Reglamento 0 (Instituto Costarricense de Pesca y Acuicultura, 30/05/2014) — INCOPESCA Zoning and Regionalization Incentive Regulation

Zoning and Regionalization Incentive Regulations for Officials of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) (Agreement AJDIP/174-2014) Full Text of the Standard 0 Full Text of the Act: FC78D COSTA RICAN INSTITUTE OF FISHERIES AND AQUACULTURE AJDIP/174-2014.—Puntarenas, on the thirtieth day of May, two thousand fourteen.

1That through Agreement No. AJDIP/159-2002 published in the Official Gazette La Gaceta No. 131 of July 9, 2002, the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA), using the powers conferred by Law No. 7384 of its creation, approved the Zoning and Regionalization Incentive Regulations for the officials of said institution, in order to have a legal instrument that allows the official to be granted the greatest possible facilities and comforts in the performance of their duties, when having to relocate or reside permanently in remote areas, thereby sacrificing the advantages that enjoying all the services offered by the capital would represent.
2That the Office of the Comptroller General of the Republic is the entity responsible for periodically establishing maximum and minimum amounts to be paid for zoning (zonaje), taking into account the cost of living.
3That in many cases, the official must move their family to live with them at their place of work, which is why, upon receiving zoning (zonaje), they lose that compensation and it entails them having to incur significant expenses for that move, a situation that also merits regulation.
4That in the majority of cases, the regionalized official who inhabits a dwelling house, apartment, or room provided by INCOPESCA performs the function of a watchman by living adjacent to offices and warehouses belonging to this Institution and, on occasion, must attend to inquiries from users requiring their services during non-working hours or days.
5That regardless of the official's place of residence, due to the nature of their competencies and their work, they must constantly and directly interact with fishers and aquaculturists, which is why they must travel to different areas of the country, in many cases far from urban centers, even renouncing their legal domicile (domicilio legal) and with it, the facilities and comforts of the city, for which they deserve the encouragement of society and the Institution for which they work.
6That according to studies conducted jointly by the General Administrative Directorate and the Legal Advisory Office of INCOPESCA, it has been possible to determine that the maximum amount of zoning (zonaje) authorized by the Office of the Comptroller General of the Republic in all those places where the institution has offices and which are eligible for its recognition, barely minimally covers the costs generated by the official's relocation.
7That it is necessary to make modifications to the current regulations, with the purpose of adapting them to the current reality, especially since they have not been modified since their enactment and that it is necessary, by reason of the preceding considerandos, to adapt them in the interest of offering the greatest possible facilities and comforts to its officials, so that they can adequately fulfill and perform their duties and thereby, promote a better public service in favor of the National Fisheries and Aquaculture Sector. Therefore,

1º—The Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture, using its powers conferred by Law No. 7384 for the Creation of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA), of March 16, 1994, published in the Official Gazette La Gaceta No. 62 of March 29 of the same year, in its Article 17, subsection g), approves the following:

ZONING AND REGIONALIZATION INCENTIVE REGULATIONS FOR OFFICIALS OF THE COSTA RICAN INSTITUTE OF FISHERIES AND AQUACULTURE (INCOPESCA)

Considering:

a)Zoning (Zonaje): Additional economic compensation recognized to the official who, for institutional interest, must relocate to provide their services in an area with conditions different from those of their legal domicile (domicilio legal) that affect their well-being, or who remain outside the territorial circumscription of their work headquarters to which they belong for more than one month continuously.
b)Regionalization Incentive (Incentivo por Regionalización): Additional economic compensation recognized to officials who remain in their usual territorial circumscription coinciding with their legal domicile (domicilio legal), thereby benefiting INCOPESCA and the country with the advantage represented by working in an area of their full knowledge; it will be equivalent to 50% of the maximum amount designated by the Office of the Comptroller General of the Republic for zoning (zonaje) payment. This benefit may only be granted to those officials protected by Transitory Provision One of Law No. 7384 for the Creation of INCOPESCA of March 16, 1994, published in the Official Gazette La Gaceta No. 62 of March 29 of the same year.
c)Legal Domicile (Domicilio Legal): It is the place where the official resides permanently for the exercise of their rights and the fulfillment of their obligations, even if they are not actually present there, and in a relationship with the intention of a lasting connection in familial, patrimonial, and labor aspects, and corresponds to the last place of residence registered by the official in their personnel file.
d)Work Residence (Residencia laboral): It is the place in which the official, for a merely labor-related matter, habitually resides accidentally, or momentarily, or provisionally without their family nucleus (núcleo familiar), to carry out the duties required by the Institution, without necessarily having to change their legal domicile (domicilio legal).
e)Family Nucleus (Núcleo Familiar): It is the group of persons legally linked to each other by kinship, under the bonds of matrimony, de facto relationships, or consensual union.

90-S.C. of December 13, 1965, the zoning (zonaje) payment may be recognized for those officials who, having their legal domicile (domicilio legal) in the Islands of the Gulf of Nicoya, must provide their services in the Central Canton of Puntarenas.

The recognition of zoning (zonaje) payment or regionalization incentive (incentivo por regionalización) shall be made through a Personnel Action issued by the Human Resources Section of INCOPESCA.

Any variation regarding the legal domicile (domicilio legal) and/or work residence (residencia laboral) that could produce modifications in the amount of the benefit granted, must be communicated by the official or by the immediate Supervisors to the Human Resources Section, in writing within a period not exceeding 15 working days from the knowledge of such facts and conditions; otherwise, the official and the Supervisors may become subject to the civil disciplinary consequences that said omission may cause.

Likewise, the person who has been paid sums in excess without entitlement must reimburse them to the resources of INCOPESCA, respecting due process for such purposes.

In these cases, the benefit must be used solely by the official, and must not be shared with family members or unauthorized third parties.

The benefit of inhabiting a house, apartment, or bedroom shall result in a deduction of 15% from the official's zoning (zonaje) or regionalization incentive (incentivo por regionalización) amount.

In this sense, the zoning (zonaje) payment shall be suspended when the circumstances that motivated its authorization are modified; in such a case, the official must be notified at least thirty days in advance of the date on which the measure will become effective.