He Congress of the Republic of Peru approved in December the Law No. 32199 in, which introduces modifications to the working conditions of the public sector. This rule, published in the Official Gazette El Peruano, establishes new provisions on the Licenses without enjoyingthe Service time compensation (CTS) and the age limit for work continuity in the state.
These modifications directly impact workers subject to Legislative Decree No. 276that regulates the administrative career in the public sector. The implementation of these changes seeks to clarify and expand the rights of public servants, guaranteeing a more defined legal framework in terms of licenses, compensation and labor withdrawal.
New provisions on licenses without enjoying in the public sector
The Law No. 32199 states that public servants may request Licenses without enjoying For a maximum period of three years, either continuously or discontinuously, within a period of five years. This change allows greater flexibility for workers who need to be absent from their functions for justified personal reasons.
Previously, the periods of license without enjoyment were more restricted, which could represent difficulties for those employees who needed to extend their absence. With this modification, a broader and adequate regulation is provided to the current needs of state servants, guaranteeing that prolonged absences do not generate inconveniences in their reincorporation to the public service.
Update in the calculation of the CTS: amount and conditions
As for the Service time compensation (CTS)Law No. 32199 establishes that the amount to be granted will be equivalent to 100% of the total remuneration for each full year of services or fraction greater than six months. This change applies from the entry of the worker to the cessation date.
The norm also indicates that, in case of re -entry to the public sector, the worker may not accumulate prior services for the new calculation of the CTS. In addition, the total remuneration considered for the calculation of the CTS will only include the concepts perceived permanently until the month of cessation, excluding possible income or extraordinary bonuses.
Age limit for the cessation of functions in the public sector
One of the most relevant changes of the Law No. 32199 is the setting of the age of 70 years for the permanence in the public sector. However, the norm allows workers to continue in their position until December 31 of the year in which they fulfill this age.
This adjustment seeks to standardize retirement by age in all state entities and provide a uniform regulatory framework for the cessation of functions. The previous regulation did not establish a homogeneous criterion, which generated variations in the application of the limit age according to the entity or the current labor regime.
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Source: Larepublica

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