SUPREME DECRET
Nº 311-2022-EF
THE PRESIDENT OF THE REPUBLIC
CONSIDERING:
That, numeral 62.1 of article 62 of Law No. 31638, Public Sector Budget Law for Fiscal Year 2023, authorizes the Ministry of Economy and Finance, so that by means of a supreme decree endorsed by the Minister of Economy and Finance, at the proposal of the General Directorate of Fiscal Management of Human Resources, approve the monthly increase of the servers of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091, agreed in clause Twenty-sixth of the Centralized Collective Agreement 2022-2023, signed within the framework of Law No. 31188, Law on Collective Bargaining in the State Sector, the Twenty-fourth Final Complementary Provision of Law No. 31365, Law on the Public Sector Budget for the Year Fiscal 2022 and Supreme Decree No. 008-2022-PCM, Supreme Decree approving Guidelines for the implementation of Law No. 31188, Law of Collective Bargaining in the State Sector;
That, numeral 62.2 of article 62 of Law No. 31638, Public Sector Budget Law for Fiscal Year 2023, authorizes the Ministry of Economy and Finance to, by supreme decree endorsed by the Minister of Economy and Finance, at the proposal of the General Directorate of Fiscal Management of Human Resources, approve the monthly increase of managers and officials of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091; as well as the criteria and other provisions necessary for its implementation;
That, for the purposes of implementing the provisions of numerals 62.1 and 62.2 of Law No. 31638, Public Sector Budget Law for Fiscal Year 2023, is exempt from the provisions of article 6 of Law No. 31365, Law of the Public Sector Budget for Fiscal Year 2022 and article 6 of the aforementioned Law No. 31638;
That, considering the foregoing, it is necessary to approve the monthly increase of the servers, managers and officials of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091; as well as dictate the criteria and other provisions necessary for its implementation;
In accordance with the provisions of article 62 of Law No. 31638, Public Sector Budget Law for Fiscal Year 2023;
DECREE:
Article 1. Approval of the monthly increase of servers, managers and officials of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091
Approve the monthly increase of the servers, managers and officials of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091, as detailed in the following table:
|
Labor Regimel |
Monthly increase S/ |
|
Legislative Decree No. 728 |
51,11 |
|
Legislative Decree No. 1057 (CAS) |
64,19 |
|
Law No. 30057, Civil Service Law |
52,21 |
|
Law No. 29709, Law of the Special Public Penitentiary Career |
55,67 |
|
Law No. 28091, Law of the Diplomatic Service of the Republic |
55,67 |
In case the total monthly income that includes the increase approved in the preceding table, exceeds the amount of S/ 15,600.00 (FIFTEEN THOUSAND SIX HUNDRED AND 00/100 SOLES), the amount of the monthly increase is adjusted to said limit.
Article 2. Characteristics of the monthly increase
The monthly increase approved in article 1 of this Supreme Decree, has a remunerative nature, is of a pensionable nature, is subject to social charges and constitutes the calculation basis for the corresponding labor benefits.
Article 3. Conditions for granting the monthly increase
For the granting of the monthly increase approved in article 1 of this Supreme Decree, the following conditions are observed:
a. In the entities of the National Government and in the regional governments, the beneficiary servants must be registered in the Computer Application for the Centralized Registry of Payrolls and Data of the Human Resources of the Public Sector (AIRHSP) of the Ministry of Economy and Finance.
b. The total monthly income of the server must not exceed the amount of S/ 15,600.00 (FIFTEEN THOUSAND SIX HUNDRED AND 00/100 SOLES), in accordance with article 2 of Emergency Decree No. 038-2006.
Article 4. Monthly increase of servers, managers and officials
The monthly increase of the servers, managers and officials of the regimes of Legislative Decrees No. 728 and No. 1057, as well as Laws No. 30057, No. 29709 and No. 28091, approved in article 1 of this Supreme Decree, constitutes a concept independent of the income they receive and is included in the payroll.
Article 5. Registration in the Computer Application
In the case of entities of the National Government and regional governments, the General Directorate of Fiscal Management of Human Resources of the Ministry of Economy and Finance proceeds ex officio to register the concepts approved in article 1 of this Supreme Decree in the Computer Application for the Centralized Registry of Payrolls and Data of Human Resources in the Public Sector (AIRHSP).
Article 6. Financing
6.1 The financing of what is established in this Supreme Decree is charged to the institutional budget of the respective entities.
6.2 In the case of public entities referred to in article 72 of Legislative Decree No. 1440, Legislative Decree of the National Public Budget System, local governments and Decentralized Public Bodies of regional and local governments, if applicable, the expense incurred by the implementation of the provisions of this supreme decree is financed from their respective institutional budgets, without requiring additional resources from the Public Treasury.
Article 7. Validity
This Supreme Decree enters into force on January 1, 2023.
Article 8. Endorsement
This Supreme Decree is endorsed by the Minister of Economy and Finance.
Given at the Government House, in Lima, on the twenty-fourth day of December of the year two thousand and twenty-two.
DINA ERCILIA BOLUARTE ZEGARRA
President of the Republic
ALEX ALONSO CONTRERAS MIRANDA
Minister of Economy and Finance
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