ONE OR MORE BANKS OF THE REPUBLIC
i) the other to its statutes. (11)
Art. 92.- UNIONS MUST KEEP YOUR INDEPENDENCE WITH RESPECT TO POLITICAL PARTIES AND ADDITION, WE ARE ESPECIALLY FORBIDDEN:
a) any activity NOT LIMITED TO PROMOTING THE INTERESTS
36 ECONOMIC, SOCIAL AND PROFESSIONAL COMMON
B) promoting religious proselytism;
C) USE OF FUNDS OBTAINED BY ACTIVITIES CARRIED OUT IN DIFFERENT PURPOSES SET FORTH IN THE STATUTE;
D) ECONOMIC BENEFITS OR DISTRIBUTE make distributions of union assets;
E) LIMITING THE RIGHTS OF AFFILIATES;
F) physical violence or psychological or coercing FOR ENTERING THE UNAFFILIATED
to the union, AFFILIATES FOR NOT THE SAME OR WITHDRAW ONE OR OTHER FOR prevent the free exercise of their work;
G) ENCOURAGE or acquiesce criminal acts; And
h) MALICIOUSLY PROVIDING FALSE INFORMATION TO AUTHORITIES OF WORK, DATA HIDE THEM ASK RELEVANT AUTHORITIES OR SUCH
hinder the investigation to be PERFORM UNDER THE SAME LAW. (11)
Art. 93.- IN THIS CASE UNDER LAW, UNIONS
be punished with fines, suspension or dissolution. (11)
Art. FINES IMPOSED 94. BETWEEN TWO HUNDRED AND ABLE TO TEN THOUSAND COLONES,
COULD NOT IN NO EVENT EXCEED TWENTY-FIVE PERCENT OF ASSETS UNION, TAKING INTO ACCOUNT THE GRAVITY OF THE INFRINGEMENT; SUSPENSION OF ONE LAST SIX MONTHS, ACCORDING TO THE GRAVITY OF THE INFRINGEMENT.
IMPOSE PUNISHMENT IS FINE FOR BREACH OF OBLIGATIONS CONTAINED IN THIS LAW. If committed a second offense
WITHIN ONE YEAR, WILL IMPOSE THE PENALTY OF SUSPENSION OF UNION ACTIVITIES. (11)
Art. 95.- DISSOLUTION OF UNION PROCEED:
a) IN CASE OF CONDUCTING BY THE UNION IN ANY BREACHES SET FORTH IN THIS LAW Art.92;
B) WHEN FOR MORE THAN ONE YEAR THE NUMBER OF ITS MEMBERS HAD DECREASED BELOW THIRTY-FIVE; And
c) FAILURE BY LEGAL subsisting SYNDICATE. (11)
Art. 96.- A UNION MEMBER may agree dissolution IN ACCORDANCE WITH RULES FOR STATUTORY. (11)
Art. 97.- UNIONS TO IMPOSE SANCTIONS TO THIS SECTION
, the authority becomes aware of AFFECTED INDIVIDUALS OR infringement relates, they may write JUDGE WITH COMPETITION IN LABOR MATTERS EXPOSING THE FACTS, ACCOMPANYING the justifications, IF
any, and requesting that RESPECTIVE PENALTIES APPLY. (11)
Art. 98.- institution that hath WORKERS union members RETAIN THIS
OBLIGED TO QUOTAS TO DELIVER THE SAME TRADE, provided this is communicated payroll unionized workers, through the National Department of Social Organizations, THE COMMUNICATION IS PROCESSED IN
within five days. (11)
Art. 99. WAIVER TO THE QUALITY OF A TRADE UNION MEMBER
BE PRESENTED IN WRITING TO THE BOARD FOR; THIS AND THAT MEMBER RECEIVES RECORD INTERESTED TO DELIVER THE DAY AND TIME OF PRESENTATION.
RESIGNATION take effect, WITHOUT ACCEPTANCE, from the moment it is submitted.
PRESENTED BY RESIGNATION the first paragraph of the preceding article, it shall be communicated by BOARD TO THE ADMINISTRATION, WITHIN TEN DAYS TO YOUR RECEIPT. IN THIS CASE, OR WHEN THE WORKER Renunciate DISPLAY OWN aware, CESAR BE FEE RETENTION OF TRADE UNIONS.
IF THE MEMBERS OF THE BOARD WILL RECEIVE refuse to SURRENDER OR DELIVER THE PROOF REFERRED, THE WORKER MAY ATTEND Renunciate
A SECTION OF THE RESPECTIVE MINISTRY OF LABOR AND SOCIAL WELFARE TO EXPOSE YOU. SECTION zither POINTING OUT OF DATE AND TIME TO LEGAL REPRESENTATIVES OF THE UNION TO THE WORKER notify RESIGN AS A MEMBER OF THE SAME DECISION
. THIS RECORD WILL RISE DILIGENCE TO SIGN THE WORKER Renunciate if present, DIRECTING AND UNIONS who appears. THEY MAY OR IF they refuse to sign, shall be specified, penalty of nullity.
CERTIFICATION OF PREVIOUS RECORD OF THE TIMES WILL RECORD REFERRED TO THE SECOND PARAGRAPH OF THIS ARTICLE.
WHEN THE LEGAL REPRESENTATIVES fail to appear at the first summons, WILL BE NEW APPOINTMENT, AND IF THIS fail to appear, ACT MAKING SECTION RISE
DECLARES THIS SITUATION AND WAIVER fully effective FROM DATE OF APPEARANCE OF WORKER, SECTION SO IMMEDIATELY COMMUNICATE THE BOARD OF UNION AND PAY institution that
SERVICES FOR DISCOUNTS cease union dues. (11)
Art.100.- IF ANY UNION SENT TO ONE OF ITS MEMBERS, THE BOARD OF DIRECTORS shall notify
YOUR EMPLOYER WITHIN TEN DAYS TO EXPULSION; AND IN THIS CASE, AS WHEN THE WORKER WILL HAVE TO DISPLAY CONSTANCIA
been expelled, shall cease FEE RETENTION OF TRADE UNIONS. (11)
SECTION II Collective Bargaining Agreement
Art.101.- COLLECTIVE WORK CONTRACTS is to regulate, during its term, the conditions governing INDIVIDUAL CONTRACTS WORK IN DIFFERENT UNITS
PUBLIC INSTITUTIONS AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES CONTRACTING. (11)
Art. 102.- COLLECTIVE HIRING TO COMPLY WITH THE PRINCIPLES AND CONSTITUTIONAL GUARANTEES AND GENERAL FRAMEWORK ESTABLISHED IN LAW. (11)
Art. 103.- THE BOARD OF TRADE UNIONS MAY CHOOSE AMONG ITS MEMBERS, A SUBSCRIBER SNB AND COLLECTIVE CONTRACT, AND IN HIS CASE IN ACCORDANCE WITH THE SECOND CLAUSE article 106. (11)
Art. 104. REPRESENTATION OF PUBLIC FACILITY WILL BE EXERCISED BY THE HOLDER OF THE SAME OR REPRESENTATIVES appointed by him
BE LIABLE FOR CONDUCTING NEGOTIATIONS. (11)
Art. 105.- negotiating OF A COLLECTIVE CONTRACT TO FOUR PARTS MAY APPOINT CONSULTANTS MAXIMUM, WHO intervene with voice
IN NEGOTIATION. (11)
Art. 106.- PUBLIC WILL BE REQUIRED TO INSTITUTION AND TO CONCLUDE CONTRACT COLLECTIVE NEGOTIATE WITH UNION
, BELONG TO THE FIFTY-ONE PERCENT OF PUBLIC SERVANTS OF THE INSTITUTION WHEN his request.
EVEN IF TWO OR MORE UNIONS IN THE SAME FACILITY, AND NONE OF THEM THAT THE PERCENTAGE comply preceding paragraph, they may coalesce TO COMPLY WITH SUCH PERCENTAGE END, SO THE PUBLIC MUST BE
INSTITUTION A COLLECTIVE CONTRACT negotiate and conclude with unions coalesced, if they jointly asked.
NOTWITHSTANDING THE FOREGOING, may coalesce FOR THE EFFECTS OF preceding paragraph, TWO OR MORE UNIONS WITHIN THE SAME INSTITUTION, ALTHOUGH THEY MEET ONE OF THE PERCENTAGE REQUIRED IN THE FIRST PARAGRAPH OF THIS ARTICLE.
Art. 107.- FOR EACH PUBLIC INSTITUTION MAY HAVE ONLY A COLLECTIVE WORK CONTRACT
WHOSE LES PROVISIONS APPLY TO ALL SERVANTS OF THE INSTITUTION concerned BUT NOT BELONG TO CONTRACTING union or unions. WILL BE EQUALLY APPLICABLE TO PUBLIC SERVANTS
ENTERING THE INSTITUTION AND SAID DURING THE TERM OF AGREEMENT.
WITHIN A COLLECTIVE CONTRACT shall be three years; And it shall be extended automatically by
PERIODS OF ONE YEAR, IF EITHER PARTY IN THE SAME MONTH PENULTIMATE or its extension, PIDA contract review. MONTH PERIOD BE COUNTED FROM THE DATE THE CONTRACT BETWEEN EFFECTIVE.
COLLECTIVE AGREEMENTS GO INTO EFFECT ON THE FIRST DAY OF THE NEXT FISCAL YEAR its conclusion.
THE EFFECTS OF CONTRACT be extended while negotiations OF NEW COLLECTIVE AGREEMENT. (11)
Art. COLLECTIVE BARGAINING 108.- COVERED BY THIS LAW embrace all aspects RELATION TO INTEGRATE THE PUBLIC SERVANT OF BOTH THE CONTENT OF
SALARY AS OTHER RELATED TO WORKING CONDITIONS, such as:
to ) working conditions;
B) REMUNERATION OF WORKERS ON THE BASIS OF EFFICIENCY, EFFECTIVENESS,
PRODUCTIVITY, QUALITY AND ECONOMY;
C) THE ESTABLISHMENT OF TRAINING NEEDS RELATING TO THE DEVELOPMENT OF THE TREASURY OF THE INSTITUTION FUNCTIONS; And
d) formation of joint committees BETWEEN REPRESENTATIVES OF PUBLIC INSTITUTIONS AND UNIONS.
IN ANY CASE, can not constitute negotiated DECISIONS OF PUBLIC ADMINISTRATION AFFECTING ITS POWERS OF ORGANIZATION, THE EXERCISE OF
RIGHTS OF CITIZENS TO THE PUBLIC AND THE PROCEDURE FOR FORMATION OF OFFICIALS AND ACTS ADMINISTRATIVE ARRANGEMENTS. (11)
Art. 109.- ALL WORK COLLECTIVE AGREEMENT MUST CONTAIN:
a) PLACE AND DATE OF ISSUANCE;
B) FULL NAMES AND GENERAL SIGNED AND EXPRESSION WHAT ABOUT QUALITY IN ACTING;
C) the date on which takes effect;
D) general working conditions;
E) CLAUSES TO DETERMINE THE RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
; NOTWITHSTANDING THE PROVISIONS OF LEGAL SYSTEM;
f) CLAUSES TO ENSURE THE PERFORMANCE OR PERFORMANCE OF THE CONTRACT;
G) other provisions agreed upon by the CONTRACTING PARTIES OF
UNDER ARTICLE ABOVE; And
h) OTHER CONDITIONS AND THE PARTIES AGREED NOT CONTAINING AN
INVOLVEMENT TO BALANCE BUDGET STATE, SO NOT AFFECT THE PROVISION OF QUALITY AND UTILITIES. (11)
Art. 110.- ALL EXCLUSION CLAUSE IS PROHIBITED IN THE COLLECTIVE AGREEMENT. (eleven)
Art. 111.- COLLECTIVE WORK CONTRACT shall be in writing, SIGNED SEALED AND CONTRACTING replicated as HAGUE, plus one.
WITHIN THIRTY DAYS CELEBRATION TO, ANY PARTY PRESENTED COPIES TO SECTION FOR MINISTRY OF LABOR AND SOCIAL WELFARE FOR THE CONTRACT join the registry it shall
BE TOLD MINISTRY WILL MEET WHENEVER THE PROVISIONS OF THIS ACT. (11)
Art. 112.- THE MINISTRY OF LABOR AND SOCIAL WELFARE WITHIN FIVE FOLLOWING THE PRESENTATION OF CONTRACT DAYS, QUALIFY THE REQUIREMENTS OF FORM AND CAPACITY OF CONTRACTING
. IF THE LAW VIOLATIONS ENCONTRARE, VERIFY THE REGISTRATION IMMEDIATELY; FAILURE TO RETURN TO INTERESTED COPIES OF AGREEMENT WITH RELEVANT OBSERVATIONS.
Withholds WHEN A REGISTRATION AND EITHER PARTY considers it MISUSE, may appeal against HIERARCHICALLY FOR THE GENERAL DIRECTOR TO WORK,
WITHIN THREE DAYS after notification of the rejection. The Director may confirm, modify or revoke, AS THE CASE AND ORDER ENTRY IN CASE OF BEING FROM.
IF YOU HAVE BEEN DONE DESPITE QUALIFYING TO APPLIES, SE INSCRIBIERE CONTAINING A COLLECTIVE CONTRACT CLAUSES
CONTRARY TO LEGAL ORDER APPLICABLE or violate the rights enshrined THIS LAW FOR WORKERS, SUCH CLAUSES ARE deemed not. (11)
Art. 113.- IN EACH OF THE EXEMPLARY OF CONTRACT be recorded TIME AND DATE OF RECORD, THE BOOK, AND FOLIO NUMBER APPEARS THAT THE SEAT. A COPY IS RETURNED TO EACH CONTRACTOR AND BE RETAINED IN ONE FILE SECTION. (11)
Art. 114.- EXISTENCE OF COLLECTIVE CONTRACT WORK CAN ONLY DOCUMENT be tested by duly registered RESPECTIVE OR THROUGH
CERTIFICATION OF REGISTRATION EXTENDED BY THE DEPARTMENT FOR MINISTRY OF LABOR AND SOCIAL WELFARE. (11)
Art. 115. DISSOLUTION OF A UNION WILL NOT AFFECT THE OBLIGATIONS AND RIGHTS
INDIVIDUAL CONTRACT WHATSOEVER REGARDING COLLECTIVE. (11)
Art. 116.- COLLECTIVE WORK CONTRACT ENDS:
a) BY MUTUAL CONSENT OF THE PARTIES ALWAYS HAVE BEEN FILLED THEM THAT REQUIREMENTS FOR CELEBRATION;
B) FAILURE BY LEGAL CONTRACT subsisting; And
c) FOR OTHER REASONS SET FORTH IN THE AGREEMENT. (11)
Art. 117.- WORK COLLECTIVE CONTRACT ALSO COMPLETE SOLUTION FOR UNION THAT
been concluded; BUT THAT WILL TAKE PLACE NO TERMINATION, IF IN PUBLIC INSTITUTION there Were AFFILIATES OR OTHER UNIONS TO ANOTHER, AND ONE OF THESE HAD ACQUIRED AT LEAST THE FIFTY-ONE PERCENT OF TOTAL OF THE INSTITUTION
SERVERS WITH AS THAT, IN ADDITION THAT ASSOCIATION OF MAJORITY WILL REMEMBER IN SPECIAL ASSEMBLY SESSION, ASSUME THE RIGHTS AND OBLIGATIONS OF COLLECTIVE CONTRACT MENTIONED. THE AGREEMENT SHALL BE TAKEN WITHIN THIRTY DAYS
LAST PUBLICATION OF NOTICES REFERRED TO ART. 625 CODE OF WORK AND COMMUNICATE TO THE DEPARTMENT FOR MINISTRY OF LABOR AND SOCIAL WELFARE, WITHIN TEN DAYS TO SESSION OF THE ASSEMBLY EXPRESSED.
IF THE SECOND PARAGRAPH OF ART. 106 DISSOLUTION OF ANY OF CONTRACTING UNIONS NOT PRODUCE COLLECTIVE CONTRACT TERMINATION.
RETAINED THE UNION SUBSISTENT ASSIGNED BY YOUR RIGHTS AND OBLIGATIONS OF SUCH AND ONLY RESPOND CONTRACT OBLIGATIONS of the trade union dissolved WHEN FILLING had taken the formalities and requirements stated above.
Art. 118. A COLLECTIVE CONTRACT AT THE END WORK, EITHER PARTY
TIMELY NOTICE MUST GIVE THE DEPARTMENT RESPECTIVE MINISTRY OF LABOR AND SOCIAL WELFARE FOR CANCELLATION IN THE RELEVANT REGISTRATION. (11)
Art. 119.- any collective contract with any public institution NEED FOR VALID, THE ADOPTION OF THE SAME HOLDER, WHICH WILL BE SUBJECT TO THE FAVORABLE OPINION OF MINISTRY OF FINANCE. TO DO SO WILL THE RESPECTIVE OFFICIAL
REFERRAL WITHIN FIFTEEN DAYS FOLLOWING THE WORKING CONTRACT SIGNING.
THE MINISTRY OF FINANCE, THE MOMENT OF ISSUING THE OPINION REFERRED TO THE
CLAUSE ABOVE, WHICH WILL BE ISSUED WITHIN THE MAXIMUM WITHIN NINETY DAYS, SHALL BE SUBMITTED TO WHAT MAKE ARTICLE 226 OF THE CONSTITUTION AND WHAT ABOUT THE PARTICULAR ORGANIC LAW ESTABLISHING THE STATE FINANCIAL MANAGEMENT.
IF THE UNFAVOURABLE OPINION OUT THE CONTRACT, EXTEND
IF ANY, AND IN ANY CASE BE OPENED NEGOTIATIONS BASED ON THE PARAMETERS
NECESSARILY SUCH OPINION CONTEMPLASE.
IN NO EVENT WILL OR AUTHORIZED WHEN issue a favorable opinion
CONTRACT IN REFERENCE TO EXCEED OR MAY VIOLATE THE EFFECT THAT ARTICLE 228 OF POINTING THE CONSTITUTION.
INSTITUTION THAT AGREEMENT IS HELD LIABLE TO COMMUNICATE THE TEXT OF THE SAME TO THE COURT OF AUDITORS OF THE REPUBLIC. (11)
CHAPTER XII OF THE collective labor disputes (11)
SECTION I PRELIMINARY PROVISIONS Art. 120.- BY THEIR NATURE, ARE collective labor disputes:
1) LEGAL RIGHT OR; And
2) ECONOMIC INTERESTS OR. (11)
Art. 121.- CONSIDERED LEGAL OR COLLECTIVE CONFLICTS OF LAW, ALL
originating AS A RESULT OF BREACH OR INTERPRETATION OF A COLLECTIVE WORK CONTRACT. (11)
Art. 122.- ALL THOSE CONFLICTS originating NEGOTIATION OF GENERAL AND SPECIAL OF THE PROVISION OF PART OF PUBLIC SERVANTS FOR INSTITUTIONS WITH WHICH DEPEND ON CONDITIONS ARE CALLED
COLLECTIVE CONFLICTS OF INTEREST ECONOMIC OR. (11)
Art.123.- IN COLLECTIVE CONFLICTS MAY BE ONLY PART: THE UNION
COALIGACIÓN MAJORITY OR IF UNIONS; AND FOR PUBLIC INSTITUTION. (11)
SECTION II CONFLICTS OF LEGAL
Art. 124.- jurisdiction to hear OF COLLECTIVE CONFLICTS OF LEGAL AGAINST THE STATE, THE WORKING CHAMBERS OF THE CITY OF SAN SALVADOR; AND IN THE CASE OF THE MUNICIPALITIES, THE JUDGES WORK ON COMPETITION WITH THE
WHEN SEEKING A COLLECTIVE CONFLICTS OF LEGAL,
INTERESTED PART PRESENTED TO THE CAMERA OR ITS RESPECTIVE JUDGE DEMAND IN DUPLICATE setting out all the reasons I get so CLAIMED IS BREACH OR || |
misinterpreting THE COLLECTIVE CONTRACT OF EMPLOYMENT, DEMAND TO BE ELIGIBLE
ESTABLISHING THE ART. 379 CODE OF WORK IN WHAT YOU ANY APPLICABLE. (11)
Art. 125.- ADMITTED DEMAND, THE COURT FOR notice to the other party, giving COPY OF THE SAME FOR THE ANSWER WITHIN FIVE DAYS TO SITE. IN REPLY TO BE EXPRESSING THE REASONS TO ASSERT THAT
hath IS FULFILLING OR INTERPRETING THE COLLECTIVE CONTRACT PROPERLY. (11)
Art. 126. After the term SITE WITHOUT ANSWER THE DEFENDANT DEMAND, THE DISPUTE be processed without your intervention. HOWEVER, WILL NOT DO IT BACK AFTER appear in person. (11)
Art. 127.- ANSWERED THE CLAIM OR PASSED THE TERM OF THE SITE, THE COURT OPENS TO RESPECTIVE TESTS FOR TEN DAYS, in the case
COMPLIANCE OF COLLECTIVE CONTRACT.
OVERCOME THE PROBATION TERM WITH THE MERIT OF PROOF THE COURT FAIL,
within five days, ORDERING, IF ANY, TO COMPLY WITH the clause violated WITHIN THE COURT TO ATTACH prudentially, WITHOUT EXCESS OF THIRTY DAYS TO NOTIFICATION; HOWEVER, IN THE CASE IN WHICH ANY PROCEDURE NECESSARY FOR OBTAINING A PROVISION OF OR SERVICE,
CONTRACT PERFORMANCE OR TO BE CONTINGENT INDICATED LIMITS LAW OR LAW TO THE EFFECT THAT REGULATE RESPECTIVE the situation; REGARDLESS OF LIABILITY IN WHICH payments fall SERVER PUBLIC BY THE REQUIREMENT
UNJUSTIFIED DELAY PROCESSING FOR. (11)
Art. 128. WHEN THE CONFLICT IS DUE TO THE MERE INTERPRETATION OF A STANDARD OR
RULES CONTAINED IN THE COLLECTIVE CONTRACT WORK, THE COURT FAIL WITHIN FIVE DAYS TO REPLY OF THE CLAIM OR THE TERM PASSED SITE, dECLARING THE PROPER INTERPRETATION.
BE RELEVANT, THE COURT indicate how OPPORTUNITY AND TO BE FULFILLED the relevant standard INTERPRETED. (11)
SECTION III PROCEDURE IN COLLECTIVE CONFLICTS OF INTEREST
ECONOMIC OR PART OF THE STAGES
Art. 129.- COLLECTIVE CONFLICTS OF INTEREST ECONOMIC OR CHARACTER, WILL TAKE PLACE UNDER THE FOLLOWING STAGES:
a) direct negotiation;
b) THE RECONCILIATION; And
c) THE ARBITRATION. (11)
PART TWO OF DIRECT CONTACT
Art. 130. WHEN SEEKING THE CELEBRATION OR REVISION OF A COLLECTIVE CONTRACT WORK, THE APPLICATION, to be called petitions, it SHALL BE MADE IN WRITING AND ACCOMPANY OF TWO COPIES OF DRAFT CONTRACT AND CERTIFICATION
POINT OF MINUTES OF THE MEETING WHERE HAS APPROVED the project. (11)
Art. 131. The application must contain:
A) APPOINTMENT OF PART REQUIRED;
B) designation of the requesting party;
C) NAMES OF PERSONS RESPONSIBLE FOR NEGOTIATION, PURSUANT TO Arts. 100 and 101 of this Act; And
d) a brief description of the social foundations, LEGAL, ECONOMIC AND TECHNICAL
IN WHICH THE TENDER OF PETITIONS BASE. (11)
Art. 132. APPLICATION AND COPY OF THIS, THE PROJECT AND CERTIFICATION REFERRED TO
ART. 130 OF THIS LAW SHOULD BE DIRECTED TO THE COURT OF CIVIL SERVICE, WHICH CERTIFY THE FOOT OF THE APPLICATION AND YOUR COPY, THE DAY AND TIME OF PRESENTATION. It is reserved ORIGINAL COPY AND WILL GET WHAT, NO LOSS OF TIME, PART TO WHOM ADDRESSED
Art. 133.- PRESENTED PROJECT APPLICATION AND SAID, THE PARTY WHO IS,
WITHIN SEVENTY-TWO HOURS RECEIVED MUST MEET WITH PART APPLICANT TO DETERMINE THE PLACE, DATE AND TIME THAT IS CONDUCTED NEGOTIATING SESSIONS. (11)
Art. 134. IF INTERESTED PARTIES NOT MEET OR NOT agree REGARDING THE PROVISIONS OF ARTICLE ABOVE, ANY OF THEM KNOW THE COURT WILL DO
CIVIL SERVICE, WHICH PRIOR HEARING THE PARTIES, DETERMINE THE PLACE, DATE AND TIME TO BE MADE IN MEETINGS. (11)
Art. 135.- AT MEETINGS NEGOTIATING seek to reach a direct agreement on the draft contract. SESSIONS, EXCEPT EXPRESS DETERMINATION OF THE PARTIES ARE CONDUCTED DURING TWENTY DAYS, COUNTED FROM THE FOLLOWING
Him that the institution had received the list of demands. (11)
Art. 136.- IF IN DIRECT NEGOTIATION reached by the parties AN AGREEMENT ON DRAFT CONTRACT
COLLECTIVE WORK, THIS IS SUBMITTED TO THE APPROVAL OF THE RESPECTIVE TRADE UNION ASSEMBLY AND FAVORABLE OPINION OF THE MINISTRY OF FINANCE, IN ACCORDANCE WITH ESTABLISHED IN art.119.
CONTRACT TO BE APPROVED, SHALL BE SIGNED BY THE PARTIES, being followed WITH REGISTRATION PROCEDURES IN THE RELEVANT REGISTRATION AND ARE THUS ENDED
IF ANY PARTIAL AGREEMENT, OR IF no agreement, shall be stated
IN RECORD POINTS ON WHICH AGREEMENT WAS, specifying, TURN, those in which there were none. RECORD THIS BE EXTENDED IN DUPLICATE.
IMMEDIATELY, EITHER PARTY may request the court CIVIL SERVICE, initiating the conciliation stage. AS application it must be accompanied ACT MENTIONED. (11)
Art. 137. PART WHEN AN APPLICATION FOR WHOM A COLLECTIVE BARGAINING AGREEMENT WORK IS DENIED TO ENTER NEGOTIATIONS MUST COMMUNICATE ITS REFUSAL TO PETITIONER
, THIS IS EXPRESSING THE REASONS IN CASE WITHIN THE TEN DAYS FOLLOWING TO YOUR RECEIPT.
COMMUNICATION WILL IN ORIGINAL AND COPY THE COURT THROUGH CIVIL SERVICE
, who will certify THE FOOT OF THESE, THE TIME AND DATE FOR SUBMISSION, MAKING TO GET THE ORIGINAL TO PART WHO IS ADDRESSED AND COPYING It is added to the relevant file.
IF REFUSAL IS FUNDARE IN THE LACK OF OWNERSHIP OF APPLICANT OR ANY OTHER CAUSE, THE COURT OF CIVIL SERVICE, AS PRIOR TO THE NEXT STEP ACT, Mandara HEAR THE OTHER PARTY FOR THE TERM OF THREE DAYS.
PASSED THAT TERM OPENS FOR PROOF WITHIN THREE DAYS, GIVING THE COURT HAVING TO RESOLUTION FOR THE TERM OF TWO DAYS
IF THE ALLEGED HAD REFUSED, the conflict will be terminated.
RESOLUTION THE CIVIL SERVICE TRIBUNAL OF ADMITTED FOR REVOCATION APPEAL TO THE SAME COURT, WHICH TO BE FILED UNDER ART. 426 OF THE CODE OF CIVIL PROCEDURE. OTHERWISE, WILL CONTINUE TO DEAL WITH DIRECT.
STAGE OF DIRECT DEAL NOT BE LONGER HAVE A TWENTY DAYS, EXCEPT the parties agree to renew them. TO OVERCOME THIS PERIOD,
ANY PARTY MAY ASK THE COURT OF CIVIL SERVICE OF RECONCILIATION STAGE starts. (11)
PART THREE OF RECONCILIATION
Art. 138.- REQUEST TO RECEIVE THE SETTLEMENT, THE PRESIDENT OF THE COURT OF CIVIL SERVICE
IMMEDIATELY IF NOT INTERVENE AS SUCH decides, shall appoint a conciliator, TO WITHIN FORTY-EIGHT HOURS FOLLOWING CITE THE PARTIES TO CONFLICT SCHEDULE EFFECT AGREED TO HOLD MEETINGS AND RECONCILIATION
nominate the people who are to represent, IF ANY, and counsel; IN CASE OF DISAGREEMENT OR ABSENCE, THE COURT OF CIVIL SERVICE WILL THE SIGNS OF DAY AND RESPECTIVE TIME.
ADDITION OF conciliator, IN MEETINGS HAVE TAKEN THAT IMPORTANT ISSUES OR DIFFICULT SOLUTION WILL PARTICIPATE one or more conciliators APPOINTED
COURT CIVIL SERVICE. (11)
Art. 139.- CONCILIATOR TO MODERATE THE BEHAVIOR OF STAKEHOLDERS AND ENSURING
AVENIRLOS, proposing ON DIFFERENT POINTS OF SOLUTIONS THAT DISCORDIA they consider to be fair, equitable, SUITABLE FOR PARTY, ACCORDING TO THE PROVISIONS OF ART. 119 of this Act and to harmonize
THE INTERESTS OF PUBLIC INSTITUTIONS AND THEIR WORKERS. (11)
Art. 140.- THE CONCILIATION NOT BE SUBJECT TO ANY FORMALITY;
IN IT WILL NOT BE ACCEPTED actions or methods that may hamper settlement agreement, subject in all cases GIVEN THE GREATER FLEXIBILITY TO PROCESSING AND NEGOTIATION. (11)
Art. 141. RECONCILIATION IN POINTS ONLY NEGOTIATE ON WHICH IS no agreement
in the previous stage; Unless the parties, by agreement, DECIDE TO MODIFY ANY POINT AND NEGOTIATION. Many meetings as may be necessary and will take place, RESULTING FROM THEM A TOTAL compromise, it shall be observed Subparagraphs
first and second ART. 136 of this Act, WHAT IS shall record in the minutes. (11)
Art. 142.- the conciliation stage shall last THIRTY DAYS, COUNTED FROM THE FIRST MEETING HELD THAT, EXCEPT the parties agree to extend it.
CONCLUDE THIS STAGE BE AHEAD FOR THE FOLLOWING CAUSES:
1st) WHEN ONE OF THE PARTIES REPRESENT THAT IS WILLING TO RECONCILE NO;. And
2nd.) WHEN ONE PARTY TWO STOPS attend conciliation meetings.
TO CONCLUDE THIS STAGE, WILL RISE CUSTOMER 'RECORD SUSPENSION OF TERMINATION OF THE STAGE. (11)
Art. 143.- CONCILIATOR RETURNED TO THE PRESIDENT OF THE PROCEEDINGS COURT OF CIVIL SERVICE, dictating resolution declaring OVER THE STAGE
RECONCILIATION AND WILL KNOW THE PROVIDENCE TO THE PARTIES. (11)
PART FOUR OF ARBITRATION Art. HAVING FINISHED 144.- conciliation stage, PROCEED TO ARBITRATION IS IN THOSE POINTS ON WHICH THERE WAS NO compromise in any of the previous stages.
Art. 145.- WITHIN TWO HOURS OF SEVENTY AND CONFLICT TO HAVE SUBMITTED
arbitration, each party shall appoint an arbitrator AND YOU COMMUNICATE TO THE PRESIDENT OF CIVIL SERVICE TRIBUNAL. IF THE PARTIES OR ANY OF THEM, have not made APPOINTMENT IN THAT TIME, THE COURT OF CIVIL SERVICE WILL DO ON BEHALF OF DISREGARD U
omitted. SUCH THAT HAS BEEN APPOINTED ARBITRATORS SHALL BE CITED BY THE COURT OF CIVIL SERVICE FOR YOUR OFFICE attend WITHIN FORTY-EIGHT HOURS FOLLOWING TO BE SWORN BY SAID OFFICIAL AND TO CHOOSE A THIRD ARBITRATOR
A WILL BE THE PRESIDENT THE COURT OF ARBITRATION. IF YOU agree on ELECTION, THE CIVIL SERVICE TRIBUNAL, WITHIN TWENTY-FOUR HOURS FOLLOWING WILL MAKE THE APPOINTMENT, OATH TO THIRD TAKE
REFEREE AND GIVE POSSESSION OF CHARGES TO ALL MEMBERS OF THE COURT OF ARBITRATION. (11)
Art. 146. REFEREES SHOULD BE Salvadoran citizens, OVER THIRTY YEARS
FIVE WITH COLLEGE DEGREE, WHICH ARE IN THEIR FULL ENJOYMENT OF CIVIL AND POLITICAL RIGHTS.
FOR EACH arbitrator, the parties shall nominate one alternate, SWORN TO BE EQUALLY TO THE HOLDER WHO WILL TAKE PLACE IN THE EVENT OF DEATH, RESIGNATION OR REMOVAL OF CHARGE grounds for challenge. (11)
Art. 147.- NOT BE MEMBERS OF THE COURT OF ARBITRATION:
a) persons who directly or indirectly have participated ON BEHALF OF THE PARTIES TO THE STAGES OF DEALING OR DIRECT RECONCILIATION; And
b) LINKED TO ANY PERSON EITHER PARTY LIKE ITS OFFICERS, PUBLIC SERVANTS, AGENTS, CONSULTANTS, AGENTS OR ATTORNEYS
Art. 148.- Arbitrators may be recused TO THE PRESIDENT OF THE COURT OF CIVIL SERVICE
, WITHIN FORTY-EIGHT HOURS OFFICIAL SWORN AND RESOLVED THAT INCIDENT IN THE FOLLOWING HOURS FORTY-EIGHT. RESOLUTION IS ADMITTED REVOCATION APPEAL PURSUANT TO ART.
426 OF THE CODE OF CIVIL PROCEDURE. (11)
Art. 149.- ARE CAUSES OF CHALLENGE:
1st) NOT MEET REQUIREMENTS FOR MEMBERSHIP OF THE COURT OF ARBITRATION OR HAVE ANY DISABILITIES INDICATED IN ART. 147;
2nd) BE spouse or relative within the fourth degree of consanguinity or second degree OF REPRESENTATIVES, OFFICERS, COUNCILLORS,
DIRECTORS, ADVISORS OR GUARDIAN; And
3rd) PROVEN TO HAVE INTEREST IN THE CONFLICT. (11)
Art. 150.- TO GIVE POSSESSION TO MEMBERS OF THE COURT OF ARBITRATION, THE PRESIDENT OF THE COURT CIVIL SERVICE DELIVERED TO THE PRESIDENT OF THE COURT OF ARBITRATION
ALL THE BACKGROUND, REPORTS AND PROCEDURE CONCILIATION PROCEEDINGS. (eleven)
Art. 151.- AND REFEREES shall be sentenced
UNDER YOUR CONSCIENCE LES dictate, EQUITABLE AND WITHIN THE LIMITS IN ART. 119 of this law, in nullity THE RESPECTIVE ARBITRATION AWARD.
THE COURT OF ARBITRATION MAY MAKE CREATING RESEARCH NEEDED FOR THE BEST SOLUTION OF ISSUES RAISED AS THE REQUEST OF THE REPRESENTATIVE PARTS OR INFORMATION THAT may be necessary to ILLUSTRATE YOUR JUDGMENT ORDERING inspections and surveys, question the parties AND RECEIVE STATEMENTS. (11)
Art. ARBITRATION COURT 152.- NECESSARILY MUST ACT, DELIBERATE AND RESOLVE WITH THE FULL SUPPORT OF ALL ITS MEMBERS AND RESOLUTIONS
shall be taken by majority vote.
The member who unjustifiably does not attend court proceedings
ARBITRATION, YOU WILL LOSE THEIR FEES.
THE SECOND unexcused absence, WILL RESULT IN THE APPEARANCE OF ARBITRATOR, FOR
Art. 153. Within five days following TAKEOVER OF THE COURT OF ARBITRATION
MUST KNOW THE HISTORY OF CONFLICT; You GET EVIDENCE THAT CREATES AND CONVENIENT indicate the place, day and time to hear the parties. IN THIS HEARING IS LAST ATTEMPT secure agreement AND IF SURTIERE EFFECT IMMEDIATELY
WILL RISE AND RECORD circumstantiated AGREEMENT SUBMITTED TO THE APPROVAL OF THE RESPECTIVE ASSEMBLY OF TRADE UNIONS.
CONTRACT TO BE APPROVED, SHALL BE SIGNED BY THE PARTIES, being followed WITH REGISTRATION PROCEDURES IN THE RELEVANT REGISTRATION AND ARE THUS ENDING THE CONFLICT. (11)
Art. 154.- FOLLOWING WITHIN THIRTY DAYS FROM THE DATE OF
INTEGRATION, the Court will FAILURE, to be called "AWARD"
WHICH WILL BE SIGNED BY EACH OF THE MEMBERS. IF ONE OF THEM refuses to sign, this is MENTION OF THAT CIRCUMSTANCES AND THE AWARD WILL THE SAME IF ANY EFFECT FOR ALL BEEN SIGNED.
THE AWARD WILL NOT BE VOID OUTSIDE for speaking period specified in the preceding paragraph; BUT THEREFORE, THE MEMBERS OF THE COURT OF ARBITRATION FEES lose their
Art. 155. The award shall notify the parties REMEDIES AND NOT ADMITTED. (11)
Art. 156.- THE AWARD TO COLLECTIVE DISPUTE ENDS AND HAS THE CHARACTER OF Collective Bargaining Agreement; Be entered without further ado NI REGISTRY
DILIGENCE AND EFFECTIVE FOR THREE YEARS WILL BE COUNTED FROM REGISTRATION. (11)
Art. 157.- AUTHORITIES, OFFICIALS AND, ESPECIALLY, THE COURT OF CIVIL SERVICE, WILL BE FORCED TO PAY THE TRIBUNAL, ALL AID, DATA, BUSINESS concerned, E reports required FOR BEST PERFORMANCE OF ITS | || FUNCTIONS. (11)
Art. 158.- REFEREE FEES PAID AND BE DETERMINED BY THE COURT OF CIVIL SERVICE BY PERSONS TREATED exercising public functions.
FOR SUCH debt and to cover the expenses incurred ARBITRATION COURTS ARE ADDED TO THE ANNUAL BUDGET FOR THE GAME. (11)
CHAPTER XIII FINAL PROVISIONS AND EFFECTIVE (11)
Art. 159. THIS LAW FOR YOUR SPECIAL CHARACTER THAT OTHERWISE PREVAIL ON THE Counteract in this matter. (11)
Art. 160.- LAWS IN THIS DECREE ENTER INTO FORCE TWELVE MONTHS AFTER THE DATE OF RATIFICATION OF INTERNATIONAL CONVENTIONS NUMBERS 87, 98, 135 AND 151 OF THE INTERNATIONAL LABOUR ORGANISATION,
they HAVE BEEN REPORTED BY THE DIRECTOR GENERAL OF THIS ORGANIZATION, PRIOR PUBLICATION OF tHOSE IN THE OFFICIAL JOURNAL AND these reforms. (11)
GIVEN IN PRESIDENTIAL HOUSE: San Salvador, on the twenty fourth day of November in 1961.
Mariano Castro Morán.
Jorge Mauricio Butter,
Minister of Justice.
Tomo OJ No. 239 No. 193 Date: December 27, 1961 REFORMS
(1) DL No. 114, 20 JULY 1962; OJ No. 132, T. 196, 20 JULY 1962
(2) DL No. 131, August 29, 1962; OJ No. 159, T. 196, SEPTEMBER 3, 1962.
(3) DL No. 230, 14 December 1962; OJ No. 234, T. 197, 20 DECEMBER 1962
(4) DL No. 231, 14 December 1962; OJ No. 234, T. 197, 20 DECEMBER 1962. ERRATA:
DL No. 238, 8 JANUARY 1963; OJ No. 9, T. 18, 15 February 1963.
(5) DL No. 367, August 21, 1963; OJ No. 160, T. 200, 29 AUGUST 1963
(6) DL No. 109, 10 SEPTEMBER 1968; OJ No. 171, T. 220, 13 SEPTEMBER 1968
(7) DL No. 350, 20 May 1971; OJ No. 102, T. 231, 7 JUNE 1971
(8) DL No. 462, 25 OCTOBER 1973; OJ No. 207, T. 241, NOVEMBER 8, 1973.
(9) DL No. 457, 29 January 1976; OJ No. 32, T. 250, 17 February 1976.
(10) DL No. 678, 19 December 2001; OJ No. 241, T. 353, 20 DECEMBER 2001
(11) DL No. 78, 24 AUGUST 2006; OJ No. 187, T. 373, 9 OCTOBER 2006
(12) DL No. 10, 20 MAY 2009;
OJ No. 94, T. 383, 25 May 2009.
(13) DL No. 300, 7 FEBRUARY 2013;
OJ No. 38, T. 398, 25 February 2013.
(14) DL 593, 18 DECEMBER 2013;
OJ N 12, T. 402, 21 January 2014. DECREES vetted
DL No. 1156, 12 FEBRUARY 2003;
DL No. 138, 25 SEPTEMBER 2003;
NOTE OF CONSTITUTIONAL CHAMBER:
* THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT, BY MEANS OF JUDGMENT No. 123-2012, published in OJ No. 165, T. 408, THE SEPTEMBER 10, 2015, DECLARES THAT THE INC. 3 of art. 42 against the right HEARING SET FORTH IN THE ART. 11 INC. 1 OF THE CONSTITUTION, AND, THEREFORE, it HAS BEEN REPEALED BY THIS CLAUSE UNDER ESTABLISHED IN HIS ART. 249. (JQ / 12/10/15)
▸ TRANSITIONAL PROVISIONS TRANSITIONAL PROVISIONS REGARDING PAYMENT COMPENSATION (two installments) DL No. 705, January 10, 2002;
OJ No. 7, T. 354, 11 JANUARY 2002
▸ TRANSITIONAL PROVISIONS RELATING TO THE CANCELLATION PAYMENT IN ONE WITHIN NINETY DAYS SUBSEQUENT TO THE EFFECTIVENESS OF THIS DECREE, TO EX-OFFICIALS AND EX- EMPLOYEES OF PUBLIC ADMINISTRATION WHICH IS OVER YOUR
LES CONTRACT OR REMOVED THEIR SEATS. DL No. 1135, 29 JANUARY 2003; OJ No. 27, T. 358, 11 FEBRUARY 2003
RM SV 08/07/09 19/03/13 25/02/14
JQ JQ 10.12.15