emoluments MUNICIPAL OFFICIALS II
By: Attorney Eduardo Lara Salazar
edularalaw@gmail.com
For many years the council tried to get some benefits of an labor, opposed to what the city comptroller, because they argued that those were not paid wages and, therefore, could not be subjected to them.
The controllers' argument was based on the emoluments received as council members is a diet. Following the meaning in the Dictionary of Legal Sciences, Social Policy and Manuel Ossorio, indicates that it is "... fees that accrue officials of various kinds during the days that make a commission entrusted to them", another of the meanings is "... allowance given to those running committees or commissions for each day dealing with them, or the time spent doing ... "
If this definition is compared with the pay, referred to the Labour Act (1997), which says: "The term salary compensation, benefit or advantage, whatever their denomination or calculated, capable of being expressed in cash, which corresponds to the worker for the provision of service and, among others, includes commissions, bonuses, gratuities, benefits or participation in profits, bonuses, vacation bonus, and surcharges for public holidays, overtime or night work , food or shelter ... "is evidence that diet is not expressly included within the definition contained in this legal and if there is no salary, much less pay or collect incidence concepts whose base is the wage for labor. This also binds non-workers, but public officials chosen by popular election, as diets are not recognized which affect the pay or benefits social.
picked up the idea of \u200b\u200bemolument, the diet itself is included here because it is caused by local parliamentary workshop.
This whole argument based on the spot put to many receivers municipal prosecutors, because no thought for lawmakers since taking as source or argument expressed by the Comptroller General of the Republic, which has never budge on the refusal to the council.
The word diet is outlined in the Organic Law of Municipal Public Power (LOPPM, 2010), referring to the Selectmen when he says which, if not present "... the surrender of his legislative and political management of the previous year ... the diet will be suspended until his presentation ..." (emphasis mine).
apparently with the approval of the Organic Law of Emoluments, Pensions and Retirement of Senior Officials and senior officials of government (LOEPJAFPP, 2011), the council - because of those who are popularly elected via - opens the door to legitimate aspiration of these public servants, with the conditions it lays down, in addition to not be eligible retroactively in accordance with the constitutional principle. It also closed the long list of resources for interpretation and validity trainees in the highest court ruling pending.
There are some curious aspects to the LOEPJAFPP in revealing the amounts received by public officials whom it regulates, as given pubic nature, ie one can know, with the exceptions that for security reasons and defense of the nation established by the regulations of this Act In addition, the payroll shall be appropriated annually to the comptroller, without prejudice to the powers of the Ethics Council. Also in the estimates must be seen subheadings to disclose the payment of emoluments and benefits of senior officials, such as high-level management.
For the payment of emoluments will be made through bank accounts in state-owned financial institutions, unless there are no agencies in their jurisdiction.
also ordered the implementation of control and monitoring mechanisms. Moreover, the wage adjustment when it is perceived above the ceilings set by the LOEPJAFPP without prejudice to the determination of the different types of liability, including disqualification from public office, under with the provisions of the Organic Law of the Comptroller General's Office and the National Fiscal Control System (2010).
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", "On the Organization and Management Municipal ", among others, which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Legal Municipal Law), for more information about the subject matter hereof.
Another time he will address other topics on the subject.
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