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Civil Service Law

Original Language Title: LEY DE SERVICIO CIVIL

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 507

THE MILITARY CIVIC DIRECTORY OF EL SALVADOR,

CONSIDERING:

I.-That Article 109 of the Political Constitution of 1950 establishes the administrative career, recognizes the guarantee of permanence to officials and

employees included in it and provides that a special law regulate the civil service;

II.-That in accordance with the constitutional precept cited the the law governing the civil service must include in particular the conditions of admission to the administration, the rules regarding promotions, promotions, transfers,

suspensions and cessation of the officials and employees included in the administrative career; and appeals against resolutions affecting them;

III.-That in order to guarantee the efficiency of the administration in the interest of the public interest, it is indispensable that the special law on the subject matter also the duties and prohibitions to which officials and employees should be subject;

IV.-That in observance of Article 111 of the Constitution mentioned above, the provisions of the law that are decreed must be extended to the officials

and municipal employees.

BY TANTO,

in use of the legislative powers conferred on it by Decree No. 1 of 25 January of the current year, published in Official Journal No. 17, Volume 190, of the same date,

DECREE, SANCTIONS AND PROMULGATION, the following:

CIVIL SERVICE LAW

CHAPTER I

PROVISIONS

NAME, GOAL, AND PRINCIPLES THE LAW (11)

Art. 1.-THIS STATUTE IS CALLED "CIVIL SERVICE LAW" AND IS INTENDED TO REGULATE THE RELATIONS OF THE STATE AND THE MUNICIPALITY WITH ITS

PUBLIC SERVANTS; TO GUARANTEE THE PROTECTION AND STABILITY OF THESE AND THE EFFICIENCY OF THE SERVICES. PUBLIC INSTITUTIONS AND ORGANIZE THE ADMINISTRATIVE CAREER BY SELECTING AND PROMOTING STAFF ON THE BASIS OF MERIT AND FITNESS. (11)

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Scope of Law

Art. 2.-SUBJECT TO THE PROVISIONS OF THIS LAW, WITH THE EXCEPTIONS THAT WILL LATER BE SAID, THE PUBLIC SERVANTS OF THE PUBLIC INSTITUTIONS

WHEN IN THE TEXT OF THIS LAW REFER TO THE PUBLIC ADMINISTRATION OR TO THE INSTITUTIONS PUBLIC, HE WILL BE REFERRING TO THE PRESIDENCY OF THE REPUBLIC, MINISTRIES, LEGISLATIVE BODY, JUDICIAL BODY, INDEPENDENT BODIES,

DEPARTMENTAL POLITICAL GOVERNORSHIPS AND MUNICIPALITIES. LIKEWISE, WHEN THIS LAW REFERS TO THE OFFICIAL OR PUBLIC EMPLOYEE, IT SHALL BE REFERRED TO THE PUBLIC SERVANTS OR EMPLOYEES.

MEMBERS OF THE MAGISTERIUM AND FOREIGN SERVICE, BY THE NATURE OF THEIR DUTIES, SHALL BE GOVERNED BY SPECIAL LAWS; WITHOUT PREJUDICE TO THE SOCIAL RIGHTS

CONTAINED IN THIS LAW, WHICH SHALL APPLY TO SUCH SERVANTS PUBLIC. (4) (11)

Creating and deleting jobs

Art. 3.-Any place, position or public employment may only be created or suppressed by law; and in order to take possession or to enter into office or employment the official or employee shall be appointed

in accordance with the law. This provision applies, as appropriate, to shipments cases.

Excluded from Administrative Career

Art. 4. THE FOLLOWING PUBLIC SERVANTS SHALL NOT BE INCLUDED IN THE ADMINISTRATIVE RACE:

(A) THE OFFICIALS OF POPULAR CHOICE.

(b) THE MINISTERS AND DEPUTY MINISTERS OF STATE.

(c) THE ATTORNEY GENERAL OF THE REPUBLIC, THE ATTORNEY GENERAL OF THE REPUBLIC,

THE ATTORNEY GENERAL FOR THE DEFENSE OF HUMAN RIGHTS, THE SECRETARIES-GENERAL OF THE PUBLIC INSTITUTIONS AND THE ASSISTANT PROSECUTORS.

(d) THE SECRETARIES OF THE PRESIDENCY OF THE REPUBLIC.

E) THE DEPARTMENTAL POLITICAL GOVERNORS AND SECRETARIES OF THE

DEPARTMENTAL POLITICAL GOVERNORSHIPS AND MUNICIPAL MUNICIPAL GOVERNMENTS.

F) THE PRESIDENT, MAGISTRATES, SECRETARY-GENERAL AND SENIOR OFFICER OF THE

SUPREME COURT OF JUSTICE; MAGISTRATES, SENIOR OFFICERS AND SECRETARIES OF THE CHAMBERS OF THE SECOND INSTANCE; JUDICIAL OFFICERS WITH CATEGORY OF JUDGES OF FIRST INSTANCE, OF JUDGES OF PEACE AND THEIR RESPECTIVE SECRETARIES; HEADS OF PROBITY SECTIONS,

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NOTARY, PROFESSIONAL, JUDICIAL AND SECTION HEADS OF THE SUPREME COURT JUSTICE AND ITS CORRESPONDING SECRETARIES.

G) MEMBERS OF THE CIVIL SERVICE TRIBUNAL, SUPREME ELECTORAL COURT, COURT OF APPEALS FOR INTERNAL TAXATION AND CUSTOMS AND MEMBERS

COMPRISING THE FULL NATIONAL COUNCIL OF THE JUDICIARY AND ITS EXECUTIVE SECRETARY.

H) THE PRESIDENT, MAGISTRATES AND SECRETARY OF THE COURT OF AUDITORS OF THE REPUBLIC.

I) THE PRESIDENT AND SECRETARY OF THE HIGHER COUNCIL OF PUBLIC HEALTH, HIGHER COUNCIL OF WORK AND NATIONAL COUNCIL OF THE MINIMUM WAGE.

J) THE MEMBERS OF THE ARMED FORCE AND THE NATIONAL CIVIL POLICE.

k) THE HEADS, COMMANDERS AND SURVEILLANCE PERSONNEL OF THE PENAL CENTERS;

INSPECTORS AND CUSTODIANS OF THE TUTELARY CENTERS OF MINORS AND CUSTOMS OF THE REPUBLIC; THE DELEGATES, SUB-DELEGATES OF THE DIRECTORATE GENERAL OF MIGRATION; CUSTOMS ADMINISTRATORS, CUSTOMS SUB-ADMINISTRATORS AND THEIR SECRETARIES.

L) THE PUBLIC SERVERS THAT HOLD THE POSITIONS OF DIRECTORS, DEPUTY DIRECTORS AND SECRETARIES OF THESE; MANAGERS, DEPARTMENT HEADS,

SECTION, ADMINISTRATORS, COLLECTORS, TREASURERS, PAYERS, INTENDENTS, STORE-STORES, WINEMAKERS AND AUDITORS IN ANY DEPENDENCY OF PUBLIC INSTITUTIONS, AS WELL AS THOSE WHO HANDLE

PUBLIC OR MUNICIPAL FUNDS OR OTHER ASSETS IN CUSTODY, DEPOSIT OR ANY OTHER TITLE IN CHARGE OF THE STATE, OR THE PERFORMANCE OF THEIR DUTIES IS REQUIRED TO PROVIDE

OF THE FISCO; AND IN GENERAL, THOSE PUBLIC SERVANTS WHO ARE IN CHARGE OF PROCESSING PAYMENT ORDERS.

M) THE PERSONS UNDER CONTRACT, AS REFERRED TO IN ARTICLE 83 OF THE GENERAL PROVISIONS OF BUDGETS.

WITHOUT PREJUDICE TO THE PROVISIONS OF PREVIOUS LITERALS, ANY PERSON WHO PROVIDES SERVICES OF A PERMANENT NATURE, THEMSELVES OF THE OPERATION OF THE PUBLIC INSTITUTIONS CONTRACTED UNDER THE CONTRACT SCHEME, SHALL BE INCLUDED

IN THE ADMINISTRATIVE CAREER.

SET FORTH IN THE PRECEDING PARAGRAPH WILL NOT BE APPLICABLE TO CONTRACTS

ENTERED INTO BY THE LEGISLATIVE ASSEMBLY.

FOR THE PURPOSES OF THIS LAW WILL BE UNDERSTOOD BY SERVICES OF A PERMANENT NATURE, THOSE PROVIDED BY A NATURAL PERSON UNDER THE FIGURE OF CONTINUITY AND

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DEPENDENCE OR SUBORDINATION INDISPENSABLE FOR THE FULFILLMENT OF INSTITUTIONAL PURPOSES; RECEIVING FUNDED COMPENSATION FROM BUDGET RESOURCES

STATE GENERAL. (4) (5) (6) (8) (9) (11) (12)

SCOPE OF EXCLUSIONS (11)

Art. 5.-THE PUBLIC SERVANTS INCLUDED IN THE PREVIOUS ARTICLE SHALL, HOWEVER, HAVE THEIR EXCLUSION, DUTIES AND PROHIBITIONS AND SHALL INCUR

RESPONSIBILITIES ESTABLISHED BY THIS LAW. AS REGARDS THE SOCIAL RIGHTS COVERED BY THIS LAW, THE PROVISIONS OF CHAPTER XI OF THIS LAW SHALL BE AS LAID DOWN IN THIS LAW. (11)

CHAPTER II ORGANIZATION

Competent Bodies

Art. 6.-For the application of this law, the Civil Service Commissions and the Civil Service Tribunal, which in the text of this law will be called the Commission and

Court respectively, are created as competent bodies.

Civil Service

Art. 7.-There shall be a Commission in each of the following administrative departments:

a) Legislative Assembly;

b) Supreme Court of Justice;

c) Chambers of the Second Instance, except those established in the capital of the Republic;

d) Presidency of the Republic;

e) Secretaries of State;

f) Court of Auditors of the Republic;

g) Prosecutor General of the Republic;

h) ATTORNEY GENERAL OF THE REPUBLIC; (11)

i) COURT SUPREME ELECTORAL; (11)

j) ATTORNEY GENERAL FOR THE DEFENSE OF HUMAN RIGHTS; (4) (11)

k) General Addresses;

l) Municipal Mayors of Departmental Headers; and

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m) Units or Secondary Dependencies of State Secretaries with Seat in the

Departmental headers, except in San Salvador.

n) NATIONAL COUNCIL OF THE JUDICIARY. (11)

The respective Commissions will know of the matters of this law, as regards the staff of the offices in which they act, both of the primary unit itself and of the secondary units of

organization that of it are dependent; within the same Department; except for the Supreme Court of Justice, which shall also be aware of the matters relating to the employees of the Chambers of the Second Instance and the Courts of First Instance and of Peace established in the Department of San

Salvador; the commissions of the Chambers of the Second Instance will also the matters concerning the employees of the Courts of First Instance and of Peace understood in the respective jurisdiction; the commissions of the Municipal Mayors of the departmental capitals will know

also personnel of the Municipal Mayors of the respective Department, and in this same way the Commissions of the units specified in the literal m).

When in the same locality there is more than one Chamber of the Second Instance, the Commission will establish itself in the civil class.

Way to integrate the Commissions

Art. 8.-EACH COMMISSION SHALL CONSIST OF THREE PROPRIETARY MEMBERS WHO WILL LAST TWO YEARS, AND MAY BE RE-ELECTED; AND THERE SHALL BE THREE ALTERNATES WHO

REPLACE THOSE IN THE ABSENCE, EXCUSE OR IMPEDIMENT. THOSE MEMBERS MUST BELONG TO THE STAFF OF THE PUBLIC INSTITUTION IN WHICH THEY WORK, OF TECHNICAL CAPACITY FOR THE POSITION AND OF THE GOOD REPUTE AND THE NAME OF THE HOLDER OF THE

INSTITUTION SHALL BE A LAWYER, EXCEPT IN THOSE INSTITUTIONS IN THOSE WHO WOULD NOT HAVE ADVOCATED. (11)

The owner members shall be appointed, one, by the Minister or Head of the unit or institution concerned; the other by the Civil Service Tribunal; and the third, by election of the officials and employees protected by this law. work in the administration's respective dependency.

The alternates will be named and elected in the same way as the owners.

A regulation will determine how to make the choice.

THE SERVICE OF THE MEMBERS OF THE COMMISSIONS SHALL BE DEEMED TO BE INHERENT

AT THE CHARGE THEY PERFORM. (11)

ONCE THE MEMBERS OF THE COMMISSIONS ARE APPOINTED OR ELECTED, THEY MUST BE

SWORN IN BY THE HEAD OF UNIT WITHIN A MAXIMUM OF THREE WORKING DAYS. (11)

THE HEAD OF UNIT SHALL BE UNDER THE OBLIGATION TO PROVIDE ALL COLLABORATION TO THE MEMBERS OF THE COMMISSION SO THAT IT OPERATES EFFICIENTLY AND IN ACCORDANCE WITH THE LAW.

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IF IT IS NECESSARY FOR THE MEMBERS OF THE COMMISSION TO COMPLY WITH THEIR OBLIGATIONS WITHIN THIS THEY PROVIDE EXTRAORDINARY SERVICES IN NON-WORKING HOURS,

THE INSTITUTION OR MUNICIPALITY MUST CANCEL THE REMUNERATION CORRESPONDING TO THOSE OVERTIME HOURS; THE CALCULATION OF CONFORMITY MUST BE CARRIED OUT IN THE GENERAL BUDGET PROVISIONS OR THE MUNICIPAL BUDGET

CORRESPONDING. (11)

Civil Service Tribunal

Art. 9. THE CIVIL SERVICE TRIBUNAL SHALL BE COMPOSED OF THREE PROPRIETARY MEMBERS; AND THERE SHALL BE THREE ALTERNATES TO REPLACE THOSE IN THE CASES

OF ABSENCE, EXCUSE OR IMPEDIMENT.

THE OWNERS WILL BE APPOINTED, ONE, BY THE LEGISLATIVE ASSEMBLY,

ANOTHER BY THE EXECUTIVE BRANCH IN COUNCIL OF MINISTERS, AND THE THIRD BY THE SUPREME COURT OF JUSTICE, BEING PRESIDENT NATO OF THE COURT, THE APPOINTED BY THE LEGISLATIVE ASSEMBLY. ALTERNATE MEMBERS WILL BE NAMED IN THE SAME WAY AS THE

OWNERS.

TO BE A MEMBER OF THE COURT IS REQUIRED: TO BE A LAWYER OF THE REPUBLIC, SALVADORAN BY BIRTH, OVER THIRTY YEARS, TO HAVE HELD POSITIONS IN THE

PUBLIC OR MUNICIPAL ADMINISTRATION FOR A PERIOD OF NOT LESS THAN FIVE YEARS AND TO BE OF GOOD REPUTE AND COMPETITION.

THE SEAT OF THE COURT WILL BE THE CITY OF SAN SALVADOR. (7)

Length of Court Members ' Functions

Art. 10. MEMBERS OF THE CIVIL SERVICE TRIBUNAL SHALL PERFORM THEIR DUTIES FOR A PERIOD OF THREE YEARS, COUNTED FROM THE DATE OF THEIR RESPECTIVE

APPOINTMENTS AND MAY BE RE-ELECTED. (7)

Nor shall they be removed, if not for fair cause and by resolution of the Supreme Court

of Justice, which will proceed summarily, on its own initiative or on behalf of the interested party.

Requirements to be Members of the Court o Commission

Art. 11. TO BE A MEMBER OF A CIVIL SERVICE COMMISSION IT IS REQUIRED:

a) BE SALVADORAN BY BIRTH;

b) BE OLDER;

c) HAVE TECHNICAL CAPACITY FOR OFFICE;

d) BE OF HONOR AND COMPETENCE OF NOTICE. (7)

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Commissions privileges and powers

Art. 12.-Corresponds to the Civil Service Commissions:

a) Forming the steps of officials and employees dependent on the body or institution in which they operate;

b) Select candidates who are eligible to enter the

c) Report to the Civil Service Tribunal, semi-annually, in which the necessary specifications are set out in respect of each of the employees, namely: time of service, merits, periodic rating of the employee taken by their bosses, faults,

suspensions, conduct and other data which the Court deems necessary;

d) Carry out and qualify the evidence of suitability referred to in Art. 20;

e) Disconsider the requirement of the contest in the case of Art. 35;

f) Instances of admonition of officials or employees

in the exercise of office or employment;

g) Knowing at first instance in other cases of established sanctions; and

h) Other attributions than this law

In case of a claim against one of the members of the Civil Service Commission, owner or alternate, you will know in the first instance the Commission that the Tribunal will indicate.

Court attributions

Art. 13.-They are the privileges of the Civil Service Tribunal:

a) To know, in review and for the nullity of the final resolutions pronounced by the Commissions of Civil Service;

b) To know of the complaints that are presented against the other resolutions of the Civil Service Commissions or the heads of dependency, when injustice is claimed

manifests caused by them to the complainants;

c) Reenable the dismissed officials or employees;

d) Evacuate the queries that are made to you about the application of this law;

e) Elaborate the general rule project that contains all the provisions

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necessary for the best application of this law, in order to submit it to consideration of the Executive Branch in the Ramo of the Interior;

f) Address the competences that are raised among the Civil Service Commissions;

g) Carry a record in which all the data provided by the Commissions, according to the literal c) of the previous article; and

h) TRAIN MEMBERS RESPECTIVE COMMISSIONS, AS WELL AS THE PUBLIC SERVANTS OF THE PUBLIC INSTITUTIONS THAT REQUEST IT; (11)

I) THE OTHER PRIVILEGES THAT THIS LAW GIVES TO IT. (11)

Sessions and Diets

Art. 14.-THE CIVIL SERVICE TRIBUNAL SHALL MEET EACH TIME IT HAS ISSUES TO KNOW AND BE CONVENED BY THE SECRETARY, AND ITS MEMBERS SHALL BEAR THE

ALLOWANCES TO BE DETERMINED BY THE LAW OF WAGES. (1)

SECRETARIAT AND JUNIOR STAFF

Art. 15. THE ORDINARY WORK OF THE TRIBUNAL SHALL BE THE RESPONSIBILITY OF A SECRETARY APPOINTED BY HIM, WHO SHALL BE RESPONSIBLE FOR MAKING THE CALLS WHENEVER NECESSARY.

THE SECRETARY ' S OFFICE IS INCOMPATIBLE WITH ANY OTHER OFFICE OR EMPLOYMENT OF THE PUBLIC OR MUNICIPAL ADMINISTRATION.

THERE WILL ALSO BE THE SUBORDINATE STAFF THAT IS NECESSARY AND WHO WILL APPOINT THE COURT ITSELF.

SUBALTERN PERSONNEL SHALL BE SUBJECT TO THIS LAW IN WHATEVER APPLICABLE TO IT; AND OF THEIR CLAIMS, SHALL BE KNOWN AT FIRST INSTANCE, THE SERVICE COMMISSION

CIVIL OF THE SUPREME COURT OF JUSTICE, AND IN THE SECOND INSTANCE THE MEMBERS ALTERNATE MEMBERS OF THE CIVIL SERVICE TRIBUNAL. (9)

Impediments and Excuses

Art. 16. Members of the Commissions and of the Civil Service Tribunal may be challenged,

and shall be excused or declared to be prevented from knowing by the causes referred to in Art. 1182 of the Code of Civil Procedures, which be qualified by the members of the respective commission or the court to be able to do so.

Obligation to give reports

Art. 17.-The heads of the public, municipal and agency offices referred to in this

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law, are required to allow access to such dependencies to members of the Civil Service and Civil Service Committees or their delegates, as well as providing them with the reports that

ask them, in the matters they know about.

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CHAPTER III ENTRY TO THE CIVIL SERVICE

Entry Requirements

Art. 18.-To enter the civil service and to belong to the administrative career is required:

a) Be Salvadoran, Central American or foreign national who meets the requirements

established by the Constitution and laws secondary;

b) Being over eighteen years of age, or having obtained title to enable it to

perform the job or job;

c) Submit to the proof of suitability, examinations or contests that this law and the

regulations respective establish;

d) Be physically trained for the performance of the charge;

e) Accredit good conduct, especially with crowded out of offices where he has previously worked, or by educational institutions if they are from aspirants who have not played any job;

f) Be chosen for the position or employment among those eligible in the form set out in Art. 23;

g) Pass a three-month trial period, counted from the date on which the charge or employment is taken; and

h) Fill in the other requirements that require Special Laws.

IN NO CASE WILL APPLICANTS BE REQUIRED, THE HIV TEST. (13)

They will not be able to enter the Administrative Race

Art. 19.-They shall not enter the administrative race:

(a) Those who have been convicted in execution of a criminal offence, during the time of the sentence, even if they are subject to probation;

b) Those who have been sentenced in execution for offences under Title VII, Book II of the Criminal Code, for as long as the sentence is stated and as long as rehabilitation is not granted by the Civil Service Tribunal;

c) against him, issued with a self-arrest warrant for a crime that does not allow for release or for a crime exjailable while it is not effective;

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d) Those who have been removed from office or employment in accordance with this law, As long as they are not rehabilitedby the Civil Service Tribunal;

e) Those suffering from infectious disease-contagious disease; and

f) Common ebrios.

CHAPTER IV

SELECTION OF STAFF

Selecting New Staff

Art. 20.-The selection of personnel entering the administrative career shall be made by means of proof of suitability, to which only applicants who meet the requirements

established in Art. 18 shall be permitted. Except for charges expressly determined by law.

Appeal to aspirants

Art. 21.-When a vacancy occurs that must not be filled by the system of promotion, the respective Civil Service Commission will make the aspirants to occupy it an appeal by means of a notice that will be published only once in one of the newspapers of major circulation in the Republic, with eight days of

anticipation, at least, to the date on which the inscription must be closed, and by means of telegram addressed to their respective addresses. The warning will contain the number of places available, the requirements for filling them, and the dates when the enrollment will be closed and the test will be verified.

Selection of candidates

Art. 22.-The Commission shall select the three best qualified candidates and propose them to the authority, body or institution to appoint the new official or employee.

If the Commission considers that it is not None of the candidates who would have filed, will declare it so and will submit the contest again.

The Employee will be chosen within the payroll

Art. 23.-The authority, body or institution to be appointed by the new official or employee shall choose from among those covered by the proposal by the Commission, unless it has reasonable grounds for objecting to the selection, in which case the will thus manifest to the Commission

expressing the reasons that it has for it and requesting a new term.

If the Commission considers that the above reasons will propose a new terna, chosen

among those that it is But if not, it will show the persons in charge of the appointment and decide the Civil Service Tribunal controversy.

Case of multiple places

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Art. 24.-If the vacant places of the same class are two or more and have been submitted to the same contest, the list of candidates proposed by the Commission shall contain or be

to the

of seats, plus two, and the appointments shall be

Technical Assassination

Art. 25.-When the preparation and qualification of the evidence of suitability requires knowledge

special in some science or art, the Civil Service Commissions, the authority, agencies or institution to be appointed to the official or employee and the Civil Service Tribunal, in their respective cases, will be able to ask the technical advice from other agencies of the State and they will be obliged to

to provide it free of charge. Only in the absence of technicians in the State agencies, individuals may be used.

The preparation and qualification of the tests will be subject to a special regulation that will indicate how to carry them out, classification, etc.

Regulation of the test period

Art. 26.-The probationary period referred to in Article 18 (g) is regulated as follows:

(a) If the official or employee does not provide satisfactory services, he/she may be removed without any formalities during this period, giving the respective Civil Service Commission containing the reasons for removal;

b) During this period the Commissions may ask the Head of the respective dependency, the removal of the employee or official, if prove that there was fraud in the process

of his appointment or obvious material error, such as the confusion of names. In the cases of this literal the official or employee will be heard previously by your Chief for the term of three days.

Art. 27.-The trial period has passed satisfactorily, and if I continue in office or employment, the official or employee will be fully entitled to the protection afforded to him by this law.

Cases where the proof of suitability is not necessary

Art. 28.-Charges or jobs may be conferred only without the need for proof of suitability in the following cases:

a) Cuado be persons who, having belonged to the administrative career in accordance with this law, have withdrawn voluntarily or by removal from the place, provided that previously they have successfully performed the same charge

or employment or similar for a period not less than two years and their withdrawal does not exceed the same period;

b) In the case of filling seats for a duration not exceeding six months;

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c) When not to hinder administration, there is a need to appoint an official

or an interim employee for a period of no more than two months.

CHAPTER V Rights, Duties and Bans.

Officials and Employees ' Rights

Art. 29.-Officials and employees who are included in the administrative and protected career

shall be entitled to the following rights:

a) To remain in office or employment. Consequently, they cannot be dismissed,

dismissed, suspended, permuted, moved or downgraded but in cases and with the requirements laid down by this law;

b) Rise;

c) From accrual to salary, viatics and emoluments that have been assigned the job or job for which they have been appointed; and only discounts authorized by

the law;

d) of suuets, vacations and licenses that point to the respective laws may be made;

e) Of overuths or downsides in the month of December of each year, in the form and with the limitations that determine the respective decree;

f) To examine the registration books that the Commissions or Civil Service Tribunal carry, to learn of the qualifications of their services to do their superiors and to make in

their case, the claims relevant;

g) Retirement, pension, retirement or montepio under the special laws on this

subject; and

h) Funerals on behalf of the State or the Municipality, in the amount determined by the

regulation.

I) THE PARTICIPATION IN THE REGULATION OF THEIR CONDITIONS OF EMPLOYMENT BY

VIA THE COLLECTIVE BARGAINING THROUGH THE UNION ASSOCIATIONS OF WORKERS WITH LEGAL PERSONALITY, ACCORDING TO WHAT IS ESTABLISHED IN THIS LAW; (11)

J) FREE SYNDICATION, IN THE FORM AND MECHANISMS ESTABLISHED IN THE CONSTITUTION OF THE REPUBLIC, INTERNATIONAL CONVENTIONS AND THIS LAW; AND, (11)

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k) OTHER RIGHTS THAT ESTABLISH COLLECTIVE LABOUR LAWS AND CONTRACTS. (11)

L) ENJOY AN ECONOMIC BENEFIT BY VOLUNTARY RENUNCIATION OF EMPLOYMENT. (14)

DELETION OF PLACES

Art. 30.-IF THE OFFICIAL OR EMPLOYEE CEASES TO BE IN OFFICE FOR THE REMOVAL OF THE PLACE, HE SHALL BE ENTITLED TO RECEIVE COMPENSATION EQUIVALENT TO THE MONTHLY SALARY

CORRESPONDING TO THAT PLACE FOR EACH YEAR OR FRACTION EXCEEDING SIX MONTHS OF SERVICES PROVIDED, IN THE FOLLOWING PROPORTION:

(a) IF THE MONTHLY SALARY IS UP TO FOUR MINIMUM WAGES, THE ALLOWANCE SHALL BE UP TO A MAXIMUM OF 12 MONTHLY SALARIES;

(b) IF THE MONTHLY SALARY IS HIGHER THAN FOUR MINIMUM WAGES, UP TO A MAXIMUM OF EIGHT MINIMUM WAGES, THE COMPENSATION WILL BE TWELVE MONTHS, UP TO ONE MAXIMUM OF SIXTY THOUSAND COLONES;

(c) IF THE MONTHLY SALARY IS HIGHER THAN THE EIGHT MINIMUM WAGES, THE ALLOWANCE MAY NOT EXCEED THE EQUIVALENT OF SIX MONTHLY SALARIES.

THE INDEMNITIES REFERRED TO IN THE PRECEDING LITERALS SHALL BE PAID FOR CONSECUTIVE EQUAL MONTHLY PAYMENTS ON THE BASIS OF THE ABOLITION OF EMPLOYMENT OR OFFICE.

THE PAYMENT OF THE COMPENSATION SHALL BE SUSPENDED FROM THE MOMENT THAT THE BENEFICIARY WILL ENTER INTO ANY OTHER POST IN THE PUBLIC OR MUNICIPAL ADMINISTRATION.

IN CASE OF NEW DELETION OF THE PLACE, THE AMOUNT OF THE SERVICE TIME COMPENSATION IN THE NEW JOB OR EMPLOYMENT, AND AS APPROPRIATE THE INTERESTED PARTY WILL BE ADDED TO THE

AMOUNT OF THE MONTHLY ALLOWANCES CORRESPONDING TO THE PREVIOUS DELETION AND THEY CEASED TO BE PAID IN ACCORDANCE WITH THE PREVIOUS SUBPARAGRAPH. IF IN THE NEW JOB OR EMPLOYMENT WHOSE PLACE HAS BEEN DELETED, IT WILL NOT BE ENTITLED TO ANY COMPENSATION FOR NOT HAVING

SERVED THE TIME STIPULATED BY THE LAW, WILL HAVE THE RIGHT TO ENJOY THE COMPENSATION PAYMENTS THAT THEY HAVE LEFT TO BE PAID FOR HAVING ENTERED THE NEW POSITION.

THE CHANGE OF DENOMINATION OF THE JOB OR JOB DOES NOT IMPLY THE DELETION OF THE SAME, AND THE OFFICIAL OR EMPLOYEE WHO WILL PERFORM IT SHALL BE ENTITLED TO OCCUPY THE NEW

DENOMINATION CORRESPONDING TO ITS FUNCTIONS, UNLESS IT ALSO REQUIRES THOSE WHO ARE TO OCCUPY THEM, JUSTIFIED, DISTINCT AND APPROVED REQUIREMENTS BY THE MINISTRY OF FINANCE, ACCORDING TO THE FACULTY ESTABLISHED IN CHAPTER IX OF THIS LAW.

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THE SAME BENEFITS WILL HAVE THAT OFFICIAL OR EMPLOYEE WHOSE MODE OF LENDING THEIR SERVICES TO THE STATE HAS BEEN THROUGH PERMANENT RECRUITMENT. (10)

ECONOMIC BENEFIT BY RESIGNATION (14)

Art. 30-A.-THE PUBLIC SERVANTS SHALL ENJOY AN ECONOMIC BENEFIT DUE TO THE VOLUNTARY RENUNCIATION OF THEIR EMPLOYMENT.

VOLUNTARY WAIVER SHALL BE IN WRITING, DULY SIGNED BY THE PUBLIC SERVANTS, AND ACCOMPANIED BY A COPY OF THEIR UNIQUE IDENTITY DOCUMENT, AND IN SHEETS PROVIDED BY THE GENERAL DIRECTION OF INSPECTION

OF WORK OF THE MINISTRY OF LABOR AND SOCIAL SECURITY, OR ITS DEPARTMENTAL OFFICES, OR IN SHEETS PROVIDED BY THE JUDGES OF FIRST INSTANCE WITH JURISDICTION IN MATTERS OF EMPLOYMENT, IN WHICH THE DATE OF ISSUE SHALL BE STATED AND

PROVIDED THEY HAVE BEEN USED ON THE SAME DAY OR WITHIN TEN DAYS OF THAT DATE, OR IN AUTHENTICATED PRIVATE DOCUMENT.

RENUNCIATION WILL PRODUCE ITS EFFECTS WITHOUT THE NEED FOR THE INSTITUTION ' S ACCEPTANCE.

PUBLIC SERVANTS WHO VOLUNTARILY GIVE UP THEIR EMPLOYMENT MUST SUBMIT THEIR RESIGNATION NO LATER THAN THE LAST WORKING DAY OF AUGUST

EACH YEAR, INDICATING THE DATE ON WHICH IT WILL TAKE EFFECT, SO THAT THE STATE REQUEST IN YOUR DRAFT BUDGET, THE NECESSARY FUNDS TO COVER THESE BENEFITS.

THE RESIGNATIONS TO BE FILED AFTER THE MONTH OF AUGUST WILL FOLLOW THE PROCEDURE LAID DOWN IN THIS LAW, IN ORDER TO HAVE EFFECTS IN THE FOLLOWING FISCAL YEAR.

IF THE FUNDS TO COVER THE WAIVER BENEFITS ARE NOT APPROVED, EMPLOYEES WILL CONTINUE TO WORK AT THE INSTITUTION, IF THEY ARE STILL IN THE PERFORMANCE

OF THE JOB OR JOB.

IT IS OBLIGATION FOR ALL PUBLIC SECTOR OFFICE HOLDERS TO REQUEST

IN THE DRAFT BUDGET FOR THE NEXT FISCAL YEAR, THE BUDGET ITEMS TO COVER THE WAIVER BENEFITS, BASED ON THE NUMBER OF EMPLOYEES INTENDING TO RESIGN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

PUBLIC OFFICE HOLDERS SHALL NOTIFY THE FOREGOING, THE APPROVAL OR NON-APPROVAL OF THE BUDGET FUNDS TO COVER THE PROVISION BY RESIGNATION,

AT THE LATEST TEN WORKING DAYS AFTER THE APPROVAL OF THE GENERAL BUDGET. (14)

BENEFIT AMOUNT (14)

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Art.30-B.-LAS AND PUBLIC EMPLOYEES WHO GIVE UP THEIR EMPLOYMENT, WILL RECEIVE A BENEFIT ECONOMIC EQUIVALENT TO FIFTEEN DAYS OF BASIC SALARY FOR EACH YEAR OF

SERVICE AND PROPORTIONAL FOR FRACTIONS OF THE YEAR.

FOR THE EFFECTS OF THE CALCULATION OF THE ECONOMIC BENEFIT REFERRED TO IN THE

PRECEDING PARAGRAPH, NO SALARY MAY BE MORE THAN TWICE THE CURRENT MINIMUM LEGAL DAILY WAGE IN THE TRADE AND SERVICES SECTOR.

ONCE THE CORRESPONDING BUDGET ITEMS HAVE BEEN APPROVED, THIS BENEFIT MUST BE CANCELLED NO LATER THAN THE FOLLOWING 60 DAYS AFTER THE DATE ON WHICH THE WAIVER WAS EFFECTIVE. (14)

BENEFIT OF THE BENEFIT (14)

Art. 30-C.-PUBLIC EMPLOYEES SHALL ENJOY ONE TIME ONLY THE WAIVER BENEFIT. CONSEQUENTLY, IF YOU ENTER TO WORK WITH ANOTHER INSTITUTION OTHER THAN THE ONE IN WHICH YOU RESIGNED, OR IN THE SAME INSTITUTION, YOU WILL NOT ENJOY THE ESTABLISHED RIGHT

IN THIS LAW, BUT UNTIL AFTER FIVE YEARS, FROM THE INTERPOSITION OF YOUR WAIVER.

NEITHER WILL THEY ENJOY A NEW WAIVER BENEFIT, THOSE EMPLOYEES WHO

HAVE MODIFIED THEIR MODE OF ENGAGEMENT WITH THE SAME PUBLIC INSTITUTION, SUCH AS HAVING RESIGNED FROM PLAZA ESTABLISHED IN THE LAW OF WAGES, AND MOVING TO CONTRACT MODE, OR VICE VERSA. (14)

REFUSAL TO RECEIVE RESIGNATION (14)

Art. 30-D.-THE INSTITUTION SHALL BE OBLIGED TO RECEIVE THE WAIVER, AND MUST SUBMIT A RECORD OF THE DAY AND TIME OF THE PRESENTATION. IN CASE THE INSTITUTION REFUSES TO RECEIVE THE RESIGNATION OR TO SUBMIT THE MENTIONED CONSTANCY, THE RENUNCIATION WILL GO TO THE

RESPECTIVE SECTION OF THE MINISTRY OF LABOR AND SOCIAL FORECAST.

THE SECTION WILL QUOTE FROM DAY AND HOUR TO THE INSTITUTION ' S HOLDER

TO NOTIFY THEM OF THE DECISION OF THE EMPLOYEE TO RESIGN; OF THIS DILIGENCE, MINUTES SHALL BE LIFTED TO BE SIGNED BY THE PARTIES, AND IF THEY ARE NOT ABLE OR NOT TO BE SIGNED, THIS CIRCUMSTANCE SHALL BE STATED AND THE WAIVER SHALL BE FILED AFTER THE DATE OF THE

APPEARANCE OF THE WORKER. (14)

HIGHER REGULATIONS (14)

Art.30-E.-IN THOSE PUBLIC OFFICES WHERE, BY VIRTUE OF AN INTERNAL WORKING ORDER, A COLLECTIVE CONTRACT OF WORK OR OTHER LEGAL PROVISION,

COMPENSATION EXISTS ECONOMIC BY VOLUNTARY RENUNCIATION SUPERIOR TO THAT ESTABLISHED IN THIS LAW, WILL BE IN THE PROVISIONS OF THESE SOURCES OF LAW. (14)

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TAX EXEMPTION (14)

Art. 30-F.-THE ECONOMIC COMPENSATION TO BE PAID TO THE PUBLIC EMPLOYEES, AS A RESULT OF THE REGULATIONS ESTABLISHED IN THIS LAW, WILL BE EXEMPT FROM THE PAYMENT OF INCOME TAX. (14)

Officials and Employees ' Duties

Art. 31.-In addition to what the laws, decrees, special regulations, are, they are obligations of civil servants and public or municipal employees:

a) ATTEND WITH PUNCTUALITY TO THEIR WORK IN THE HEARINGS MENTIONED AND DEDICATE THEMSELVES TO THE DURING THE HOURS THAT CORRESPOND TO THE RESPECTIVE LAWS AND REGULATIONS; (7)

b) To pursue with zeal, diligence and probity the obligations inherent in their position or employment;

c) Save the necessary reservation and discretion in matters of have knowledge by reason of their position or employment, even after they have ceased their performance they;

d) Reject handouts, promises or rewards that are offered as retribution, even if it is soon to be released;

e) Respect with dignity to their hierarchical superiors, obey their orders in matters of work and observe seriousness in the performance of your charges;

f) Administer to the public in an esmerited form and keep the due consideration in the relationships you have with him by reason of his or her job;

g) Getting with due correction in relationships with coworkers and their deputies;

h) Excuse or declare Orders to act in the cases determined by law; and

i) Meet your obligations impartially and disinterested.

j) FULFILL THE OTHER OBLIGATIONS SET FORTH IN THIS LAW AND THE COLLECTIVE LABOR CONTRACTS. (11)

Bans

Art. 32.-Public or municipal officials and employees are strictly prohibited:

(a) Impose sanctions on the deputies in order to take against them some retaliatory political order, or which constitute violation of any right that the laws

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grant;

b) Request from other officials and employees, statements, accessions or pronouncements of any nature and especially those directly or indirectly related to the militant policy;

c) Collect or directly or indirectly request contributions from government agencies or subscriptions to other public or municipal servers, intended for the

support of political campaigns or parties, or for the agajos of hierarchical superiors;

d) Ostend in the offices where they work distinctive or emblems that accredit them as members of a political party;

e) private employment which is incompatible with public or municipal employment or employment, either by matching working hours or by any other circumstance where there is no incompatibility between the two charges, the person concerned shall ask

the

authorization to the respective Civil Service Commission before accepting the charge;

f) Sponsor matters and conduct administrative representations concerning third parties dealing with offices where they work.

g) LIMITING THE RIGHTS OF NON-AFFILIATES, EVEN TRADE UNION OR PROFESSIONAL ASSOCIATION; (11)

H) USE VIOLENCE PHYSICAL OR PSYCHOLOGICAL OR COERCING FOR NON-AFFILIATES TO ENTER THE UNION, AFFILIATES NOT TO WITHDRAW FROM THE UNION

OR EACH OTHER TO PREVENT THEM FROM EXERCISING THEIR WORK; (11)

I) TO ENCOURAGE OR CONSENT TO ACTS DELICALS; (11)

j) MAKE BY DIRECT OR INDIRECT MEANS, DISCRIMINATIONS BETWEEN THE SERVERS PUBLIC BY THEIR STATUS AS UNIONIZED OR TAKE

RETALIATION AGAINST THEM FOR THE SAME REASON; (11)

k) THE OTHER CONDUCT PROVIDED FOR IN THIS LAW AND THE COLLECTIVE CONTRACTS OF

WORK AND APPLICABLE REGULATIONS; (11)

L) EXECUTE ACTS THAT ARE INTENDED TO PREVENT A

UNION FROM BEING CONSTITUTED OR TO BE ON THE WAY TO DISSOLVING OR SUBJECTING IT TO MANAGEMENT CONTROL; (11)

m) RETALIATING AGAINST PUBLIC SERVANTS FOR THEIR PURPOSES. STATUS OF UNIONIZED; AND (11)

n) REQUIRE EMPLOYEES TO PERFORM HIV TEST. (13)

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OR) REFUSE TO RECEIVE THE WAIVER OF THE AND THE PUBLIC SERVANTS. (14)

They will also have the incompatibilities that they point to the laws, decrees, and regulations.

CHAPTER VI PROMOTIONS, SWAPS AND TRANSFERS

Charges will be filled by promotion

Art. 33.-Charges or jobs included in the administrative career will be filled by promotion

or promotion in accordance with this law, without prejudice to the provisions of Art. 21.

Who may be promoted

Art. 34.-Only officials or employees who have held a position in the lower immediate class during the

two-year term at least may be promoted or promoted to a vacant seat.

If in the class If there is no more than one candidate and is fit to perform the charge, the promotion will be done without any requirement.

If you have several candidates, promotions or promotions will be made by contest among the eligible candidates. to register and to provide services in the office, body or institution in which the vacant

occurs; However, if special conditions are needed to carry out the duties, the Commission may provide that persons belonging to or not in the administrative career are admitted to competition; and on equal terms, the Contestants who provide their services in the dependency

where the vacancy exists.

Contest Dispensa

Art. 35.-At the request of the authority, body or institution to appoint or propose the appointment, the respective commission may dispense with the requirement of the contest, and replace it with a simple

efficiency test and still dispense it, if of the examination of the Register of employees which must be carried out in accordance with point (g) of Art. 13 it is possible to determine the candidate who is worthy of the promotion in view of his competence, behaviour and seniority. In case of controversy, it will be

to be resolved by the Civil Service Tribunal.

Permutas

Art. 36.-Officials and employees who carry out positions of the same class may be permuted without any formalities, if appropriate for the administration and the consent of the

interested parties.

Rules for Moves

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Art. 37.-Officials or employees may be transferred to another position of the same class, even without their consent when it is appropriate for the public or municipal administration and provided that

the transfer is in the same locality.

transfer to a similar charge, to be performed in another locality, may be agreed with

consent of the person concerned, and, failing that, only with the authorization of the respective Commission of Civil Service, which will hear previously, taking in The need for the service.

Class Descent

Art. 38.-Only an official or employee may be transferred to a lower class position

when carelessness or bad behavior is established in accordance with the periodic conceptuations that appear in the corresponding record book and by resolution of the respective Civil Service Commission.

The Commission's resolution will be admissible for the review appeal to the Civil Service Tribunal.

Undue Promotions

Art. 39.-Promotions that are made in violation of the provisions of this chapter do not

will have any value, and the officials or employees unduly promoted will not be able to continue in office after the fraud has been proven back to work on your previous charge.

Warning obligations

Art. 40.-Heads of offices, agencies or institutions shall give notice to the respective Commission

of Civil Service whenever there is a need to fill a vacant seat.

CHAPTER VII

DISCIPLINARY REGIME Sanctions

Art. 41.-Without prejudice to the penalties to which they are creditors in accordance with the laws, officials and employees who do not comply with their obligations shall be subject to the following disciplinary sanctions:

a) Oral assembly private;

b) Written assembly;

c) Multa, which may not exceed ten percent of the accrued monthly salary, except

in cases expressly determined by law;

d) Unpaid suspension of pay, which is not may be a month, except in the case of Art. 48;

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e) Postergation for up to two years in the right to climb;

f) Category Rebar within the same charge; and

g) Dismissal or removal from office or employment.

Who can impose sanctions

Art. 42. WARNINGS MAY BE IMPOSED BY THE COMMISSION OF CIVIL SERVICE OR BY THE HEADS OF THE SERVICE WITH THE SOLE VERIFICATION OF THE FACT THAT IT MOTIVATES THEM.

THE FINE, SUSPENSION WITHOUT PAY, THE POSTPONEMENT OF THE RIGHT TO RISE, THE DOWNGRADE AND THE DISMISSAL OR DISMISSAL CAN ONLY BE IMPOSED BY THE

COMMISSION OF CIVIL SERVICE OF THE DEPENDENCY TO WHICH THE OFFICIAL OR EMPLOYEE, WHO SHALL PROCEED IN THE MANNER SET OUT IN THIS LAW. REVIEW PROCEEDINGS SHALL BE ADMISSIBLE IN RESPECT OF THE CIVIL SERVICE TRIBUNAL.

NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPH, THE HEADS OF SERVICE MAY IMPOSE WITHOUT ANY FORMALITIES AND IN JUSTIFIED CASES, UNPAID SUSPENSIONS FOR UP TO FIVE DAYS IN EACH CALENDAR MONTH AND IN NO CASE MORE THAN FIFTEEN DAYS IN THE SAME

CALENDAR YEAR. THE WARNINGS AND THIS CLASS OF SUSPENSIONS SHALL NOT ALLOW ANY RECOURSE. *XX_ENCODE_CASE_CAPS_LOCK_ON constitutional room note

SUSPENSIONS IMPOSED BY THE SERVICE CHIEF WILL NOT COUNT FOR THE PURPOSES OF THE LITERAL "B" OF THE ART. 53. (7)

Admonition Cases

Art. 43. Officials and employees who

shall be subject to minor misconduct as determined by the regulation and who do not imply non-compliance with the duties expressed in Art. 31 shall be punished with private oral admonition. 31.

If the One month of the first penalty the infringer deserves another of the one indicated in the preceding paragraph, the admonition will be written.

Case of fine

Art. 44. -WHEN THE LACK OF REGULATIONS IS SERIOUS IN VIEW OF THE ONE THAT MUST

SANCTIONING IT WILL BE IMPOSED ON THE INFRINGER THE PENALTY OF FINE. THIS SANCTION SHALL ALWAYS BE IMPOSED ON THOSE WHO DO NOT ATTEND OR DO NOT ATTEND THEIR WORK WITH PUNCTUALITY WITHOUT JUSTIFICATION, IN WHICH CASE THE AMOUNT OF THE FINE SHALL BE REGULATED IN ACCORDANCE WITH THE

LAW, PROVIDED THAT OTHER LAWS DO NOT SANCTION THE SAME FALSE.

FINES SHALL BE DEDUCTED FROM THE SALARY PAYABLE BY THE PERSON RESPONSIBLE. (7)

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Case of Suspension

Art. 45. OFFICIALS OR EMPLOYEES WHO DO NOT COMPLY WITH THE DUTIES REFERRED TO IN ARTICLE 31 SHALL BE PUNISHED WITH UNPAID SUSPENSION WHEN THE ABSENCE

DOES NOT REQUIRE THEIR DISMISSAL OR DISMISSAL, EXCEPT THOSE INCLUDED IN THE LITERAL (A) OF THE CITED ARTICLE WHICH SHALL BE GOVERNED BY THE PROVISIONS OF THE PRECEDING ARTICLE.

THE COMMISSION SHALL RECEIVE THE COMPLAINT WITH A SUMMONS FROM THE CONTRARY, ON ITS OWN OR THROUGH DULY AUTHORIZED DELEGATES, WITHIN THE FOUR-DAY TERM THAT IS NOT EXTENDED, COUNTED FROM THE DAY FOLLOWING THAT OF THE

THE RESPECTIVE NOTIFICATION, WHICH WILL BE EXPIRED, WHICH WILL DICTATE THE STATEMENT.

THIS SAME PROCEDURE WILL APPLY TO THE FINES. (7)

Resource

Art. 46. IN CASES WHERE THE PENALTIES FOR FINES OR SUSPENSION ARE IMPOSED, THE COURT OF CIVIL SERVICE MAY BE CALLED UPON TO TAKE ACTION WITHIN THREE WORKING DAYS FROM THE DATE OF THE NOTIFICATION WHICH IT IS REQUIRED

.

BE GIVEN THE CORRESPONDING RESOLUTION. (7)

Court Resolution

Art. 47. THE COURT WILL RESOLVE THE APPEAL WITH ONLY THE VIEW OF THE CARS, WITHIN THREE DAYS OF RECEIPT AND IF IT CONSIDERS THE SUSPENSION OR THE FINE TO BE IMPOSED

WILL DECLARE; ORDER ITS INTERRUPTION IF THE FIRST; IF THE FINE HAS BEEN MADE EFFECTIVE, THE REFUND SHALL BE ORDERED.

IF THE COURT CONSIDERS THE SUSPENSION TO BE APPROPRIATE OR THE FINE WILL BE LIMITED TO CONFIRMING IT. (7)

Suspend special case

Art. 48.-The suspension without pay shall also proceed when, by competent authority,

is decreed against the official or self-employed person, for a crime that does not allow for release or for a crime that cannot be released while she does not know effective. The suspension shall last for as long as the detention order is maintained without the release of the release, except in the case of

crimes referred to in Title VII, Book II of the Criminal Code or committed against. The suspension will continue even if it is released to the index.

If the suspension lasts for more than three months it will result in dismissal, and if after this term you will be self-deprecating or absolute judgment. firm, the official or employee shall have the right to be taken into account to fill any vacant position; is of equal class to which

performed everything in the judgment of the Commission.

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In the cases of this article, the respective Judge's report will suffice to agree on the suspension.

Postergation on promotion and category downgrade

Art. 49.-The postponement of the right to promotion and the reduction of category shall apply to the officials or employees who have been suspended twice in the course of a year. The delay or downgrade will not exceed two years and its duration will be determined by taking into account the

severity of the faults that led to the suspensions.

To apply these penalties will be sufficient annotations that appear in the book

record of officials and employees, taken by the Tribunal.

It will be enough the moral robustness of the test

Art. 50.-The disciplinary sanctions referred to in this chapter may be applied with only moral robustness of proof, and it will be sufficient to take resolution of any evidentiary means in which the moral robustness is

that the infringement has been committed and the person to whom the commission is charged is responsible for it.

Effects

Art. 51.-The imposition of disciplinary sanctions will have no more consequences than the particular ones, and therefore does not imply loss of the rights granted by this

law to officials and employees.

VIII

DISMISSAL AND REMOVAL

May only be made in the cases determined by law

Art. 52.-Officials and public or municipal employees who belong to the administrative career may be dismissed or dismissed from their positions or jobs by the causals

established in this law and through the procedures that This Chapter is indicated.

Layoff Causals

Art. 53.-The following are grounds for dismissal:

(a) REPEATED OR SERIOUS FAILURE OF THE DUTIES REFERRED TO IN ARTICLE 31 (B) OF THE ART. 31; (7)

b) To be secured to a third suspension within one year;

c) Private jobs, however, have been denied permission to

refer to Art. 32 (e);

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d) The obvious lack of suitability manifested in the performance of the job or job;

e) within the second paragraph of Art. 48;

f) Be convicted in sentence of execution of a custodial sentence for a crime not covered by point (f) of Art. 54, even if the conditional remission is granted;

g) Prevalse de your charges for making election policy during election processes;

h) Dictate provisions limiting the right that the official or

employee has to join political parties authorized by law;

i) Declare on strike or leave employment or office.

Causals of removal

Art. 54.-They are grounds for dismissal:

a) Seriously false to the duties referred to in points (c) to (i) of Art. 31;

b) Infringement of the prohibitions contained in Art. 32, except that contained in point (e);

c) Run serious acts of immorality in the office where you are working or outside when

will be in the exercise of your duties;

d) ingesting intoxicating drinks or using drugs in the workplace, or

showing up to the performance of your office or use in a drunken condition, or under the influence of such drugs;

e) Causing maliciously damage to buildings, machines and other equipment in the office, or to execute acts that directly endanger the staff of the office;

f) Be convicted of a crime committed in the exercise of his or her duties or which carries with him the penalty of dismissal; and

g) Abandonment of office or employment, which shall be presumed when the official or employee is absent for more than eight consecutive days without justified cause for the performance of his or her obligations.

Proceed Form

Art. 55. The following rules shall be observed for dismissal or dismissal:

a) The authority or chief of the official or employee shall communicate in writing to the respective Civil Service Commission its decision to dismiss or dismiss him, expressing the reasons

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legal to do so, the facts in which the case is founded and proposing the test of

these;

b) The Commission shall make the official or employee aware of the decision of the authority or chief and shall

give a period of three days, numbered from the date of the notification, so that if it wants to expend the reasons it has for oppose his dismissal or dismissal and propose the evidence of discharge in his favour;

(c) If the time limit referred to in the previous paragraph is expired, the official or employee shall not have submitted a position or express his or her conformity, shall be dismissed

or dismissed definitively; unless within a third day If the time limit is expired, check with the Commission that it has been prevented for just reason to oppose, in which case it will be granted a new three-day period;

d) If the official or employee objects within the terms expressed in the The commission will instruct the respective information with the intervention of the

requesting authority or chief or a delegate of his or her appointment and of the opposing official or employee. The commission shall receive the evidence which it has proposed and any other evidence it deems necessary to produce, within the term of a term of eight days, expired

which shall act by confirming or revoking the decision of dismissal or firing;

Resource

Art. 56.-The authority or chief and the official or employee concerned may have recourse to review of the judgment before the Civil Service Tribunal. The appeal to be admissible must be filed in writing

within three working days from the date of the respective notification, before the sentencing commission and in it shall be expressed in one and only the reasons that it is have to challenge the resolution. This term is fatal.

The appeal will be accepted by the Commission and will be forwarded to the Civil Service Tribunal on the same day and without any further processing or diligence.

Court judgment

Art. 57.-The Civil Service Tribunal will resolve the appeal with the sole view of the cars and within three days from the next of its receipt.

The judgment that dictates will be specified to confirm, modify or revoke the judgment of the first instance; but where it is in favour of the official or employee, it may also, if appropriate, order the server to be reintegrated into a position of equal status and class in a separate office, if the

circumstances motivated the decision of the authority or chief to remove it, they could give rise of part of these to retaliate against those.

Previous Suspension

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Art. 58.-WHEN THE OFFICIAL OR EMPLOYEE REMAINS IN A SERIOUS CONDITION

DANGER TO THE ADMINISTRATION OR BE SURPRISED INFRAGANTI COMMITTING ANY OF THE FAULTS LISTED IN ARTICLES 32, 53 AND 54, THE AUTHORITY OR CHIEF MAY AGREE, WITHOUT ANY PROCEDURE THE PRIOR SUSPENSION OF THE SERVER AND IN DOING SO WILL COMMUNICATE IT,

WITHIN 3 WORKING DAYS AFTER THE AGREEMENT HAS BEEN ISSUED, TO THE RESPECTIVE COMMISSION ON THE SAME NOTE THAT IT MANIFESTS ITS DECISION TO REMOVE IT OR TO DISMISS IT.

IN ANY CASE, THE SUSPENSION SHALL BE AGREED AT ANY TIME IF THE CHARGE AGAINST THE OFFICIAL OR EMPLOYEE CONSTITUTES A CRIME AND HIS ARREST IS DECREED.

THE SUSPENSION WILL LAST UNTIL THE FINAL DECISION IS GIVEN, AND IF IT IS FAVORABLE TO THE OFFICIAL OR EMPLOYEE THE SALARY CORRESPONDING TO THE

LAPSE OF THE SUSPENSION WILL BE PAID, EXCEPT IF IT HAS BEEN AGREED UPON SELF-ARREST.

IN THE CASE OF FAILURE TO COMMUNICATE THE HEAD OF UNIT, THE SUSPENSION, WITHIN THE PRESCRIBED PERIOD, SHALL BE UNAPPLIED AND THE EMPLOYEE SHALL CONTINUE IN HIS OR HER DUTIES. (7)

Form of statements

Art. 59.-The judgments of the Commissions and of the Civil Service Tribunal shall only express in a concise manner the case at issue, the extracted relationship of the evidence of the information, its

assessment and assessment and the judgment that

The commissions and the court will be able to resolve with only test moral robustness, as indicated

in Art. 50.

Case of Judicial Judgment

Art. 60.-The provisions of the foregoing articles shall not apply when the dismissal is based on an enforceable judgment in the case of point (f) of Art. 54, in which the removal shall be made with

the simple notice of the respective Judge, communicating to the corresponding Commission.

Nullity

Art. 61. THE DISMISSAL OF OFFICIALS OR EMPLOYEES WHO ARE CARRIED OUT WITHOUT CAUSE OR FOR CAUSE NOT ESTABLISHED IN THIS LAW, OR WITHOUT REGARD TO THE PROCEDURES

PREVENTED, SHALL BE VOID.

IN SUCH CASES THE EMPLOYEE OR OFFICIAL DISMISSED OR DISMISSED WITHIN

THREE MONTHS AFTER THE EVENT, MAY BE DIRECTED IN WRITING TO THE CIVIL SERVICE TRIBUNAL, GIVING NOTICE OF HIS DISMISSAL OR DISMISSAL.

THE COURT WILL GIVE A HEARING FOR FORTY-EIGHT HOURS TO THE OFFICIAL TO WHOM THE DISMISSAL OR DISMISSAL IS CHARGED; AND WITH THE ANSWER OF THIS OR WITHOUT IT, YOU WILL RECEIVE

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TEST THE PROCEEDINGS FOR FOUR DAYS, IF NECESSARY, DUE WHICH,

WILL RESOLVE WHAT IS IN LAW WITHIN THE THIRD DAY.

IF THE COURT OF THE CIVIL SERVICE DECLARES THE DISMISSAL OR DISMISSAL NULL AND VOID,

SHALL ORDER IN THE SAME RESOLUTION THAT THE OFFICIAL OR EMPLOYEE BE RETURNED TO HIS OFFICE OR EMPLOYMENT, OR BE PLACED IN ANOTHER OF THE SAME CATEGORY AND CLASS, IN DIFFERENT OFFICES, IF POSSIBLE, AND ALSO CANCEL THE WAGES YOU HAVE LEFT

PERCEIVE, PROVIDED THEY DO NOT EXCEED THREE MONTHS. (10)

THE AUTHORITY OR CHIEF OF THE DISMISSED OFFICER OR EMPLOYEE SHALL COMPLY WITH THE

JUDGMENT OF THE COURT OF CIVIL SERVICE WITHIN THREE DAYS FROM THE DATE OF NOTIFICATION.

IF THE MENTIONED AUTHORITY OR CHIEF DOES NOT COMPLY WITH THE JUDGMENT OF THE COURT OF CIVIL SERVICE, IN RESPECT OF THE REMOVAL OR PLACEMENT OF THE REMOVED EMPLOYEE, WITHIN THE TERM PREVENTED IN THE PREVIOUS PARAGRAPH, IT SHALL BE SUSPENDED IN A FINE OF 100 TO

FIVE HUNDRED COLONES, WHICH SHALL BE MADE EFFECTIVE BY THE HIGHER AUTHORITY IN GRADE, WITHOUT PREJUDICE TO THE CRIMINAL RESPONSIBILITIES CORRESPONDING TO ARTICLE 299 OF THE PENAL CODE.

THE FAILURE TO COMPLY WITH THE JUDGMENT OF THE COURT OF CIVIL SERVICE IN RESPECT OF THE PAYMENT OF THE WAGES LEFT TO BE PERCEIVED BY THE EMPLOYEE OR OFFICIAL, SHALL GIVE THIS EXECUTIVE ACTION AGAINST THE OFFENDER; IN THIS CASE, THE EXECUTIVE FORCE SHALL BE THE SAME.

EXECUTION OF THE STATEMENT IN WHICH THE PAYMENT IS CONDEMNED.

ANY DELAY OF THE CIVIL SERVICE TRIBUNAL IN DELIVERING THE RESOLUTION

CORRESPONDING TO THE TERM SET OUT IN THIS ARTICLE, WILL ENTITLE THE PERSON CONCERNED TO MAKE USE OF THE COMPLAINT FOR JUSTICE RETARDATION ART. 1111 OF THE CODE OF CIVIL PROCEDURES, AN APPEAL THAT MAY BE BROUGHT

TO THE PRESIDENT OF THE SUPREME COURT OF JUSTICE, WHO WILL PROCEED AS PROVIDED IN ARTICLE 1112 OF THE SAME CODE.

IF, AFTER RECEIPT OF THE LETTER AGREED BY THE COURT OF CIVIL SERVICE, THIS WILL DELAY THE RESOLUTION FOR MORE THAN TWO DAYS, IT WILL BE IN THE PENALTY SET IN ARTICLE 284 ORDINAL 2ND OF THE PENAL CODE.

THE JUDGES OF THE FIRST INSTANCE, OF PEACE AND THE MUNICIPAL MAYORS, ARE OBLIGED TO MAKE THE NOTIFICATIONS THAT THE COURT OF CIVIL SERVICE COMMITS THEM.

(6)

Effects

Art. 62. Justified dismissals and dismissals shall be construed as facts without responsibility for the State or the Municipality and shall cause the official or employee to lose the rights that this law grants to them,

except for those acquired from compliance with special laws on pensions, retirements, retirements or montepios.

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Rehabilitation

Art. 63.-The official or employee who is removed from his position may apply for rehabilitation

before the Civil Service Tribunal.

The Tribunal will proceed in summary form and to pass judgment shall take into account the conduct

observed by the ousted and the causals that motivated his removal.

The rehabilitation may not be granted until at least six months have elapsed

since the date of the dismissal, and never before the end of the term indicated in the respective statement, when they have been ordered judicially.

CHAPTER IX JOB CLASSIFICATION

Enloaded with making it

Art. 64.-In the Ministry of Finance there will be a section of job classification that will be prepared

and will carry a descriptive record of the posts belonging to the civil service. This register shall contain a summary description of each job, duties, duties and minimum requirements for the performance, which shall be made on the basis of research followed by the section and which shall be used for the preparation of the tests efficiency and determination of the salaries to be allocated.

Way to sort

Art. 65.-Jobs shall be classified in similar groups in terms of duties, responsibilities, and responsibilities, in such a way that the same descriptive title may be used to designate each job within the group; address the same capacity requirements,

efficiency, knowledge, experience, skill and education, which can be used as standard tests or aptitude tests to choose new employees and which can be assigned the same level of remuneration under similar working conditions. That classification will serve as a basis for promotions

and transfers. CHAPTER X

GENERAL PROVISIONS

Current Employee Rights

Art. 66.-Officials or public or municipal employees who are carrying out a position within the administrative career, upon entry into force of this law, shall be entitled to the right to be protected by it, even if they do not meet the requirements of this law. conditions outlined in Art. 18 and will have the

same rights as those selected and named in accordance with it.

Case of doubt

Art. 67.-In case of doubt as to whether an official or employee is in the running

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administrative, body or official responsible for appointment to the Court

Civil Service

which will decide within the third day of the receipt of the query.

Invalidity of improper appointment

Art. 68.-Any appointment made in contravention of this law shall be void; but the acts of the official or employee appointed unduly, who have performed their duties,

shall be valid if they are in accordance with the law and the

Court of Civil Service shall in summary form the cases expressed in the paragraph

above, and shall order the immediate removal of the employee or official unduly appointed, sanctioning the guilty when they are committed malice.

Prohibition to other offices

Art. 69.-No office or dependency, outside of those authorized by this law, may process

applications for positions or jobs included in the administrative career or recommend its award.

Tax or fee exemption

Art. 70.-Exempt from the tax of the sealed paper, stamps and other taxes or tax or municipal taxes the requests, actions and information that are followed in accordance with this law; but the applicants for the entrance to the administrative race pay the exam rights that

determines the respective regulations, which will enter the general state fund.

Cases not provided by law

Art. 71.-In the cases not provided for in that law, in its rules of law or in special laws on the matter, it shall be, in whatever applicable, as to the determination of other laws in relation to the principles

that inform the civil service, the doctrine and the reasons for fairness and good sense.

Forming of Diligence

Art. 72. -EACH PARTY MAY PRESENT UP TO FOUR WITNESSES FOR EACH OF THE ITEMS OR ITEMS TO BE RESOLVED, AND IN NO CASE SHALL THE

LARGEST NUMBER BE PERMITTED. (7)

OF THE PRESCRIPTION

Art. 72 BIS.-ALL THE ACTIONS ARISING FROM THIS LAW SHALL BE PRESCRIBED IN THREE MONTHS FROM THE DAY FOLLOWING THAT WHICH MOTIVATES THEM. (7)

CHAPTER XI COLLECTIVE RIGHT OF WORK (11)

SECTION I

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OF UNIONS

Art. 73.-PUBLIC SERVANTS HAVE THE RIGHT TO FREELY ASSOCIATE THEMSELVES IN ORDER TO DEFEND THEIR COMMON ECONOMIC AND SOCIAL INTERESTS, FORMING ASSOCIATIONS

PROFESSIONALS OR TRADE UNIONS, IN ACCORDANCE WITH THE POWERS AND LIMITATIONS GRANTED IN THE CONSTITUTION OF THE REPUBLIC, INTERNATIONAL CONVENTIONS AND THIS LAW.

SHALL NOT BE ENTITLED TO THE RIGHTS SET OUT IN THIS CHAPTER, THE PUBLIC SERVANTS REFERRED TO IN ARTICLE 219 (3) AND ARTICLE 236 OF THE CONSTITUTION OF THE REPUBLIC; THE HOLDERS OF THE PUBLIC MINISTRY AND THEIR RESPECTIVE DEPUTIES, NI

THOSE ACTING AS AUXILIARY AGENTS, WORK PROCURATORS AND DELEGATES, MEMBERS OF THE JUDICIAL CAREER, ARMED FORCES, CIVIL NATIONAL POLICE AND OTHER PUBLIC SERVANTS WHO ARE EXCLUDED FROM THE CAREER

ADMINISTRATIVE.

NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPH, THE PUBLIC SERVANTS

INCLUDED IN THE LITERAL M) OF ARTICLE 4 OF THIS LAW SHALL ENJOY THE RIGHTS SET FORTH IN THIS CHAPTER PROVIDED THAT SUCH PUBLIC SERVANTS DO NOT EXERCISE IN THEIR FUNCTIONS DECISION-MAKING OR HOLD MANAGERIAL POSITIONS OR BE EMPLOYED

WHOSE OBLIGATIONS ARE HIGHLY CONFIDENTIAL IN NATURE. (11)

Art. 74. THE UNIONS MAY NOT GRANT PRIVILEGES OR SPECIAL ADVANTAGES TO THEIR FOUNDERS AND DIRECTORS, EXCEPT FOR THOSE INHERENT IN THE PERFORMANCE OF A POSITION.

(11)

Art. 75.-THE MINISTRY OF LABOR AND SOCIAL SECURITY SHALL BE RESPONSIBLE FOR EXERCISING

SURVEILLANCE OF TRADE UNION ORGANIZATIONS, WITH THE SOLE PURPOSE OF MAKING THEM CONFORM TO THE LAW, AVOIDING ANY ACT THAT THREATENS, PREVENTS, OR STORES TO LIMIT THE RIGHTS GRANTED IN THE CONSTITUTION OF THE REPUBLIC, CONVENTIONS

INTERNATIONAL AND THIS LAW AND WHICH ARE ENSHRINED IN FAVOR OF THE TRADE UNIONS.

IN EXERCISING ITS POWERS OF SURVEILLANCE, PUBLIC AUTHORITIES SHALL

REFRAIN FROM ANY INTERVENTION WHICH MAY LIMIT THE RIGHTS AND GUARANTEES EXPRESSED.

PROHIBIT ACTIONS OR OMISSIONS THAT TEND TO AVOID, LIMIT, RESTRICT OR IMPEDE THE FREE EXERCISE OF THE COLLECTIVE RIGHTS OF WORKERS AND THEIR TRADE UNIONS; ANY ACT THAT ORIGINATES FROM THEM IS ABSOLUTELY NULL AND INEFFECTIVE.

AND WILL SANCTION IN THE FORM AND UNDER THE CONDITIONS THAT I POINT OUT THIS LAW. (11)

Art. 76. FOR THE PURPOSES OF THIS LAW, UNION IS ANY PERMANENT ASSOCIATION,

CONSTITUTED WITH AT LEAST THIRTY AND FIVE PUBLIC SERVANTS WHO WORK IN THE SAME INSTITUTION OF THE PUBLIC ADMINISTRATION, FOR THE STUDY, IMPROVEMENT AND PROTECTION OF THEIR RESPECTIVE COMMON ECONOMIC AND SOCIAL INTERESTS. (3) (11)

Art. 77.-THEY ARE MAJOR TRADE UNION ACTIVITIES:

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a) CONCLUDING COLLECTIVE CONTRACTS;

b) ENSURING STRICT COMPLIANCE WITH THE LAWS, CONTRACTS TO BE CONCLUDED AND INTERNAL WORKING REGULATIONS, AS WELL AS REPORT

THE INFRINGEMENTS OR IRREGULARITIES THAT IN ITS APPLICATION ARE PRESENT;

c) REPRESENTING ITS MEMBERS, IN THE EXERCISE OF THE RIGHTS THAT EMANEN

OF THIS LAW;

d) CREATE, MANAGE OR SUBSIDISE INSTITUTIONS, ESTABLISHMENTS OR

SOCIAL WORKS OF COMMON UTILITY FOR ITS MEMBERS, SUCH AS COOPERATIVES, SPORTS, CULTURAL, EDUCATIONAL, ASSISTANCE AND FORECASTING ENTITIES;

e) ACQUIRE THE GOODS THAT THEY REQUIRE FOR THE EXERCISE OF THEIR ACTIVITIES;

F) TO FOSTER GOOD RELATIONS BETWEEN THE PUBLIC ADMINISTRATION AND ITS MEMBERS, ON THE BASIS OF JUSTICE, MUTUAL RESPECT AND SUBJECTION TO THE LAW, AS WELL AS TO COLLABORATE IN THE IMPROVEMENT OF WORKING METHODS

AND IN THE EFFICIENCY OF PUBLIC ADMINISTRATION; AND

G) IN GENERAL, ALL THOSE THAT ARE NOT AT ODDS WITH THEIR ESSENTIAL PURPOSES OR WITH THE LAWS. (11)

Art. 78. IN ORDER TO FORMALIZE THE FORMATION OF A UNION, IT IS NECESSARY TO LIFT A RECORD, WHICH MUST CONTAIN, AT LEAST THE FOLLOWING REQUIREMENTS:

(a) THE DATE AND PLACE OF THE MEETING, THE NAMES AND NAMES OF ALL THE CONSTITUENTS, NATIONALITY, IDENTITY DOCUMENT, ADDRESS,

ACTIVITY THAT EXERCISE AND BIND THEM;

b) THE NAME, OBJECT, AND ADDRESS OF THE UNION, AS WELL AS THE ACTIVITIES TO

WHICH WORKERS ARE ENGAGED IN IN THE INSTITUTION THAT SE TRATE;

c) THE DESIGNATION OF AN INTERIM BOARD, WHICH MUST INCLUDE

AS A MINIMUM A PRESIDENT, A VICE-PRESIDENT AND A SECRETARY, AND A TREASURER MAY ALSO BE APPOINTED PROVISIONALLY.

THE FOUNDATION ACT MUST BE SIGNED BY THE FOUNDERS AND BY THE SIGNATORIES TO REQUEST IN CASE ONE OR MORE OF THOSE CANNOT DO SO, LEAVING THE IMPRINT OF THEIR RIGHT THUMB, STATING SUCH A CIRCUMSTANCE.

THE CERTIFICATION OF THE SAME EXTENDED BY THE SECRETARY OF THE PROVISIONAL BOARD OF DIRECTORS, MUST BE PRESENTED FOR THE EFFECTS OF RECOGNITION OF THE PERSONALITY

JURIDICAL. (11)

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Art. 79. INTERESTED IN CONSTITUTING A UNION, HAVE THE RIGHT TO WRITE

ITS STATUTES AND ADMINISTRATIVE REGULATIONS, TO FREELY CHOOSE THEIR REPRESENTATIVES, TO ORGANIZE THEIR ADMINISTRATION, THEIR ACTIVITIES AND TO FORMULATE THEIR OWN ACTION PROGRAM, HAVING TO EXPRESS THE FOLLOWING:

(a) THE NAME, OBJECT, AND ADDRESS OF THE UNION, AS WELL AS THE ACTIVITIES TO WHICH THE WORKERS ARE ENGAGED IN THE INSTITUTION CONCERNED;

b) CONDITIONS TO GATHER THEIR MEMBERS;

c) OBLIGATIONS AND RIGHTS OF ITS MEMBERS;

d) DISCIPLINARY SANCTIONS, REASONS AND PROCEDURES FOR THE APPLICATION OF

THE SAME, SHOULD BE RESPECTED IN ANY CASE THE RIGHT TO THE DEFENSE;

AND) PERIODS AND PROCEDURES FOR THE CELEBRATION OF THE ORDINARY ASSEMBLIES

AND EXTRAORDINARY, REGULATIONS OF THE SESSIONS, QUORUM, DEBATES AND VOTES. THE ORDINARY ASSEMBLIES SHALL BE HELD AT LEAST ONCE A YEAR, UPON CONVOCATION AT AN ADVANCE WHICH MAY NOT BE

LESS THAN 15 DAYS. THE EXTRAORDINARY SHALL BE HELD UNDER THE CONDITIONS LAID DOWN IN ITS STATUTES, WHICH SHALL PROVIDE FOR ITS COMPULSORY CONVOCATION EVERY TIME IT IS REQUESTED BY AT LEAST 25% OF THE MEMBERS;

(f) MODES OF CHOICE, COMPOSITION AND RENEWAL OF THE MANAGEMENT BODIES, DURATION OF THEIR TERM OF OFFICE, POWERS, POWERS,

OBLIGATIONS AND RESPONSIBILITIES, CAUSES AND PROCEDURES FOR THEIR REMOVAL; AND,

G) ANY OTHER ASPECT THAN THOSE CONCERNED JUDGE CONVENIENT. (11)

Art. 80. INTERESTED PARTIES MAY REQUEST THE PRESENCE OF A NOTARY, OR ONE

OR MORE DELEGATES FROM THE MINISTRY OF LABOR AND SOCIAL SECURITY, WHO WILL CERTIFY THE FOUNDATION ACT AT THE SAME TIME. (11)

Art. 81. IN ORDER TO FACILITATE THE FORMATION OF TRADE UNIONS, THE MINISTRY OF LABOUR AND SOCIAL SECURITY MAY APPROVE MODELS OF STATUTES WHICH WILL MAKE IT AVAILABLE TO TRADE UNIONS ON REQUEST, WITHOUT ANY OBLIGATION.

TO ACCEPT THEM FROM THEM. (11)

Art. 82.-FOR THE UNIONS ESTABLISHED IN ACCORDANCE WITH THIS LAW TO HAVE

LEGAL EXISTENCE, THEY MUST ASK THE MINISTER OF LABOR AND SOCIAL SECURITY FOR THEIR REGISTRATION, AND MUST ACCOMPANY THEIR PETITION:

(a) MINUTES OF THE ASSEMBLY OF FOUNDATION FROM THE UNION, AS PROVIDED IN THIS LAW; AND,

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b) TWO COPIES OF THE UNION STATUTES, WITH THE CERTIFICATION OF THE MINUTES OF THE SESSION THE SESSIONS IN WHICH THEY WERE APPROVED. (11)

Art. 83.-WITH THE PURPOSE OF THE REGISTRATION PROCESS BEING EXPEDITED, THE PUBLIC SERVANTS WILL BE ABLE TO ACCOMPANY THEIR APPLICATION WITH PROOF OF THE QUALITY OF EMPLOYEES OF THE UNION ' S FOUNDING MEMBERS; OTHERWISE, THE MINISTRY

OF WORK AND SOCIAL FORECAST SHALL VERIFY THIS QUALITY BY MEANS THAT IT DEEMS APPROPRIATE, WITHIN TEN WORKING DAYS AFTER THE FILING OF THE APPLICATION AND IF THE APPLICATION DOES NOT VERIFY IT WITHIN THE STIPULATED PERIOD, IT SHALL BE HELD BY

RECOGNIZED.

WITHIN TEN WORKING DAYS FROM ITS SUBMISSION, THE

MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL EXAMINE THE STATUTES IN ORDER TO DETERMINE WHETHER THEY COMPLY WITH THE LAW AND WHETHER THEY WILL DETECT DEFICIENCIES. FORMAL OR CONTRAVENTIONS TO THE LAWS, IT WILL BE MADE IN WRITING TO THE INTERESTED PARTIES, WHO

MUST SUBMIT THEM WITHIN THE NEXT FIFTEEN WORKING DAYS. IF THEY DO NOT DO SO, THEIR CLAIM SHALL BE WITHDRAWN.

IF THE MINISTRY OF LABOR AND SOCIAL SECURITY WILL NOT FIND ANY OBSERVATIONS OR THESE WOULD HAVE BEEN REMEDIED, IT WILL IMMEDIATELY REGISTER THE UNION IN THE RESPECTIVE REGISTRY, ACQUIRING WITH IT ITS LEGAL PERSONALITY, HAVING TO DELIVER THE DULY REGISTERED STATUTES. (11)

Art. 84.-IN THE CASE OF THIRTY WORKING DAYS AFTER THE FILING OF THE APPLICATION WITHOUT IT HAVING BEEN OBSERVED OR AFTER

THE WRITING BY WHICH THE PREEMPTIONS ARE INTENDED TO BE CORRECTED IS PRESENTED. THAT THE MINISTRY OF LABOR AND SOCIAL SECURITY HAS REGISTERED THE UNION, THIS WILL BE REGISTERED, WITH ALL THE EFFECTS OF LAW, AND MUST DELIVER THE STATUTES

DULY REGISTERED.

THE DULY REGISTERED STATUTES OR THE CERTIFICATION OF THE REGISTRATION

EXTENDED BY THE MINISTRY OF LABOR AND SOCIAL FORESIGHT WILL SERVE AS PROOF OF THE EXISTENCE OF THE UNION. (11)

Art. 85. THE GOVERNMENT OF THE TRADE UNIONS WILL BE EXERCISED BY THE ASSEMBLY AND A BOARD OF DIRECTORS. IN ANY CASE, THE ASSEMBLY WILL BE THE HIGHEST AUTHORITY. (11)

Art. 86. THE TRADE UNIONS MAY NOT GRANT PRIVILEGES OR ADVANTAGES TO ANY OF ITS MEMBERS. THEY WILL INVARIABLY BE GOVERNED BY THE DEMOCRATIC PRINCIPLES OF THE PREDOMINANCE OF THE MAJORITY AND ONE VOTE PER PERSON, WITHOUT IT BEING ABLE TO AGREE

PREFERENCE FOR THE AMOUNT OF THE CONTRIBUTIONS OF ITS MEMBERS. THE QUALITY OF MEMBERS OF A UNION AND THE EXERCISE OF THE RIGHTS INHERENT IN SUCH QUALITY ARE STRICTLY PERSONAL. (11)

Art. 87.-THE ASSEMBLY MAY BE ORDINARY AND EXTRAORDINARY AND ITS ATTRIBUTIONS,

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IN ADDITION TO THOSE INDICATED TO YOU BY THE RESPECTIVE STATUTES, ARE AS FOLLOWS:

1.- TO ELECT THE MEMBERS OF THE BOARD OF DIRECTORS ANNUALLY;

2.-APPROVE THE REFORMS OF THE STATUTES;

3RD.-APPROVE THE ANNUAL REVENUE AND EXPENDITURE BUDGET OF THE ENTIRE UNION,

BEING ABLE TO MAKE MODIFICATIONS TO THE DRAFT BUDGETS PRESENTED BY THE ASSEMBLY TO MAINTAIN STABILITY ECONOMIC OF THE UNION;

4th.-AGREE TO THE EXPULSION OF ONE OR MORE UNION MEMBERS ACCORDING TO THE STATUTES;

5th.-APPROVE THE COLLECTIVE LABOUR CONTRACTS THAT REGULATE THE OBLIGATIONS AND RIGHTS OF ALL MEMBERS OF THE UNION UNION;

6TH.-APPROVE THE SEMI-ANNUAL ACCOUNTS AND THE ANNUAL MEMORY OF THEIR ACTIVITIES TO BE PERFORMED BY THE BOARD OF DIRECTORS;

7th.-AGREE TO THE DISSOLUTION OF THE UNION IN ACCORDANCE WITH THE LAW AND THE RESPECTIVE STATUTES;

8.-AGREE THE AMOUNT OF THE ORDINARY SHARES, THE NUMBER OF TIMES THE QUOTAS CAN BE DEMANDED IN THE YEAR EXTRAORDINARY, AS WELL AS THE MAXIMUM AMOUNT THAT CAN BE CHARGED IN TERMS OF SUCH AND HOW TO CHARGE

UNAS AND OTHERS; AND

9º.-DECIDE ON ALL THOSE MATTERS NOT ENTRUSTED TO ANOTHER ORGAN.

THE ASSEMBLY WILL NOT BE CONSTITUTED IF IT IS NOT PRESENT, OR AT LEAST HALF OF THE MEMBERS OF THE UNION ARE REPRESENTED.

WHEN THE NUMBER OF REQUIRED MEMBERS IS NOT PRESENT, OR THE NUMBER OF REQUIRED MEMBERS IS NOT REPRESENTED, IT MAY BE CALLED IN THE ACT FOR ANOTHER ASSEMBLY, WHICH MAY BE HELD

IMMEDIATELY AFTER THAT FOR WHICH THERE WAS NO QUORUM, OBSERVING THE PROVISIONS LAID DOWN IN THE STATUTES. THIS SECOND ASSEMBLY WILL BE HELD WITH THE NUMBER OF MEMBERS PRESENT AND THEIR DECISIONS WILL BE ENFORCED. (11)

Art. 88.-THE VOTE WILL BE SECRET IN THE CASES OF ELECTIONS, APPROVAL OF MEMORIES OR ACCOUNTS TO BE SUBMITTED BY THE BOARD OF DIRECTORS. IN ALL OTHER CASES THE VOTE WILL BE

PUBLIC.

THE AGREEMENTS THAT THE ASSEMBLY TAKES MUST BE BY A SIMPLE MAJORITY OF VOTES,

EXCEPT IN THOSE CASES THAT THE STATUTES REQUIRE A SPECIAL MAJORITY. (11)

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Art. 89.-THE BOARD OF DIRECTORS SHALL BE RESPONSIBLE FOR THE MANAGEMENT AND ADMINISTRATION

OF THE UNION.

THE NUMBER OF BOARD MEMBERS MAY NOT BE LESS THAN THREE OR GREATER

FROM ONCE. (11)

Art. 90. TO BE A MEMBER OF A BOARD OF DIRECTORS, IT IS NECESSARY TO BE SALVADORAN BY

BIRTH, OVER EIGHTEEN YEARS OF AGE, TO BE A MEMBER OF THE UNION AND AN EMPLOYEE OR OFFICIAL OF THE INSTITUTION, OF A NOTORIOUS HONRADEZ AND ALL THE OTHERS WHO POINT OUT THEIR STATUTES. (11)

Art. 91.-THEY ARE OBLIGATIONS OF THE BOARD OF DIRECTORS, IN ADDITION TO THE UNION ' S OWN, THE FOLLOWING:

a) TO CARRY A BOOK FOR THE REGISTRATION OF THE MEMBERS OF THE UNION, ONE OF MINUTES AND AGREEMENTS AND THE ACCOUNTING AND OTHER THAT THEY ESTIMATE NECESSARY,

WHICH SHALL BE AUTHORIZED AND SEALED BY THE COMPETENT OFFICE OF THE MINISTRY OF LABOR AND SOCIAL SECURITY;

b) INFORM THE MINISTRY OF LABOR AND SOCIAL SECURITY, THE NAMES OF THE MEMBERS OF THE BOARDS OF DIRECTORS, WITHIN 10 DAYS AFTER THOSE WHO HAVE TAKEN OFFICE;

(c) GIVE A STATEMENT FROM TIME TO YEAR TO THE MINISTRY OF LABOR AND SOCIAL SECURITY, THE UPDATED PAYROLL OF THE UNION MEMBERS;

d) RENDER TO THE ASSEMBLY, AT LEAST ONCE A YEAR;

e) TO MAKE AVAILABLE TO THE PUBLIC AUTHORITIES, IF THE REQUEST, THE

INFORMATION AND DOCUMENTATION THAT THE STATUTES MUST PROVIDE TO THEIR MEMBERS ON THE OCCASION OF THE ORDINARY ASSEMBLIES;

f) NEGOTIATE THE COLLECTIVE LABOUR CONTRACTS IN ACCORDANCE WITH THE LAW;

g) COLLECT UNION FEES, AND MUST EXTEND RECEIPTS

CORRESPONDING;

h) DEPOSIT THE UNION FUNDS AND SECURITIES IN ONE OR MORE BANKS OF THE

REPUBLIC; E,

(i) OTHERS THAT DETERMINE THEIR STATUTES. (11)

Art. 92.-TRADE UNIONS MUST MAINTAIN THEIR INDEPENDENCE WITH RESPECT TO POLITICAL PARTIES AND IN ADDITION, IT IS ESPECIALLY FORBIDDEN TO THEM:

(a) TO CARRY OUT ANY ACTIVITY THAT IS NOT LIMITED TO THE PROMOTION OF INTERESTS

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ECONOMIC, SOCIAL AND COMMON PROFESSIONALS;

b) FOSTERING PROSELYTISM RELIGIOUS;

(c) USE FUNDS OBTAINED BY ACTIVITIES THAT THEY PERFORM, IN OTHER THAN THOSE ESTABLISHED IN THE STATUTES;

d) DISTRIBUTE ECONOMIC BENEFITS OR MAKE TRADE UNION HERITAGE DISTRIBUTIONS;

e) RIGHTS OF THE UNAFFILIATED;

f) USE PHYSICAL OR PSYCHOLOGICAL VIOLENCE OR COERCE FOR NON-AFFILIATES

TO ENTER THE UNION, AFFILIATES SO THAT THEY DO NOT WITHDRAW FROM THE UNION OR SOME OR OTHERS TO PREVENT FREE EXERCISE OF THEIR WORK;

g) ENCOURAGE OR CONSENT TO CRIMINAL ACTS; AND,

h) MALICIOUSLY FALSE DATA TO THE WORKING AUTHORITIES, HIDE THE RELEVANT DATA REQUESTED BY THOSE AUTHORITIES OR

HINDER THE INVESTIGATIONS THAT MUST BE CARRIED OUT IN ACCORDANCE WITH THE LAW. (11)

Art. 93.-IN THE CASES PROVIDED FOR IN THIS LAW, THE UNIONS WILL BE PUNISHED WITH

FINE, SUSPENSION OR DISSOLUTION. (11)

Art. 94.-FINES MAY BE IMPOSED BETWEEN TWO HUNDRED AND TEN THOUSAND COLONES, NO

BEING ABLE TO EXCEED 25% OF THE UNION ' S ASSETS IN ANY CASE, TAKING INTO ACCOUNT THE SERIOUSNESS OF THE INFRINGEMENT; THE SUSPENSION WILL LAST ONE TO SIX MONTHS, ACCORDING TO THE SERIOUSNESS OF THE INFRINGEMENT.

THE PENALTY OF FINE FOR NON-COMPLIANCE WITH THE OBLIGATIONS CONTAINED IN THIS LAW WILL BE IMPOSED. IN THE EVENT OF A SECOND INFRINGEMENT WITHIN THE DEADLINE

OF A YEAR, THE SUSPENSION OF TRADE UNION ACTIVITIES WILL BE IMPOSED. (11)

Art. 95.-THE DISSOLUTION OF THE UNION PROCEEDS:

(a) IN THE CASE OF THE UNION ' S REALIZATION OF ANY OF THE VIOLATIONS ESTABLISHED IN ARTICLE 92 OF THIS LAW;

(b) WHEN FOR MORE THAN ONE YEAR THE NUMBER OF ITS MEMBERS HAS DECREASED. BELOW THIRTY-FIVE; AND,

c) BECAUSE OF THE LEGAL IMPOSSIBILITY OF THE SUBSIDIARY OF THE UNION. (11)

Art. 96. THE MEMBERS OF A UNION MAY AGREE TO THE DISSOLUTION OF THE UNION, IN ACCORDANCE WITH THE CORRESPONDING STATUTORY RULES. (11)

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Art. 97. IN ORDER TO IMPOSE ON TRADE UNIONS THE PENALTIES REFERRED TO IN THIS

SECTION, THE AUTHORITY WHICH HAS KNOWLEDGE OF THE INFRINGEMENT OR THE INDIVIDUALS CONCERNED, MAY WRITE TO THE JUDGE WITH COMPETENCE IN THE FIELD OF EMPLOYMENT EXPOSING THE FACTS, ACCOMPANYING THE CORRESPONDING JUSTIFICATIONS, IF THE

HAVE AND REQUESTING THAT THE RESPECTIVE SANCTION BE APPLIED. (11)

Art. 98.-EVERY INSTITUTION THAT HAS WORKERS AFFILIATED WITH A UNION IS

OBLIGED TO WITHHOLD THE UNION DUES TO DELIVER THEM TO THE UNION, PROVIDED THAT THE UNION HAS COMMUNICATED THE PAYROLL OF THE UNION WORKERS, THROUGH THE NATIONAL DEPARTMENT OF SOCIAL ORGANIZATIONS, WHICH WILL WORK ON COMMUNICATION

IN THE FIVE-DAY TERM. (11)

Art. 99.-THE WAIVER OF THE MEMBERSHIP OF A UNION MUST BE SUBMITTED

IN WRITING TO THE CORRESPONDING BOARD OF DIRECTORS; AND THE MEMBER OF THE BOARD WHO RECEIVES IT SHALL GIVE THE PERSON A RECORD OF THE DAY AND TIME OF THE FILING.

THE WAIVER SHALL HAVE ITS EFFECTS, WITHOUT THE NEED FOR ACCEPTANCE, FROM THE MOMENT IT IS PRESENTED.

THE WAIVER SUBMITTED UNDER THE FIRST PARAGRAPH OF THE PREVIOUS ARTICLE SHALL BE COMMUNICATED BY THE BOARD OF DIRECTORS TO THE ADMINISTRATION WITHIN 10 DAYS OF RECEIPT. IN THIS CASE, OR WHEN THE WORKER HIMSELF DISCLAIMS EVIDENCE OF THIS, THE RETENTION OF THE UNION FEE MUST CEASE.

IN THE CASE OF THE MEMBERS OF THE BOARD OF DIRECTORS REFUSING TO RECEIVE THE RESIGNATION OR TO SUBMIT THE EVIDENCE REFERRED TO, THE FOREGOING WORKER MAY ATTEND

TO THE RESPECTIVE SECTION OF THE MINISTRY OF LABOR AND SOCIAL SECURITY EXPOSE YOUR CASE. THE SECTION WILL QUOTE FROM DAY AND TIME TO THE UNION LEGAL REPRESENTATIVES TO NOTIFY THEM OF THE DECISION OF THE WORKER TO RESIGN AS A MEMBER OF THE

SAME. FROM THIS DILIGENCE, IT WILL BE UP TO THE COURT TO SIGN THE RENUNCIATION WORKER IF HE IS PRESENT, AND THE UNION MANAGER WHO APPEARS. IF THEY ARE UNABLE OR NOT TO SIGN, THIS CIRCUMSTANCE SHALL BE STATED, PENALTY OF NULLITY.

THE CERTIFICATION OF THE PREVIOUS ACT SHALL MAKE THE RECORDS OF THE CONSTANCY REFERRED TO IN THE SECOND PARAGRAPH OF THIS ARTICLE.

WHEN THE LEGAL REPRESENTATIVES DO NOT APPEAR ON THE FIRST SUMMONS, THEY WILL BE MADE A NEW APPOINTMENT, AND IF THEY DO NOT APPEAR, THE SECTION WILL ACT BY DOING

STATING THIS CIRCUMSTANCE, AND THE WAIVER WILL PRODUCE ALL ITS EFFECTS. FROM THE DATE OF HIS APPEARANCE, THE SECTION WILL IMMEDIATELY COMMUNICATE TO THE UNION ' S BOARD OF DIRECTORS AND THE INSTITUTION IN WHICH IT PROVIDES

ITS SERVICES, IN ORDER TO CEASE THE DISCOUNTS OF THE UNION DUES. (11)

Art.100.-IF THE UNION HAS EXPELLED ONE OF ITS MEMBERS, THE BOARD

DIRECTIVE SHALL COMMUNICATE IT TO ITS EMPLOYER WITHIN 10 DAYS OF THE EXPULSION; AND IN THIS CASE, AS WHEN THE WORKER EXHIBITS CONSTANCY OF HAVING

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EXPELLED, THE RETENTION OF THE UNION FEE SHALL CEASE. (11)

SECTION II OF THE COLLECTIVE LABOR CONTRACT

Art.101.-COLLECTIVE LABOR CONTRACTS ARE INTENDED TO REGULATE, DURING THEIR LIFETIME, THE CONDITIONS GOVERNING INDIVIDUAL CONTRACTS OF EMPLOYMENT IN THE

OTHER DEPENDENCIES OF THE PUBLIC INSTITUTIONS AND THE RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES. (11)

Art. 102.-COLLECTIVE BARGAINING MUST CONFORM TO THE CONSTITUTIONAL PRINCIPLES AND GUARANTEES AND TO THE GENERAL REGULATORY FRAMEWORK ESTABLISHED BY LAW. (11)

Art. 103. THE UNION BOARD OF DIRECTORS MAY ELECT, FROM AMONG ITS MEMBERS, A NEGOTIATING AND SUBSCRIBING COMMISSION FOR THE COLLECTIVE AGREEMENT, AND IN ITS CASE IN ACCORDANCE WITH THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 106. (11)

Art. 104.-THE REPRESENTATION OF THE PUBLIC INSTITUTION SHALL BE EXERCISED BY THE HOLDER OF THE INSTITUTION OR BY THE REPRESENTATIVES APPOINTED BY IT AND SHALL BE RESPONSIBLE FOR CONDUCTING

THE NEGOTIATIONS. (11)

Art. 105.-THE NEGOTIATING PARTIES OF A COLLECTIVE CONTRACT MAY APPOINT UP TO FOUR ADVISORS, WHO WILL SPEAK WITH THE RIGHT TO VOICE IN THE

NEGOTIATION. (11)

Art. 106.-THE PUBLIC INSTITUTION WILL BE OBLIGED TO NEGOTIATE AND CONCLUDE A CONTRACT

COLLECTIVE WITH THE UNION, TO WHICH FIFTY ONE PERCENT OF THE PUBLIC SERVANTS OF THE INSTITUTION BELONG WHEN IT SO REQUESTS.

IF TWO OR MORE TRADE UNIONS HAVE BEEN IN THE SAME INSTITUTION, AND NONE OF THEM SHALL COMPLY WITH THE PERCENTAGE REFERRED TO IN THE PRECEDING PARAGRAPH, THEY MAY BE ENTERED IN ORDER TO COMPLY WITH THAT PERCENTAGE, IN WHICH CASE THE PUBLIC INSTITUTION SHALL BE

TO NEGOTIATE AND CONCLUDE A COLLECTIVE CONTRACT WITH THE COALITION UNIONS, IF THEY JOINTLY ASK FOR THEM.

NOTWITHSTANDING THE ABOVE, THEY MAY BE COLIGATED FOR THE PURPOSES OF THE PRECEDING PARAGRAPH, TWO OR MORE UNIONS WITHIN THE SAME INSTITUTION, EVEN IF ONE OF THEM COMPLIES WITH THE PERCENTAGE REQUIRED IN THE FIRST PARAGRAPH OF THIS ARTICLE.

(11)

Art. 107.-FOR EACH PUBLIC INSTITUTION THERE MAY BE ONLY ONE COLLECTIVE CONTRACT

OF WORK, WHOSE STIPULATIONS SHALL APPLY TO ALL THE SERVANTS OF THE INSTITUTION CONCERNED, EVEN IF THEY DO NOT BELONG TO THE TRADE UNION OR TRADE UNIONS CONTRACTORS. THEY WILL ALSO APPLY TO THE PUBLIC SERVANTS WHO ENTER

TO THE INSTITUTION ALREADY MENTIONED DURING THE TERM OF THE CONTRACT.

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THE TERM OF A COLLECTIVE CONTRACT WILL BE THREE YEARS; AND WILL BE EXTENDED

AUTOMATICALLY FOR PERIODS OF ONE YEAR, PROVIDED THAT NEITHER PARTY, IN THE PENULTIMATE MONTH OF THE YEAR OR ITS EXTENSIONS, REQUESTS THE REVISION OF THE CONTRACT. THE MONTHS OF THE PERIOD SHALL BE COUNTED FROM THE DATE ON WHICH THE CONTRACT ENTERS INTO FORCE.

COLLECTIVE CONTRACTS SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE FINANCIAL YEAR FOLLOWING THAT OF THEIR CONCLUSION.

THE EFFECTS OF THE CONTRACT WILL BE EXTENDED WHILE THE NEGOTIATIONS ON THE NEW COLLECTIVE CONTRACT WILL LAST. (11)

Art. 108.-THE COLLECTIVE BARGAINING REGULATED BY THIS LAW SHALL COMPRISE ALL ASPECTS OF THE PUBLIC SERVANT RELATIONSHIP, BOTH THOSE OF

SALARY CONTENT, AND THOSE RELATING TO OTHER WORKING CONDITIONS, SUCH AS THE FOLLOWING:

a) WORKING CONDITIONS;

b) WORKERS ' PAY ON THE BASIS OF EFFICIENCY, EFFECTIVENESS,

PRODUCTIVITY, QUALITY AND ECONOMY;

c) THE ESTABLISHMENT OF TRAINING NEEDS RELATED TO THE DEVELOPMENT OF THE INSTITUTION ' S OWN FUNCTIONS; AND,

d) THE TRAINING OF COMMISSIONS MIXED BETWEEN REPRESENTATIVES OF PUBLIC INSTITUTIONS AND TRADE UNIONS.

IN ANY CASE, THE DECISIONS OF THE PUBLIC ADMINISTRATION THAT AFFECT THEIR POWERS OF ORGANIZATION, THE EXERCISE OF

THE RIGHTS OF CITIZENS TO PUBLIC OFFICIALS AND TO THE PUBLIC WILL NOT BE THE OBJECT OF NEGOTIATION. PROCEDURE FOR THE FORMATION OF ACTS AND ADMINISTRATIVE PROVISIONS. (11)

Art. 109.-ANY COLLECTIVE CONTRACT OF WORK MUST CONTAIN:

(A) PLACE AND DATE OF ITS AWARD;

(b) FULL AND GENERAL NAMES OF THOSE WHO SUBSCRIBE TO IT AND THE EXPRESSION OF THE QUALITY IN WHICH THEY ACT;

(c) THE DATE ON WHICH IT SHALL ENTER INTO FORCE;

(d) WORKING CONDITIONS;

(e) CLAUSES DETERMINING THE RIGHTS AND OBLIGATIONS OF THE PARTIES

CONTRACTORS; WITHOUT PREJUDICE TO THE PROVISIONS OF THE LEGAL ORDER;

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f) CLAUSES THAT ENSURE THE EXECUTION OR EFFECTIVENESS OF THE CONTRACT;

g) THE DEMAS STIPULATIONS IN WHICH THE CONTRACTING PARTIES AGREE, OF

COMPLIANCE WITH THE PREVIOUS ARTICLE; AND,

h) THE OTHER CONDITIONS THAT THE PARTIES AGREE TO AND DO NOT CONTAIN A

AFFECTATION TO THE BALANCE OF THE GENERAL BUDGET OF THE STATE, IN SUCH A WAY NOT TO AFFECT THE DELIVERY AND QUALITY OF PUBLIC SERVICES. (11)

Art. 110.-ANY EXCLUSION CLAUSE IN THE COLLECTIVE AGREEMENT IS PROHIBITED. (11)

Art. 111. THE COLLECTIVE CONTRACT OF EMPLOYMENT MUST BE WRITTEN, DULY SIGNED AND SEALED IN AS MANY COPIES AS THERE ARE, PLUS ONE.

WITHIN THIRTY DAYS OF THE CONCLUSION, EITHER PARTY SHALL SUBMIT COPIES TO THE CORRESPONDING SECTION OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY, SO THAT THE CONTRACT IS ENTERED IN THE REGISTER AS THE EFFECT

WILL CARRY THIS MINISTRY, PROVIDED THAT IT COMPLIES WITH THE PROVISIONS OF THIS LAW. (11)

Art. 112.-THE MINISTRY OF LABOR AND SOCIAL SECURITY, WITHIN FIVE DAYS OF THE PRESENTATION OF THE CONTRACT, WILL QUALIFY THE REQUIREMENTS OF FORM AND THE

CAPACITY OF THE CONTRACTORS. IF YOU DO NOT CONTRAVENE THE LAWS, YOU WILL VERIFY THE REGISTRATION IMMEDIATELY; OTHERWISE, YOU WILL RETURN THE COPIES OF THE CONTRACT, WITH THE RELEVANT OBSERVATIONS.

WHEN AN REGISTRATION IS DENIED AND ANY OF THE PARTIES CONSIDER IT TO BE UNDUE, YOU MAY HAVE RECOURSE TO THE DIRECTOR GENERAL OF WORK HIERARCHICALLY,

WITHIN THREE DAYS OF THE NOTIFICATION OF THE REFUSAL. THE DIRECTOR MAY CONFIRM, MODIFY OR REVOKE, AS THE CASE MAY BE, AND ORDER THE REGISTRATION IF IT IS TO BE OBTAINED.

IF DESPITE HAVING MADE THE QUALIFICATION REFERRED TO IN THIS ARTICLE, A COLLECTIVE CONTRACT CONTAINING CLAUSES CONTRARY TO THE LAW

APPLICABLE OR VIOLATING THE RIGHTS ENSHRINED IN THIS LAW SHALL BE ENTERED. WORKERS ' FAVOUR, SUCH CLAUSES SHALL BE FOR NON-WRITTEN REASONS. (11)

Art. 113.-IN EACH COPY OF THE CONTRACT, THE TIME AND DATE OF THE REGISTRATION, THE BOOK, NUMBER AND PAGE IN WHICH THE SEAT APPEARS. A COPY WILL BE RETURNED TO EACH CONTRACTOR AND ONE WILL BE KEPT IN THE SECTION FILE. (11)

Art. 114.-THE EXISTENCE OF THE COLLECTIVE CONTRACT OF EMPLOYMENT CAN BE PROVED ONLY BY MEANS OF THE RESPECTIVE DOCUMENT DULY REGISTERED, OR BY CERTIFICATION

OF THE REGISTRATION EXTENDED BY THE CORRESPONDING DEPARTMENT OF THE MINISTRY OF LABOUR AND SOCIAL FORESIGHT. (11)

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Art. 115.-THE DISSOLUTION OF A UNION WILL NOT AFFECT THE OBLIGATIONS AND RIGHTS

INDIVIDUALS THAT EMANATE FROM A COLLECTIVE CONTRACT. (11)

Art. 116.-THE COLLECTIVE CONTRACT OF EMPLOYMENT ENDS:

(a) BY MUTUAL CONSENT OF THE PARTIES, PROVIDED THAT THE SAME REQUIREMENTS HAVE BEEN FULFILLED AS FOR THEIR CONCLUSION;

b) BECAUSE OF THE LEGAL IMPOSSIBILITY OF THE SUBSISTING OF THE CONTRACT; AND,

(c) FOR THE OTHER CAUSES ESTABLISHED IN THE CONTRACT. (11)

Art. 117.-THE COLLECTIVE CONTRACT OF EMPLOYMENT ALSO ENDS WITH THE DISSOLUTION

OF THE UNION THAT HAS CONCLUDED IT; BUT THAT TERMINATION WILL NOT TAKE PLACE, IF IN THE PUBLIC INSTITUTION THEY HAVE AFFILIATED TO ANOTHER OR OTHER UNIONS, AND ONE OF THESE IT WOULD HAVE ACQUIRED, AT LEAST FIFTY-ONE PERCENT OF THE TOTAL OF THE

SERVERS OF THE INSTITUTION, WITH SUCH THAT, MOREOVER THAT MAJORITY ASSOCIATION WILL AGREE IN SESSION OF EXTRAORDINARY ASSEMBLY, TO ASSUME THE RIGHTS AND OBLIGATIONS OF THE COLLECTIVE CONTRACT MENTIONED. THE AGREEMENT SHALL BE ADOPTED WITHIN THIRTY

DAYS FOLLOWING THE PUBLICATION OF THE LAST OF THE NOTICES REFERRED TO IN ARTICLE 625 OF THE LABOUR CODE AND COMMUNICATED TO THE CORRESPONDING DEPARTMENT OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY, WITHIN 10 DAYS OF THE SESSION OF THE ASSEMBLY EXPRESSED.

IN THE CASE OF ARTICLE 106, SECOND PARAGRAPH, THE DISSOLUTION OF ANY OF THE CONTRACTING UNIONS DOES NOT RESULT IN THE TERMINATION OF THE COLLECTIVE CONTRACT. THE

REMAINING UNION SHALL RETAIN ITS RIGHTS AND OBLIGATIONS ARISING OUT OF THE SAID CONTRACT AND SHALL ONLY RESPOND TO THE OBLIGATIONS OF THE UNION OR DISSOLVED TRADE UNIONS, WHEN IT HAS TAKEN THEM BY FILLING THE FORMALITIES AND REQUIREMENTS BEFORE INDICATED.

(11)

Art. 118.-AT THE END OF A COLLECTIVE CONTRACT OF EMPLOYMENT, EITHER PARTY

MUST GIVE TIMELY NOTICE TO THE RESPECTIVE DEPARTMENT OF THE MINISTRY OF LABOR AND SOCIAL SECURITY, FOR CANCELLATION IN THE CORRESPONDING REGISTER. (11)

Art. 119.-ANY COLLECTIVE CONTRACT CONCLUDED WITH ANY PUBLIC INSTITUTION NEEDS FOR ITS VALIDITY, THE APPROVAL OF THE HOLDER OF THE SAME, WHICH SHALL BE SUBJECT TO THE FAVORABLE OPINION OF THE MINISTRY OF FINANCE. FOR THIS PURPOSE THE RESPECTIVE OFFICIAL

WILL MAKE THE REFERRAL WITHIN THE NEXT FIFTEEN WORKING DAYS OF THE SIGNING OF THE CONTRACT.

THE MINISTRY OF FINANCE, AT THE TIME OF ISSUING THE OPINION REFERRED TO BY THE

PARAGRAPH WHICH SHALL BE ISSUED WITHIN THE MAXIMUM PERIOD OF NINETY DAYS, SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 226 OF THE CONSTITUTION AND THE THAT ON THE PARTICULAR ESTABLISHES THE ORGANIC LAW OF FINANCIAL ADMINISTRATION OF THE STATE.

IN CASE OPINION WILL BE UNFAVORABLE WILL EXTEND THE TERM OF THE CONTRACT

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PREVIOUS IF THERE ARE, AND IN ANY CASE WILL OPEN THE NEGOTIATION BASED ON THE

PARAMETERS THAT SUCH AN OPINION WOULD NECESSARILY CONTEMPLATE.

IN NO CASE MAY BE AUTHORIZED OR ISSUED FAVOURABLE OPINION WHEN THE

CONTRACT IN REFERENCE EXCEEDS OR MAY INFRINGE ON WHAT THE EFFECT OF ARTICLE 228 OF THE CONSTITUTION INDICATES.

THE INSTITUTION THAT HOLDS SUCH A CONTRACT IS OBLIGED TO COMMUNICATE THE TEXT OF THE CONTRACT TO THE COURT OF AUDITORS OF THE REPUBLIC. (11)

CHAPTER XII OF COLLECTIVE LABOR CONFLICTS (11)

SECTION I PRELIMINARY RULES

Art. 120.-BY ITS NATURE, COLLECTIVE LABOUR CONFLICTS ARE:

1) LEGAL OR LAW; AND,

2) ECONOMIC OR INTEREST. (11)

Art. 121.-LEGAL OR LEGAL COLLECTIVE CONFLICTS ARE CONSIDERED, ALL

WHICH ARISE AS A RESULT OF THE NON-COMPLIANCE OR INTERPRETATION OF A COLLECTIVE CONTRACT OF EMPLOYMENT. (11)

Art. 122.-ALL CONFLICTS ARISING FROM THE NEGOTIATION OF THE GENERAL AND SPECIAL CONDITIONS OF THE PROVISION OF SERVICES ON THE PART OF THE PUBLIC SERVANTS TO THE INSTITUTIONS FROM WHICH THEY ARE DEPENDENT, ARE REFERRED TO

CONFLICTS ECONOMIC OR INTEREST GROUPS. (11)

Art.123.-IN COLLECTIVE CONFLICTS CAN ONLY BE A PART: THE UNION

MAJORITY OR COALITION OF UNIONS IN THEIR CASE; AND THE CORRESPONDING PUBLIC INSTITUTION. (11)

SECTION II LEGAL CONFLICTS

Art. 124.-THEY ARE COMPETENT TO KNOW OF THE COLLECTIVE CONFLICTS OF A LEGAL NATURE AGAINST THE STATE, THE CHAMBERS OF THE LABOR OF THE CITY OF SAN SALVADOR; AND IN THE CASE OF THE MUNICIPALITIES, THE JUDGES WITH COMPETENCE IN LABOR MATTERS OF THE

RESPECTIVE JURISDICTION.

WHEN IT IS A COLLECTIVE CONFLICT OF A LEGAL NATURE, THE PART

INTERESTED WILL SUBMIT TO THE HOUSE OR THE RESPECTIVE JUDGE ITS DUPLICATE APPLICATION IN WHICH IT WILL STATE ALL THE REASONS IT HAS TO ALLEGE THAT IT IS DEFAULTING OR

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WRONGLY INTERPRETING THE COLLECTIVE CONTRACT OF WORK, DEMAND THAT IT WILL HAVE

MEET THE REQUIREMENTS SET OUT IN ARTICLE 379 OF THE LABOUR CODE, IN WHATEVER APPLICABLE. (11)

Art. 125. THE CORRESPONDING COURT SHALL PLACE THE APPLICATION ON THE OTHER PARTY, GIVING THE OTHER PARTY A COPY OF THE APPLICATION WITHIN FIVE DAYS OF THE DATE OF THE PLACEMENT. IN THE RESPONSE YOU MUST EXPRESS THE REASONS THAT

HAS TO AFFIRM THAT YOU ARE CORRECTLY FULFILLING OR INTERPRETING THE COLLECTIVE AGREEMENT. (11)

Art. 126.-AFTER THE END OF THE SITE WITHOUT THE DEFENDANT ANSWERING THE REQUEST, THE DISPUTE SHALL BE DEALT WITH WITHOUT HIS INTERVENTION. HOWEVER, IT MAY SUBSEQUENTLY BE CUSTOMIZED WITHOUT GOING BACK. (11)

Art. 127.-THE REQUEST OR AFTER THE TERMINATION OF THE PLACEMENT IS ANSWERED, THE RESPECTIVE COURT WILL OPEN FOR TEN DAYS, IF IT WILL BE THE FULFILLMENT

OF THE COLLECTIVE CONTRACT.

EXPIRED THE TERM PROBATIVE, WITH THE MERIT OF THE TEST THE COURT WILL FAIL,

WITHIN FIVE DAYS, ORDERING, IF APPROPRIATE, THAT THE CLAUSE OR CLAUSES INFRINGED WITHIN THE TIME LIMIT THAT THE COURT WILL DETERMINE PRUDENTIALLY, WITHOUT IN EXCESS OF THIRTY DAYS TO THE NOTIFICATION; HOWEVER, IN CASES WHERE IT IS NECESSARY TO CARRY OUT A PROCEDURE FOR OBTAINING A BENEFIT OR SERVICE, THE

COMPLIANCE WITH THE CONTRACT WILL BE SUBJECT TO THE DEADLINES. INDICATED IN THE LAW OR LAWS CORRESPONDING TO THE EFFECT OF THE SAID SITUATION, WITHOUT PREJUDICE TO THE LIABILITY INCURRED BY THE PUBLIC SERVANT FOR THE UNJUSTIFIED DELAY

OF THE REQUEST FOR THE CORRESPONDING PROCEDURE. (11)

Art. 128.-WHEN THE CONFLICT IS DUE TO THE MERE INTERPRETATION OF A RULE OR

RULES CONTAINED IN THE COLLECTIVE CONTRACT OF EMPLOYMENT, THE COURT SHALL FAIL WITHIN FIVE DAYS OF THE RESPONSE OF THE REQUEST OR OF THE EXPIRY OF THE TERM OF THE SITE, DECLARING THE CORRECT INTERPRETATION. TO BE

RELEVANT, THE COURT WILL POINT OUT THE FORM AND OPPORTUNITY IN WHICH THE STANDARD OR INTERPRETED RULES MUST BE MET. (11)

SECTION III OF THE PROCEDURE IN ECONOMIC OR INTEREST COLLECTIVE CONFLICTS

PART FIRST OF THE STAGES

Art. 129.-COLLECTIVE CONFLICTS OF AN ECONOMIC OR INTEREST NATURE SHALL BE DEVELOPED IN ACCORDANCE WITH THE FOLLOWING STAGES:

(a) DIRECT TREATMENT;

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b) THE RECONCILIATION; AND

c) THE ARBITRATION. (11)

PART SECOND OF DIRECT TRY

Art. 130.-WHEN THE CONCLUSION OR REVISION OF A COLLECTIVE CONTRACT OF EMPLOYMENT IS CONCERNED, THE APPLICATION, WHICH SHALL BE REFERRED TO AS THE STATEMENT OF REQUESTS, SHALL BE MADE IN WRITING AND SHALL BE ACCOMPANIED BY TWO COPIES OF THE DRAFT CONTRACT AND THE CONTRACT

CERTIFICATION OF THE MINUTES OF THE SESSION WHERE THE PROJECT HAS BEEN APPROVED. (11)

Art. 131.-THE REQUEST SHALL CONTAIN:

a) DESIGNATION OF THE REQUIRED PARTY;

b) DESIGNATION OF THE REQUESTING PARTY;

c) THE NAMES OF THE PERSONS IN CHARGE OF THE NEGOTIATION, IN ACCORDANCE WITH THE Arts. 100 AND 101 OF THIS ACT; AND

(d) A BRIEF RELATIONSHIP OF THE SOCIAL, LEGAL, ECONOMIC

AND TECHNICIANS ON WHICH THE REQUEST SPECIFICATION IS BASED. (11)

Art. 132.-THE REQUEST AND COPY THEREOF, THE PROJECT AND THE CERTIFICATION TO WHICH

REFERS TO ART. 130 OF THIS LAW SHALL BE DIRECTED TO THE COURT OF CIVIL SERVICE, WHICH SHALL CERTIFY AT THE FOOT OF THE APPLICATION AND ITS COPY, THE DAY AND TIME OF THE PRESENTATION. THE COPY WILL BE RESERVED AND THE ORIGINAL WILL BE MADE TO THE PART TO WHOM

DIRECTED, WITHOUT WASTE OF TIME. (11)

Art. 133.-THE REQUEST AND THE PROJECT SAID, THE PARTY TO WHOM IT IS ADDRESSED,

WITHIN SEVENTY-TWO HOURS OF RECEIPT, SHALL MEET WITH THE REQUESTING PARTY TO DETERMINE THE PLACE, DATE AND TIME AT WHICH THE SESSIONS OF THE NEGOTIATION. (11)

Art. 134.-IF THE INTERESTED PARTIES DO NOT MEET OR DO NOT AGREE WITH THE PROVISIONS OF THE PREVIOUS ARTICLE, ANY OF THEM SHALL INFORM THE COURT

OF CIVIL SERVICE, WHICH SHALL DETERMINE THE PLACE, AFTER HEARING WITH THE PARTIES, THE DATE AND TIME AT WHICH THE SESSIONS WILL TAKE PLACE. (11)

Art. 135.-AT THE NEGOTIATION MEETINGS, A DIRECT AGREEMENT ON THE DRAFT CONTRACT SHALL BE SOUGHT. THE SESSIONS, UNLESS EXPRESSED BY THE PARTIES, SHALL BE CARRIED OUT FOR 20 WORKING DAYS, COUNTED FROM

FOLLOWING THE ONE IN WHICH THE INSTITUTION HAS RECEIVED THE STATEMENT OF REQUESTS. (11)

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Art. 136.-IF THE PARTIES TO AN AGREEMENT ON THE

DRAFT COLLECTIVE CONTRACT OF EMPLOYMENT ARRIVE IN THE DIRECT NEGOTIATION, THIS WILL BE SUBMITTED TO THE APPROVAL OF THE RESPECTIVE UNION ASSEMBLY AND TO THE FAVORABLE OPINION OF THE MINISTRY OF FINANCE, COMPLIANCE WITH THE PROVISIONS OF ART.119.

APPROVED AS THE CONTRACT, IT WILL BE SIGNED BY THE PARTIES, FOLLOWING THE REGISTRATION PROCEDURES IN THE CORRESPONDING REGISTRATION, THUS ENDING THE

CONFLICT.

IF THE AGREEMENT IS PARTIAL, OR IF THERE IS NO AGREEMENT, IT SHALL BE STATED

IN MINUTES THE POINTS ON WHICH THERE WAS AGREEMENT, SPECIFYING, IN TURN, THOSE IN WHICH THERE WERE NO. SUCH MINUTES SHALL BE EXTENDED IN DUPLICATE.

IMMEDIATELY, EITHER PARTY MAY REQUEST THE CIVIL SERVICE TRIBUNAL TO INITIATE THE CONCILIATION STAGE. SUCH A REQUEST SHALL BE ACCOMPANIED BY THE MINUTES. (11)

Art. 137.-WHEN THE PARTY TO WHOM A REQUEST FOR THE NEGOTIATION OF A COLLECTIVE CONTRACT OF EMPLOYMENT IS SUBMITTED REFUSES TO ENTER INTO NEGOTIATIONS, IT SHALL COMMUNICATE

ITS REFUSAL TO THE PETITIONER, EXPRESSING THE REASONS FOR THE CASE, WITHIN THE TEN DAYS AFTER THE RECEIPT.

THE COMMUNICATION WILL BE DONE IN ORIGINAL AND COPY BY THE COURT OF SERVICE

CIVIL, WHO WILL CERTIFY AT THE FOOT OF THESE, THE TIME AND DATE OF PRESENTATION, MAKING THE ORIGINAL TO THE PART TO WHOM IT IS ADDRESSED AND THE COPY IT WILL ADD TO THE RESPECTIVE FILE.

IF THE REFUSAL IS BASED ON THE APPLICANT ' S LACK OF OWNERSHIP OR ANY OTHER CAUSE, THE CIVIL SERVICE TRIBUNAL, AS AN ACT PRIOR TO THE NEXT STAGE, WILL SEND THE OTHER PARTY TO HEAR FOR THE TERM OF THREE DAYS.

THAT TERM WILL BE TESTED BY THREE WORKING DAYS, THE COURT HAVING TO PRONOUNCE THE CORRESPONDING RESOLUTION WITHIN TWO

WORKING DAYS.

IF THE ALLEGED REFUSAL OCCURS, THE CONFLICT WILL BE TERMINATED. THE

RESOLUTION OF THE COURT OF CIVIL SERVICE WILL ADMIT RECOURSE OF RECALL TO THE SAME COURT, WHICH MUST BE BROUGHT IN ACCORDANCE WITH ARTICLE 426 OF THE CODE OF CIVIL PROCEDURES. OTHERWISE, THE DIRECT TREATMENT WILL BE CONTINUED.

THE DIRECT DEAL STAGE MAY NOT BE LONGER THAN 20 WORKING DAYS, EXCEPT THAT THE PARTIES AGREE TO EXTEND IT. BY BEATING THIS PERIOD,

EITHER PARTY MAY ASK THE CIVIL SERVICE COURT TO INITIATE THE CONCILIATION STAGE. (11)

THIRD PARTY OF RECONCILIATION

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Art. 138.-AT RECEIPT OF THE REQUEST FOR CONCILIATION, THE PRESIDENT OF THE COURT OF

CIVIL SERVICE IMMEDIATELY, IF HE DECIDES NOT TO INTERVENE AS SUCH, SHALL APPOINT A CONCILIATOR, SO THAT WITHIN THE NEXT FORTY-EIGHT HOURS HE SHALL QUOTE THE PARTIES IN CONFLICT TO AGREE THE TIMETABLE FOR HOLDING THE MEETINGS OF

CONCILIATION AND TO APPOINT THE PERSONS TO REPRESENT THEM, WHERE APPROPRIATE, AND TO ADVISE THEM; IN CASE OF DISAGREEMENT OR INATTENDANCE, THE COURT OF SERVICE CIVIL WILL MAKE THE RESPECTIVE DAY AND TIME POINTS.

IN ADDITION TO THE CONCILIATOR, IN MEETINGS WHERE IMPORTANT OR DIFFICULT ISSUES HAVE TO BE ADDRESSED, ONE OR MORE CONCILIATORS APPOINTED

MAY PARTICIPATE IN THE CIVIL SERVICE TRIBUNAL. (11)

Art. 139.-THE CONCILIATOR MUST MODERATE THE BEHAVIOR OF THE INTERESTED PARTIES AND

SEEK TO COMPROMISE THEM, PROPOSING TO THEM ON THE VARIOUS POINTS OF DISCORD THE SOLUTIONS THAT IN THEIR JUDGMENT ARE FAIR, EQUITABLE, SUITABLE FOR THE PARTIES, CHORDS AS ESTABLISHED IN ARTICLE 119 OF THIS LAW AND AIMED AT HARMONIZING

INTERESTS OF PUBLIC INSTITUTIONS AND THAT OF THEIR WORKERS. (11)

Art. 140.-THE CONCILIATION PROCEDURE WILL NOT BE SUBJECT TO ANY FORMALITY;

ACTIONS OR METHODS THAT MAY HINDER THE AGREEMENT WILL NOT BE ACCEPTED, AND IN ANY CASE THE GREATER FLEXIBILITY WILL BE GIVEN TO THE PROCESS AND TO THE NEGOTIATION. (11)

Art. 141.-IN THE CONCILIATION ONLY THE POINTS IN WHICH THERE WAS NO AGREEMENT

IN THE PREVIOUS STAGE WILL BE NEGOTIATED; UNLESS THE PARTIES, BY COMMON AGREEMENT, DECIDE TO MODIFY SOME ALREADY NEGOTIATED POINT. SO MANY MEETINGS WILL BE HELD AS NECESSARY AND, RESULTING FROM THEM A TOTAL AGREEMENT, WILL BE OBSERVED THE PROVISIONS OF THE INCITES

FIRST AND SECOND OF ART. 136 OF THIS LAW, WHICH WILL BE RECORDED IN THE RESPECTIVE ACT. (11)

Art. 142.-THE CONCILIATION STAGE SHALL HAVE A MAXIMUM DURATION OF 30 WORKING DAYS, COUNTED FROM THE FIRST MEETING TO BE HELD, EXCEPT THAT THE PARTIES AGREE TO EXTEND IT.

THAT STAGE CAN BE CONCLUDED IN ADVANCE FOR THE FOLLOWING REASONS:

1ST.) WHEN ONE OF THE PARTIES MANIFESTS THAT IT IS NOT WILLING TO RECONCILE; AND,

2ª.) WHEN ONE OF THE PARTIES STOPS ATTENDING TWO CONCILIATORY MEETINGS.

AT THE END OF THIS STAGE, MINUTES WILL BE LIFTED, INCLUDING THE SUSPENSION OF THE TERMINATION OF THE STAGE. (11)

Art. 143.-THE CONCILIATOR SHALL RETURN THE PROCEEDINGS TO THE PRESIDENT OF THE COURT OF CIVIL SERVICE, WHO SHALL GIVE JUDGMENT STATING THAT THE STAGE OF

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RECONCILIATION AND PROVIDENCE WILL BE MADE KNOWN TO THE PARTIES. (11)

FOURTH PARTY OF ARBITRATION

Art. 144.-HAVING FINISHED THE CONCILIATION STAGE, THE ARBITRATION WILL PROCEED IN THOSE POINTS IN WHICH THERE WAS NO AGREEMENT IN ANY OF THE PREVIOUS STAGES.

(11)

Art. 145.-WITHIN THE SEVENTY-TWO HOURS OF THE CONFLICT HAVING BEEN SUBMITTED TO

ARBITRATION, EACH PARTY SHALL APPOINT AN ARBITRATOR AND SHALL BE NOTIFIED TO THE PRESIDENT OF THE CIVIL SERVICE TRIBUNAL. IF THE PARTIES, OR ANY OF THEM, DO NOT MAKE THE APPOINTMENT WITHIN THAT PERIOD, THE CIVIL SERVICE TRIBUNAL SHALL DO SO ON BEHALF OF THE

DISREGARD OR OMITS. DESIGNATED AS SUCH ARBITRATORS, THEY SHALL BE SUMMONED BY THE COURT OF CIVIL SERVICE TO ATTEND THEIR OFFICE WITHIN THE NEXT FORTY-EIGHT HOURS, TO BE SWORN IN BY THAT OFFICIAL AND TO ELECT

TO A THIRD ARBITRATOR WHO WILL BE THE PRESIDENT OF THE ARBITRATION TRIBUNAL. IF THEY DO NOT AGREE ON THE ELECTION, THE CIVIL SERVICE TRIBUNAL, WITHIN THE NEXT TWENTY-FOUR HOURS, SHALL MAKE THE APPOINTMENT, TAKE THE OATH OF THE THIRD

ARBITRATOR AND GIVE THE CHARGES TO ALL MEMBERS OF THE COURT OF JUSTICE. ARBITRATION. (11)

Art. 146.-THE ARBITRATORS MUST BE SALVADORAN CITIZENS, OVER THIRTY

AND FIVE YEARS, WITH A UNIVERSITY DEGREE, WHO ARE IN THE FULL ENJOYMENT OF THEIR CIVIL AND POLITICAL RIGHTS.

FOR EACH ARBITRATOR, THE PARTIES SHALL APPOINT A REPLACEMENT, WHO SHALL BE SWORN IN IN THE SAME MANNER AS THE HOLDER, WHO SHALL TAKE HIS PLACE IN THE EVENT OF DEATH, RESIGNATION OR REMOVAL FROM OFFICE FOR A REASON OF RECUSAL. (11)

Art. 147.-PERSONS MAY NOT BE MEMBERS OF THE COURT OF ARBITRATION:

(a) PERSONS DIRECTLY OR INDIRECTLY INVOLVED IN REPRESENTATION OF THE PARTIES IN THE STAGES OF DIRECT OR CONCILIATION TREATMENT; AND,

(b) ANY PERSON LINKED TO ANY OF THE PARTIES, SUCH AS THEIR MANAGERS, PUBLIC SERVANTS, REPRESENTATIVES, ADVISORS, PROXIES OR LAWYERS

PERMANENT. (11)

Art. 148.-THE ARBITRATORS MAY BE CHALLENGED BEFORE THE PRESIDENT OF THE COURT OF

CIVIL SERVICE, WITHIN FORTY-EIGHT HOURS OF SWEARING IN AND SUCH OFFICIAL SHALL RESOLVE THE INCIDENT WITHIN THE NEXT FORTY-EIGHT HOURS. THIS RESOLUTION WILL ADMIT RECOURSE TO RECALL, PURSUANT TO ARTICLE 426 OF THE CODE OF

CIVIL PROCEEDINGS. (11)

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Art. 149.-THEY ARE CAUSES OF RECUSAL:

1ST) NOT TO GATHER THE NECESSARY REQUIREMENTS TO BE A MEMBER OF THE COURT OF ARBITRATION OR TO HAVE ANY OF THE IMPEDIMENTS NOTED IN ART. 147;

2ND) TO BE SPOUSE OR RELATIVE WITHIN THE FOURTH GRADE OF CONSANGUINITY OR SECOND OF AFFINITY OF THE REPRESENTATIVES, OFFICIALS, COUNCILORS,

MANAGERS, ADVISORS OR PROXIES; AND,

3RD) TO HAVE PROVEN INTEREST IN THE CONFLICT. (11)

Art. 150.-UPON GIVING POSSESSION TO THE MEMBERS OF THE ARBITRATION TRIBUNAL, THE PRESIDENT OF THE COURT OF CIVIL SERVICE SHALL DELIVER TO THE PRESIDENT OF THE COURT OF ARBITRATION ALL

THE BACKGROUND, REPORTS AND PROCEEDINGS OF THE CONCILIATION PROCEDURE. (11)

Art. 151. THE ARBITRATORS SHALL PROCEED AND SENTENCE ACCORDING TO THEIR

CONSCIENCE, WITH EQUITY AND WITHIN THE LIMITS SET FORTH IN ART. 119 OF THIS LAW, UNDER THE PENALTY OF NULLITY OF THE RESPECTIVE ARBITRAL AWARD.

THE COURT OF ARBITRATION MAY CARRY OUT THE INVESTIGATIONS IT CREATES NECESSARY FOR THE BEST SOLUTION OF THE QUESTIONS RAISED, SUCH AS TO REQUEST FROM THE PARTIES OR ITS REPRESENTATIVES THE INFORMATION THAT IT CONSIDERS APPROPRIATE TO ILLUSTRATE ITS JUDGMENT, ORDER INSPECTIONS AND EXPERT OPINIONS, QUESTION THE PARTIES AND RECEIVE STATEMENTS. (11)

Art. 152.-THE COURT OF ARBITRATION MUST NECESSARILY ACT, DELIBERATE AND RESOLVE WITH THE FULL ASSISTANCE OF ALL ITS MEMBERS AND ITS RESOLUTIONS SHALL BE ADOPTED BY

MAJORITY OF VOTES.

THE MEMBER WHO UNJUSTIFIABLY WILL NOT ATTEND THE COURT ' S PROCEEDINGS

OF ARBITRATION, WILL LOSE HIS OR HER FEES.

THE SECOND UNJUSTIFIED INATTENDANCE, WILL RESULT IN THE APPEARANCE OF THE ARBITRATOR,

FOR AWARD. (11)

Art. 153.-WITHIN FIVE DAYS OF THE TAKING OF POSSESSION, THE COURT

OF ARBITRATION SHALL BE AWARE OF THE HISTORY OF THE CONFLICT; IT SHALL RECEIVE THE EVIDENCE IT PROVIDES AND SHALL INDICATE THE PLACE, DAY AND TIME TO HEAR THE PARTIES. IN THIS HEARING THE AGREEMENT WILL BE TRIED FOR THE LAST TIME AND, IF IT WILL HAVE EFFECT,

IMMEDIATELY THE CIRCUMSTANTIAL ACT WILL BE LIFTED AND THE AGREEMENT WILL BE SUBMITTED TO THE APPROVAL OF THE RESPECTIVE UNION ASSEMBLY.

APPROVED AS THE CONTRACT, IT WILL BE SIGNED BY THE PARTIES, FOLLOWING THE REGISTRATION PROCEDURES IN THE CORRESPONDING REGISTRATION, THUS ENDING THE CONFLICT. (11)

Art. 154.-WITHIN THIRTY DAYS FROM THE DATE OF

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YOUR INTEGRATION, THE COURT WILL RULE THE RULING, WHICH WILL BE CALLED AN "ARBITRATION AWARD",

WHICH WILL BE SIGNED BY EACH MEMBER. IF ONE OF THEM REFUSES TO SIGN, MENTION WILL BE MADE OF THAT CIRCUMSTANCE, AND THE AWARD WILL HAVE THE SAME EFFECT AS IF IT HAD BEEN SIGNED BY ALL.

THE AWARD WILL NOT BE NULL AND VOID FOR RULING OUT OF THE TERM STATED IN THE PREVIOUS PARAGRAPH; BUT FOR THAT REASON, THE MEMBERS OF THE COURT OF ARBITRATION WILL LOSE THEIR

FEES. (11)

Art. 155.-THE AWARD SHALL BE NOTIFIED TO THE PARTIES AND SHALL NOT BE ADMISSIBLE. (11)

Art. 156.-THE AWARD ENDS THE COLLECTIVE CONFLICT AND HAS THE CHARACTER OF COLLECTIVE CONTRACT OF WORK; IT WILL BE ENTERED WITHOUT FURTHER PROCESSING OR DILIGENCE IN THE REGISTER

CORRESPONDING AND ITS VALIDITY WILL BE THREE YEARS COUNTED FROM THE INSCRIPTION. (11)

Art. 157.-THE AUTHORITIES, OFFICIALS AND, IN PARTICULAR, THE COURT OF CIVIL SERVICE, SHALL BE OBLIGED TO PROVIDE TO THE ARBITRAL TRIBUNAL, ALL ASSISTANCE, DATA, THE MATTER IN QUESTION, AND REPORTS WHICH IT REQUIRES FOR THE BEST PERFORMANCE OF ITS

FUNTIONS. (11)

Art. 158. THE FEES OF THE ARBITRATORS SHALL BE DETERMINED AND PAID BY THE COURT OF CIVIL SERVICE, AS THEY ARE PERSONS EXERCISING PUBLIC FUNCTIONS.

FOR THIS PURPOSE AND TO COVER THE COSTS INCURRED BY THE ARBITRAL TRIBUNALS, THE CORRESPONDING ITEM SHALL BE INCLUDED IN THE ANNUAL BUDGET. (11)

CHAPTER XIII FINAL AND EFFECTIVE (11)

Art. 159. THE PRESENT LAW SHALL PREVAIL OVER ANY OTHER LAW THAN THE CONTRARIE IN THIS MATTER. (11)

Art. 160.-THE LEGAL PROVISIONS CONTAINED IN THIS DECREE SHALL ENTER INTO FORCE TWELVE MONTHS AFTER THE DATE ON WHICH THE RATIFICATIONS OF THE INTERNATIONAL CONVENTIONS NUMBERS 87, 98, 135 AND 151 OF THE INTERNATIONAL LABOR ORGANIZATION,

HAVE THEY ARE REGISTERED BY THE DIRECTOR GENERAL OF THE ORGANIZATION, PRIOR TO THE PUBLICATION OF THOSE IN THE OFFICIAL JOURNAL AND THESE REFORMS. (11)

GIVEN AT THE PRESIDENTIAL HOUSE: San Salvador, at the twenty-four days of the month of November of a thousand nine hundred and sixty-one.

Feliciano Avelar.

Anibal Portillo.

Mariano Castro Moran.

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Jorge Mauricio Butter,

Minister of Justice.

D.O. No. 239

No. 193 Date: December 27, 1961

REFORMS:

(1) D.L. Nº 114, JULY 20, 1962; D.O. NO. 132, T. 196, JULY 20, 1962

(2) D.L. Nº 131, AUGUST 29, 1962; D.O. NO. 159, T. 196, SEPTEMBER 3, 1962.

(3) D.L. NO 230, DECEMBER 14, 1962; D.O. NO. 234, T. 197, DECEMBER 20, 1962.

(4) D.L. NO 231, DECEMBER 14, 1962; D.O. NO. 234, T. 197, DECEMBER 20, 1962. ERRATA FE:

D.L. Nº 238, JANUARY 8, 1963; D.O. NO. 9, T. 18, FEBRUARY 15, 1963.

(5) D.L. Nº 367, AUGUST 21, 1963; D.O. NO. 160, T. 200, AUGUST 29, 1963.

(6) D.L. Nº 109, SEPTEMBER 10, 1968; D.O. NO. 171, T. 220, SEPTEMBER 13, 1968.

(7) D.L. Nº 350, 20 MAY 1971; D.O. NO 102, T. 231, JUNE 7, 1971.

(8) D.L. Nº 462, OCTOBER 25, 1973; D.O. NO. 207, T. 241, NOVEMBER 8, 1973.

(9) D.L. Nº 457, JANUARY 29, 1976; D.O. NO 32, T. 250, FEBRUARY 17, 1976.

(10) D.L. Nº 678, DECEMBER 19, 2001; D.O. NO. 241, T. 353, DECEMBER 20, 2001.

(11) D.L. No. 78, AUGUST 24, 2006; D.O. No. 187, T. 373, OCTOBER 9, 2006.

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(12) D.L. No. 10, 20 MAY 2009;

D.O. No. 94, T. 383, MAY 25, 2009.

(13) D.L. No. 300, FEBRUARY 7, 2013;

D.O. No. 38, T. 398, FEBRUARY 25, 2013.

(14) D.L. N36,593, DECEMBER 18, 2013;

D.O. Nmiñe 12, T. 402, JANUARY 21, 2014.

VETOED DECREES:

D.L. Nº 1156, FEBRUARY 12, 2003;

D.L. Nº 138, SEPTEMBER 25, 2003;

CONSTITUTIONAL ROOM NOTE:

*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF JUDGMENT No. 123-2012, PUBLISHED IN D. O. No. 165, T. 408, OF SEPTEMBER 10, 2015, DECLARES THAT INC. 3 ° OF ART. 42 CONTRADICTS THE RIGHT OF HEARING ESTABLISHED IN ART. 11 INC. 1 ° OF THE CONSTITUTION, AND, BY IT HAS BEEN REPEALED BY IT UNDER THE CLAUSE SET OUT IN ITS ARTICLE 249. (JQ/12/10/15)

TRANSIENT PROVISIONS

TEMPORARY DISPOSITION CONCERNING THE FORM OF COMPENSATION PAYMENT (Two Quota) D.L. Nº 705, JANUARY 10, 2002;

D.O. NO 7, T. 354, JANUARY 11, 2002.

TEMPORARY DISPOSITION REGARDING CANCELLATION IN A SINGLE PAYMENT WITHIN NINETY DAYS OF THE VALIDITY OF THIS DECREE, TO EX-OFFICIALS AND EX-EMPLOYEES OF THE PUBLIC ADMINISTRATION WHO ARE

TERMINATE YOUR CONTRACT OR DELETE YOUR PLACES. D.L. Nº 1135, JANUARY 29, 2003; D.O. NO. 27, T. 358, FEBRUARY 11, 2003.

NGCL 30/10/07

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RM 08/07/09

SV 19/03/13

JQ 25/02/14

JQ 12/10/15

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