emoluments MUNICIPAL OFFICIALS
I By: Attorney Eduardo Lara Salazar
Following
the classification of public servants, the legislature passed the Organic Law of Emoluments, Pensions and Retirements of senior officials and senior officials of government (LOEPJAFPP, 2011), since this matter has resulted in many disputes at the municipal level, especially with the councilors, mayors and comptrollers municipal prosecutors.
regard, this legislation is to regulate and establish maximum limits on the compensation, pension, retirement and other benefits paid or unpaid character of senior officials, senior staff and branch management public and popular election, which must be fixed according to population, economic situation, bound and executed budget, own revenues, funds available to that account without affecting the investment costs and the territorial scope of municipality.
applies in the central and decentralized levels.
The Constitution of the Bolivarian Republic of Venezuela (1999) notes that public offices are running, meaning those who - according to the Law of Civil Status (EPFL, 2002) - are obtained after be conferred the appointment, to overcome the public tender and the trial period, to provide paid services permanently, with the exception of popular election, appointment and removal, for which leaves its regulation at the legislative level.
For its part, continues the EPFL, the other category to limit, corresponds to the so-called charges of appointment and removal - as the name tells you - being of two types: high confidence level.
positions of trust are called to those whose duties require a high degree of confidentiality in the offices of the highest authorities, and those whose duties include activities of state security, audit and inspection, fees, among others.
Senior officials at the municipal level, according to LOEPJAFPP are municipal mayors, district or metropolitan, municipal councilors, or metropolitan district, municipal comptroller, district attorneys or city and municipal mayors. It is worth remembering that in the case of Caracas, under the Special Law of Municipal Regime 2 level of the Metropolitan Area of \u200b\u200bCaracas (2009) there is no figure of Trustee Attorney Metropolitan or Metropolitan Attorney, for having arranged this cease to hold office after the enactment of this Act, as it had in the Special Law on the Regime of the Metropolitan District of Caracas (2000), corresponding legal representation to the Attorney General's Office.
While states that are EPFL high-level officials are members of the boards of the autonomous institutes, directors of the municipality and autonomous institutes and other charges in the same hierarchy.
The LOEPJAFPP defines emoluments as pay, assignment, whatever it is and its method of calculation, with or without pay status, provided that cash can be assessed and appropriate senior officials, senior staff level and direction of the Public Power and elected on the occasion of its services. Include wages, salaries, allowances, bonuses, bonuses, perks, bonuses, vacation bonus, bonus end of the year and monetary or in kind of any kind. As is clear from this definition is awarded the right to receive a bonus for holiday, every year of service or fraction actually provided for up to a maximum of forty days monthly wage or salary. Additionally, they will be entitled to a year-end bonus for each year of service or fraction active calendar for not exceeding ninety days of full salary or wage.
I would suggest revising the Labour Law (1997) for the purpose of defining the concepts of salary, normal wages, salaries and other integral.
There is a provision that prohibits senior officials, high level, management, earning commissions for the exercise of their public duties.
The LOEPJAFPP recognizes elected officials the right to retire at all levels, and may not exceed three months' retirement or pension in the event of the year-end bonus.
reader is suggested to take a look at other articles that I wrote called "System of municipal staff," "City and Budget" "Municipality and Planning", "City Comptroller" From the Municipal Organization and Management ", among others, which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law), to More information about the subject matter hereof.
Another time he will address other topics on the subject.
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