LAW NO. 2027 LAW OF OCTOBER 27, 1999 HUGO BANZER SUÁREZ PRESIDENT OF THE HONORABLE NATIONAL CONGRESS, THE REPUBLIC DECREES: STATUTE OF THE OFFICIAL PUBLIC TITLE PRELIMINARY PRINCIPLES ARTICLE 1 (PRINCIPLES). This statute is governed by the following principles: a) exclusive service to the interests of the community and not of bias or any political party.
(b) submission to the political Constitution of the State, the law and the legal system.
(c) recognition of the right of citizens to take public positions.
(d) recognition of merit, ability and fitness officer.
(e) equality of opportunity, without discrimination of any nature.
(f) recognition of efficiency, competition and efficiency in the performance of public functions for results management.
(g) training and development of public servants.
(h) honesty and ethics in the performance of the public service.
(i) management by results.
(j) responsibility for the civil service.
TITLE I PROVISIONS GENERAL CHAPTER UNIQUE OBJECT, SCOPE OF APPLICATION AND PRINCIPLES ARTICLE 2 ° (OBJECT). This statute, in the framework of the provisions of the political Constitution of the State, has intended to regulate the relationship of the State with its public servants, ensure the development of the Administration career and dignity, transparency, effectiveness and vocation of service to the community in the exercise of the public service, as well as promoting its efficient performance and productivity.
ARTICLE 3 º (SCOPE OF APPLICATION).
I. scope of the present Statute covers all public servants serving in dependent relationship with any entity of the State, regardless of the source of their remuneration.
II. are also included in the scope of the present Statute public servants serving in the autonomous self-governing and decentralized public entities.
III. administrative careers in municipal governments, public universities and Judicial ranks of the judiciary, career Prosecutor of the public prosecutor's Office, foreign service and ranking diplomat, teaching public service of public health and Social Security, shall be governed by the special legislation in the framework established in this Statute.
IV. the servers public dependent of them forces armed and police national will be only subject to the chapter III of the title II and to the title V of the present Statute.
TITLE II SERVER PUBLIC CHAPTER I GENERAL PROVISIONS ARTICLE 4 (SERVER PUBLIC). Public servant is a single person, that regardless of their hierarchy and quality, provides services in dependency ratio to an entity subject to the scope of application of this law. The term Server public, for effects of this law, is refers also to them dignitaries, officials and employees public u others people that provide services in relationship of dependency with entities State, any is the source of its remuneration.
5 ARTICLE (CLASSES OF PUBLIC SERVANTS). Public servants are classified into: a) elected officials: are those people whose public service originates in an election process provided for in the political Constitution of the State. These officials not are subject to the provisions relating to the career administrative and regime work of the present Statute.
(b) designated officials: are those people whose public function emerges from an appointment to public office, in accordance with the political Constitution of the State, legal provision or applicable administrative organization system. These officials are not subject to the provisions relating to the career of this Statute.
(c) officials of free appointment: are those persons who perform administrative functions of confidence and technical expert advice for elected or appointed officials. The personnel management system, in coordination with the systems of administrative organization and budget, will determine the number and specific attributions and the budget allocated for this purpose. These officials are not subject to the provisions relating to the career of this Statute.
(d) officials of race: are those that are part of the public administration, whose incorporation and permanency conforms to the provisions of the administrative career that are established in this Statute.
(e) interim officers: are those who, on a provisional basis and for a non-extendable and maximum period of 90 days, occupy public offices planned for the administrative career, as long as their performance is not possible by career in accordance with the present statutes and regulations.
ARTICLE 6 (OTHERS THAT PROVIDE SERVICES TO THE STATE). They are not subject to the present statute or to the General labour law, those people that, with any character or for the provision of specific or specialized services, be contractually linked with a public entity, while their rights and obligations regulated in the respective contract and applicable law and whose procedures, requirements, conditions and forms of employment are regulated by the basic standards of the management system of goods and services.
CHAPTER II RIGHTS AND OBLIGATIONS ARTICLE 7 (RIGHTS).
I. the public servers have the following rights: to) perform functions or tasks inherent to the exercise of his office.
(b) to the enjoyment of fair remuneration, corresponding with the responsibility of his position and the efficiency of its performance.
(c) to respect and consideration for their personal dignity in the function.
(d) to the enjoyment of holidays, licenses, permits and other benefits in accordance with the present Statute and the respective regulations.
(e) to the perception of retirement pensions, as well as disability and survival to their successors in title.
(f) to the right to health benefits.
(g) that provided the material resources needed for the performance of their duties.
II. the career officials will also have the following rights: to) to the administrative career and stability, inspired by the recognition demerit principles, evaluation of performance, capacity and equality.
(b) a training and technical or vocational training under the conditions provided for in this Statute.
(c) to challenge, as provided in this Act and its regulations, administrative decisions affecting situations regarding their income, promotion or retirement, or those arising from disciplinary proceedings).
d) to represent in writing, before the corresponding, hierarchical authority determinations judged to be violation of any of his rights.
e) to receive and timely information of the institutional authorities on aspects that may affect the performance of their functions.
(f) to represent founded, noting the hierarchical via corresponding instructions that considers technical, legal or administrative inadequate, which could result in damage to the entity.
(g) to the enjoyment of special economic incentives, in accordance with the provisions set out in this Statute.
(h) to receive the necessary protection in the field of health and safety at work.
III. the rights recognized for public servants in the present Statute and its legal system, exclude other rights set forth in the General labour law and other provisions of the labour regime that applies only to workers.
ARTICLE 8 (DUTIES). Public servants have the following duties: to) respect and comply with the policy of the State Constitution, laws and other legal provisions.
(b) develop its functions, powers and duties administrative, with punctuality, speed, economy, efficiency, probity and full submission to the political Constitution of the State, the laws and the national legal systems.
(c) abide by the determinations of their superiors, framed in law.
(d) comply with the established working time.
(e) serve with diligence and resolve with efficiency requirements of the managed.
(f) maintain reserve about Affairs and information, previously established as confidential, known because of his official work.
(g) to ensure the efficient and economic use of goods and materials intended for their administrative activity.
(h) keep and maintain documentation and files under their custody, as well as provide timely and reliable information, the issues inherent in their function.
(i) comply with the regulatory provisions relating to safety and hygiene at work.
(j) submit affidavits of their property and income in accordance with the present statutes and regulations.
(k) state the degree of kinship or marriage link is designated, or elected officials serving in the administration.
(l) excuse themselves participate in committees of selection of career entry, as there is with applicants bonding or degree of kinship to the third degree of consanguinity and second of affinity inclusive, in accordance with the established in the family code computation.
ARTICLE 9 (PROHIBITIONS). Public servants are subject to the following prohibitions: to) exercise powers or functions outside its competence.
(b) political party and activities of particular interest during the workday or in the exercise of their functions.
(c) used goods property, furniture or in particular political objectives or any other public resources that are not compatible with specified activity officer.
(d) carry out or encourage actions that affect, damage or causing damage to movable property, materials or of administration.
(e) promote or participate directly or indirectly in practices aimed at achieving illegal advantages.
(f) participate in procedures or formalities which have direct interest.
(g) to achieve favors or benefits in procedures or formalities for himself or for a third party responsible.
(h) have or use information previously established as confidential and reserved in purposes different to those of their function administrative.
ARTICLE 10º (CONFLICT OF INTEREST). Public servants may not direct, administer, advise, sponsor, represent or provide services, paid or not, individual or collective persons managing any kind of procedures, licenses, permits, concessions, privileges or seek to enter into agreements of any kind, with the institutions of the public administration.
ARTICLE 11 (INCOMPATIBILITIES).
I. the public servers are subject to the following incompatibilities: to) exercise more than one remunerated activity in the public administration.
b) conduct business or celebrate private, closely related contracts or contracts with the performance of their duties in the role public.
II. in addition to be subject to it designated in the numeral I of the present article, them officials of career not may exercise functions in the same entity, when there is a bonding marriage or grade of kinship until second grade of consanguinity and second of affinity according to the computation established by the code of family.
III. officials of the teaching career to the service of public education, health services in rural areas and foreign service, are excluded from the incompatibility referred to in paragraph II of this article.
IV. them teaching University, them master of the Magisterium fiscal, them professional medical and paramedics, dependent of the service of health, as well as those people that perform activities cultural or artistic, may meet functions paid in different entities of the Administration public, whenever keep its compatibility time.
V. exceptionally the Superintendent of Civil Service may authorize the exercise of functions of career officials having the degree of relatedness concerning the paragraph II of this article in case justified, provided that these officials have demonstrated the merits for his entry into the race.
CHAPTER III ETHICS PUBLISHES ARTICLE 12 (PRINCIPLES). Public activity should be inspired by principles and ethical values of integrity, impartiality, integrity, transparency, responsibility and efficiency officer that guarantee a proper service to the community.
ARTICLE 13 ° (PROMOTION OF CODES OF ETHICS). Public entities shall promote policies and rules of conduct governed by ethical principles and values that guide the personal and professional performance of your servers and the relationship with the community. Any public entity shall obligatorily take a code of ethics, which is prepared by the same entity or another entity related, according to the system of administrative organization.
Is must implement mechanisms that ensure the evaluation practice of them provisions of the codes of ethics, so their results contribute to its development, strengthening and effective application.
Public servants are inexcusably subject to the respective institutional ethics code from the beginning of his official activity.
ARTICLE 14 (GIFTS AND OTHER GIFTS). Them servers public are prohibited of accept, of any person individual or collective, public or private, national or foreign, gifts, gifts, benefits u another type of gifts, oriented to favor direct or indirectly them steps to your charge or do assert influences before others servers public with purposes similar, without prejudice of the sanctions criminal.
ARTICLE 15 (EXCEPTIONS). Public servants shall not be prevented from receiving gifts, gifts or honors Protocol of Governments or international organizations, in the conditions in which the law or the official custom support it.
The Superintendent of Civil Service Regulations will determine the kind of present that can be incorporated into the heritage of the State, according to its characteristic and value.
CHAPTER IV RESPONSIBILITY AND DISCIPLINARY REGIME ARTICLE 16 (RESPONSIBILITY FOR THE PUBLIC SERVICE). All public servant subject to the scope of the scope of the present law, irrespective of hierarchy, assumes full responsibility for their actions or omissions, and must, in accordance with applicable legal provision, accountable to the authority or instance corresponding, by way of their performance officer and the results obtained by the same.
Elected officials, the designated ones, those of free appointment and officers of career of the highest hierarchical level, either individual or collective, in addition respond correct and transparent administration of the entity in charge, as well as the reasonable results of their management in terms of effectiveness, economy and efficiency.
ARTICLE 17 (DISCIPLINARY REGIME). The disciplinary system defines the treatment to the situations that contravene this Charter, administrative law and regulations governing the conduct officer in each entity. They are governed by provisions of the regime of responsibility by public service regulated by the law No 1178, of administration and Control Government and its regulatory provisions.
TITLE III ADMINISTRATIVE CAREER CHAPTER I GENERAL PROVISIONS ARTICLE 18 (SETTLEMENT OF THE ADMINISTRATIVE CAREER). Sets the administrative career with the objective of promoting the efficiency of the public administrative activity in service of community, labor officials of career development and the permanence of these conditional to his performance. The administrative career is articulated through the personnel management system.
CHAPTER II PROVISION ARTICLE 19 (STAFFING PROCESSES). Staffing for the exercise of a public function in the certain posts for career officials, will understand functions of quantification of demand for staff, individual annual operational programming, assessment of job and compensation, recruitment, selection, induction or integration. Its modalities, conditions and procedures are subject to provisions of this Statute, the basic rules of the body system of staff and specific regulations.
ITEM 20 ° (QUANTIFICATION OF THE DEMAND OF PERSONNEL). Demand and staff of each public entity requirements will be quantified and determined in relation to its objectives. To the effect, these quantified and will determine them positions of work actually required, taking in has them systems of programming of operations and Organization Administrative planned by the law not. 1178, of administration and Control Government.
ARTICLE 21 ° (INDIVIDUAL OPERATIONAL PROGRAMMING - ANNUAL). Individual-anual operational programming of each entity, establish and define the objectives for each position and the expected performance results. The procedures and conditions are subject to those laid down in the basic rules of the body system of staff and specific regulations.
ARTICLE 22 ° (JOB EVALUATION AND COMPENSATION). Institutions, through the assessment of jobs and compensation function, technically determine the scope, importance and desirability of each position, assigning a fair remuneration linked to the national labour market, the availability of resources and budgetary policies of the State.
ARTICLE 23 ° (RECRUITMENT).
The processes of recruitment of staff in public entities included in the scope of the present Statute, shall be founded on the principles of merit, competence and transparency, through procedures that guarantee equal conditions of selection.
II. staff recruitment procedures should be performed through calls internal and external.
ARTICLE 24 (SELECTION). The selection of career and consequent entry into the public service officials, will be held on the basis of suitability, fitness and occupational and personal background, prior compliance with recruitment procedures set forth in these bylaws and the applicable regulations.
ARTICLE 25º (INDUCTION OR INTEGRATION).
I. for the purposes of procure an effective, efficient and convenient adaptation, them officials of race that are selected to develop a new function public, will be subject to a period of induction and orientation of their recent tasks.
II. them officials of career built-in to the exercise of the function public or promoted, according to the present Statute, is subject to an evaluation of confirmation according to regulations, of whose result will depend on your incorporation or promotion final.
ARTICLE 26 ° (PROHIBITION AND SANCTIONS). The maximum authorities Executive of the entities
public that they recruit, incorporate or recruit staff and have their remuneration, violating processes that comprise the staffing and the regulations provided for in this Statute and regulations, may be subjects of civil responsibility with charges of economic damage to the State, without prejudice to other responsibilities provided for by law No. 1178.
CHAPTER III OF THE EVALUATION, MOBILITY AND PROMOTION ARTICLE 27 (OBLIGATION OF EVALUATION). Public entities, in mandatory form, schedule and lead processes of evaluation of performance of its officials of race, in the form and conditions indicated in the present Statute, the basic rules of the body system of staff and specific regulations.
Breach of the evaluation processes, generate administrative responsibility to the highest executive authority, regardless of the obligation to make evaluations.
28 ARTICLE (PRINCIPLES OF EVALUATION). Race officials performance evaluation processes, will be carried out on a regular basis and are based on aspects of equal participation, opportunity, fairness, advertising, transparency, measurability and verifiability.
The objectives of the evaluations must be previously certain by each entity and be advance of knowledge of them servers evaluated.
The parameters for assessing the performance of official shall include, among others, efficiency, effectiveness, initiatives, works developed and the results achieved.
Public authorities subject to the scope of the present Statute, shall regulate its assessment processes pursuant to this law, the basic rules of the body system of staff and regulations issued by the governing body.
ARTICLE 29 (RETENTION AND REMOVAL). The permanence and the removal of race officials, will be conditioned to the fulfillment of the processes of evaluation of performance in accordance with this Statute, the basic rules of the body system of staff and regulations.
ARTICLE 30 ° (MOBILITY). The mobility of them officials of career to posts of similar valuation will notice them modalities, requirements and procedures established in the standards basic of the system of administration of Personal and provisions regulatory specific.
ITEM 31 ° (PROMOTION). The processes of promotion of them officials of career, is founded in the equality of opportunity of participation, the capacity in the performance and its advertising and transparency.
ARTICLE 32º (AVAILABILITY OF CHARGES). The promotion of career officers will be conditioned to the actual availability of public officials, in accordance with the requirements and needs of each entity within the framework of the system of administrative organization.
ARTICLE 33 ° (GENERAL TERMS AND CONDITIONS OF PROMOTION). The processes of promotion can contemplate modalities that consider the participation of officials of career through calls internal. The processes of promotion to the highest hierarchical levels of the Administration career must be necessarily carried out through internal and external calls.
Public entities will develop processes for the promotion of its career officials in the form and conditions that point to the basic rules of the body system of staff and specific regulations.
CHAPTER IV TRAINING PRODUCTIVE ARTICLE 34 ° (TRAINING PRODUCTIVE). The training and development in the administrative career aims specialization, training and improvement of human resources and the development of the condition of personal, professional and administrative career officials, linked to the achievement of the objectives set out in the programme of operations of each entity.
ARTICLE 35º (TRAINING PROGRAMS). The implementation of programs of training will take in has the availability of resources economic of each entity, the selectivity and relevance of them beneficiaries and the measurability in them evaluations of performance.
The coordination and regulation of training programs will be accomplished through the basic rules of the personnel administration system and the respective special provisions.
ARTICLE 36º (CONTROL BY TRAINING). The investment of economic resources in programs and training activities, the executive decisions authorizing them and taking advantage of the beneficiaries, shall be subject to monitoring and evaluation results, in accordance with the parameters defined by the governing body.
CHAPTER V INCENTIVES AND PENALTIES ARTICLE 37 (INCENTIVE OR MOTIVATION).
I race officials, may receive incentives based on the results of its performance assessments that reflect excellence and suitability, capacity, motivation and efficiency indicators.
II. organ governing personnel administration system, shall determine, in coordination with the Rector organ of the budget system, the legal basis for the establishment of economic incentives.
III. modalities and conditions relating to the treatment of incentives shall be governed by the basic rules of the body system of staff and specific regulations.
ARTICLE 38º (COMPLEMENTARY OR COLLATERAL BENEFITS). Any other benefit, service, assistance or economic distress in money, species, or other supplementary or collateral to the remuneration, must be regulated and authorized by the organ Rector of the system administration staff and the Rector organ of the system's budget.
39 ARTICLE (SANCTIONS). Two consecutive unsatisfactory evaluations and other breaches of this Statute, of career officials, will result in penalties which include fines, suspension of functions calls or removal from office, according to regulation.
CHAPTER VI REMOVAL ARTICLE 40 (WITHDRAWAL). The withdrawal is the completion of the link between the Administration with the official's career, according to the procedures provided for in this Statute.
ARTICLE 41 ° (CAUSAL). Removal may occur for any of the following grounds: to) waiver, understood as the Act by which race official voluntarily manifested its determination to conclude their employment relationship with the administration.
(b) retirement, in accordance with the provisions of the corresponding scheme.
(c) invalidity and death, in accordance with the applicable legal provisions.
(d) the envisaged in the article 39 ° of the present Statute.
(e) dismissal as a result of disciplinary proceedings by responsibility for the civil service or judicial process with enforceable sentence.
(f) abandonment of functions for a period of three consecutive working days, or six discontinuous, in a month, not justified.
(g) by removal of the charge, understood as the Elimination of jobs or positions in the framework of the system of administrative organization.
ARTICLE 42 ° (REGISTRY). Public entities shall keep a record in which let the background, causal consistency and procedures carried out for the removal of their career and send officials the information to the Superintendent of the Civil Service in accordance with express regulation, in order to provide the necessary information for the treatment of possible appeals of officials affected by the path of the hierarchical resource.
ARTICLE 43º (SUPPRESSION OF CHARGE). In cases of removal by suppression of charge should be included in mandatory form, governmental audit tests that verify the opportunity, merit and appropriateness of the decision.
Check that the withdrawal decision was not legally justified, may be subject to sanctions by administrative and civil liability without prejudice to claims which can bring public servants affected by the Superintendence of the Civil Service.
In cases of withdrawal by abolition of the charge, the institution may not, in the remainder of fiscal management, replace it.
I ARTICLE 44 (PROHIBITION OF DISCRETIONARY REMOVAL).
I. is prohibits the removal of officials of career through decisions discretionary and unilateral of them authorities, low alternative of start is against these them procedures and them actions of responsibility by the function public and without prejudice of them claims that can bring them affected before the Superintendence of the service Civil.
II. exceptionally, by reasons founded and according to regulation, the maximum authority Executive of them entities subject to the scope of application of the present law, may have the removal of an official of career, must inform expressly such decision, in form immediate, to the Superintendence of the service Civil.
III. in the case planned in the numeral II of the present article, the charge of the official of career may be unique and exclusively replaced by call internal and external of personal made by the Superintendence of the service Civil, in a term not greater to 90 days Computable starting from received the information.
ARTICLE 45 ° (REMISSION). The provisions laid down in this chapter shall be regulated in the basic rules of the personnel administration system and the respective regulations of each entity.
TITLE IV REGIME WORK CHAPTER I DAY LABOR
ARTICLE 46 ° (WORKING HOURS). Public servants working hours shall be established in accordance with special regulations determined for each system of administrative organization.
ARTICLE 47 ° (PERMISSIONS). Them servers public may enjoy of permissions for leave is of their works for purposes personal u official, prior authorization express and according to the forecasts established in them standards basic of administration of Personal and regulations internal of them entities subject to the field of application of the present Statute.
ARTICLE 48 ° (LICENSES). Public servants are entitled to the enjoyment and use of license, with the right to receive 100% of their wages and free of charge to vacation, in the following cases: to) assistance for scholarships and training courses, in accordance with the rules of each system of administrative organization.
(b) by marriage: 3 business days, upon presentation of the certificate of registration and marking of date issued by the Civil Registry officer.
(c) upon the death of parents, spouses, siblings or children: 3 days, must the public servant present relevant documentation within the following five working days of the event.
CHAPTER II HOLIDAY ARTICLE 49 (RIGHT TO VACATION).
I. them servers public, will have right to a vacation annual, in relation to the old, according to the following scale:-of a year and a day to five years of antiquity, 15 days working.
-Of five years and a day to 10 years old, 20 working days.
-Of ten years and a day or more, 30 days working.
The Executive branch may establish a timetable and a regime of collective Vacations through special regulations.
III. the regime of holidays of civil servants of administrative careers of services of health and of the judiciary, as well as the teaching career of the public education service, shall be governed according to their specific legal requirements.
ARTICLE 50 ° (HOLIDAY SCHEME). The vacation not will be susceptible of compensation pecuniary and must be compulsorily used by the server public. The accumulation of vacation will not be allowed for more than two consecutive steps.
CHAPTER III REMUNERATION ARTICLE 51 (GENERAL RULES). (Them bases that orient the retribution of them servers public, is founded in the following aspects: to) periodicity and opportunity of the retribution.
(b) Inembargabilidad of compensation, within the limits established by applicable law.
(c) prohibition of deductions to pay, to bias or political interests, so whether requested by the same public servants.
(d) assessment of the compensation taking in has situations referred to the environment and conditions in which perform their activities.
(e) biennial prescription, in favor of the State, of the uncollected wages.
(f) prohibition of payment for days not worked.
(g) right to the perception of a bonus equivalent to one month's salary or duodecimas Christmas related.
CHAPTER IV REGULATION ARTICLE 52 (REGULATION). The organ Rector of the system of personnel management, will propose to the Executive Branch, in one period not exceeding six months from the publication of this law, for its entry into force by Decree, regulations concerning the working arrangements referred to in this title.
TITLE V DECLARATION OF PROPERTY AND INCOME CHAPTER ONE ARTICLE 53 (DECLARATION OF ASSETS AND INCOME). All public servants, whatever their status, hierarchy, quality or grade, are required to provide express statements on property and income which they have to time to start his working relationship with the administration.
During the duration of the employment relationship of the server with the Administration and even at the end of the same, whatever her cause for termination, declarations of property and income, may be, at any time, subject to verification. For this purpose, public servants, will lend statements and regular updates in accordance with express rules.
ARTICLE 54 ° (PRINCIPLES). The sworn statements of assets and incomes must observe the principles of universality, obligatory nature, regularity and transparency.
The sworn statements of assets and incomes from elected officials, appointed, free appointment and those of career especially determined in accordance with regulation, will be also subjected the beginning of advertising, and can even the organ President system of Government Control, for the purposes of verification, ask new affidavits about their assets and incomes up to a year after having determined its link with the administration.
I ARTICLE 55 (DELEGATION AND REGULATION). The Comptroller General of the Republic, as Rector organ of the system of Government Control, will exercise the attribution of directing and controlling a system of Declaration of assets and income for the entire public sector.
The Office of the Comptroller General will propose to the Executive Branch, for its entry into force by Decree, regulations on the system of Declaration of goods and income and to the powers which, in accordance with the delegation conferred by this Statute, appropriate exercise.
TITLE VI CHAPTER I OF THE PERSONNEL ADMINISTRATION SYSTEM ARTICLE 56 ° (NOTION). The personnel management system is the set of rules, principles and systematically orderly procedures, which allow the application of provisions relating to the civil service by the political Constitution of the State, the present Statute, the law of administration and governmental Control, and the applicable regulations.
The personnel management system is exercised and developed through the governing body and by public entities falling within the scope of the present Statute, according to the basic rules of personnel administration, basic regulations and standards secondary or specialized.
ARTICLE 57 ° (GOVERNING BODY). The Ministry of finance, in accordance with article 24 of the law No. 1788, of 16 September 1997, exercises the functions of organ Rector of the personnel management system, as described in the article 20 of the law No. 1178.
CHAPTER II OF THE SUPERINTENDENCE OF SERVICE CIVIL ARTICLE 58 (SUPERINTENDENCY OF CIVIL SERVICE).
I creates the CIVIL SUPERINTENDENCE of service based in the city of La Paz and as a legal entity of public law, with national jurisdiction which exercises its powers with technical, operational and administrative autonomy, under the tutelage of the Ministry of finance, which aims to monitor the scheme and management of administrative career in public entities falling within the scope of this Statute ensuring the application of the principles of efficiency and effectiveness in the public service, the achievement of results by management, the dignity and the rights of public servants.
((II. the tuition that exerts the Ministry of Hacienda on the Superintendence of service Civil includes only them reaches established by them interjections to) and b) of the article 27 of the law not. 1178.
III. the budget of the SUPERINTENDENCE of service CIVIL will be recorded annually in the budget General of the nation.
For its financing, all public bodies subject to the scope of application of this law, shall annually budgeted a current transfer of resources amounting to no more than 0.4% of its wage bill approved for each fiscal management, in favour of the Superintendent of the Civil Service.
In any case the sum of transfers by public entities must exceed the total amount of the budget submitted by the Superintendent of the Civil Service, justified in its annual operational programme, the percentage of transfers to cover this amount must be adjusted.
ARTICLE 59 ° (SUPERINTENDENT, REQUIREMENTS). The Superintendent of the Civil Service will be directed and represented by a General Superintendent who shall be appointed by the President of the Republic, shortlisting proposed by two-thirds of the total number of the members of the Senate.
To be appointed General Superintendent, is required to comply with the following requirements: to) be Bolivian origin.
(b) not have been convicted to hadd punishment except rehabilitation granted by the Senate, nor have sheet of charge or fault auto-executed, nor be in cases of exclusion and incompatibility established by law.
(c) take ten years of professional experience.
ARTICLE 60 ° (PERIOD OF FUNCTIONS, JUDGING AND INCOMPATIBILITIES).
I. the General Superintendent shall have a period of six years and may be re-elected only functions after a period similar to the exercise of their functions.
II. only may be suspended prior Auto processing enforceable and dismissed previous guilty verdict rendered, within a process of court case, for responsibility in the exercise of its functions.
III. the role of the General Superintendent is incompatible with the exercise of any other public or private, function with the exception of University teaching.
ARTICLE 61 ° (POWERS). They are attributions of the General Superintendent of the CIVIL SUPERINTENDENCE of service: to) meet and resolve the hierarchical resources posed by aspiring race officials, or officials
career public, relating to income, promotion or retirement from the civil service disputes, or those derived from disciplinary processes, in the framework of this Statute and the regulations applicable.
(b) propose, to the body governing of the system of administration of Personal, standards and regulations basic to the system of administration of Personal.
(c) to supervise and monitor the gradual implementation of the administrative career, and can refer, where appropriate, reports to the Comptroller-General's Office for its control by means of special audits.
(d) to monitor the process of transition to the full implementation of the present Statute.
(e) maintaining the register of information related to income, assessment, retention, mobility and removal of officials of career, in coordination with the governing body.
(f) make calls internal and external of personal for the case established in the article 43 of the present Statute, unless is try of his own personal, in whose case the calls must be made by the organ guiding of the system of administration of Personal.
(g) promote, in the field of the personnel management system, the Government control through the strengthening of internal control and external audit.
(h) promote, in entities subject to its competence, the adoption of codes of ethics.
(i) coordinate, with them organs guiding of the systems of organization administrative, of administration of Personal and of budget, the determination of them limits maximum, of the number and budget assigned to them officials of free appointment.
(j) regulating the nature, timeliness and cost of presents and gifts that could legitimately receive public servants.
k) certifying and authorizing specialized private institutions that can provide recruitment services to public sector entities.
(l) monitor the correct application of the procedures of evaluation of performance that made them entities public on their officials of career.
(m) inform within the public administration and society in general about procedures and personnel policies to be observed by officials and authorities of public administration.
(n) provide technical assistance to the entities of the public sector for the correct interpretation and application of this Statute and its complementary regulations.
(o) promoting and monitoring the implementation of training programmes.
ARTICLE 62 ° (HIERARCHICAL RESOURCE RESOLUTION).
I. jurisdiction of the Superintendent of the Civil Service to meet and resolve the hierarchical resources, is limited to cases where previously the grievance procedures have been exhausted before the corresponding authorities, in accordance with regulation.
II. decisions issued by the Superintendent of Civil Service are final and do not support, in the administrative, further appeal, except the contentious administrative.
ARTICLE 63 ° (ORGANIZATION). The Organization, internal structure and administrative procedures by the Superintendent of the Civil Service, will be approved by statutory provision.
ARTICLE 64 ° (RESPONSIBILITY). He Superintendent General of the Superintendence of service Civil is responsible by the performance of their functions, in the frame of the planned by the regime of responsibility by the function public of the law not. 1178.
CHAPTER IV ADMINISTRATIVE PROCEDURES ARTICLE 65 (OBJECT). An administrative procedure for the processing of claims only referred to situations relating to income, promotion and removal of administrative career and those derived from disciplinary proceedings is established.
ARTICLE 66 ° (PROCEDURE). Decisions concerning income, promotion and removal to the administrative career, may be contested by an appeal against lodged with the same authority that had issued the contested decision.
Non-eligibility revocation resources resolutions pronounced by competent administrative authority, may be contested in hierarchical appeal to the Superintendent of Civil Service, who shall take a decision by administrative decision in the only and last instance, without a subsequent administrative appeal unless the litigious administrative.
ARTICLE 67 ° (REGULATION). The procedures governing the resources outlined above, are subject to the time limits, terms, conditions and requirements specified by the applicable procedural rules which must be drawn up by the governing body, that he will propose them to the Executive Branch for its approval by Supreme Decree.
TITLE VII PROVISIONS LATE AND TRANSITIONAL ARTICLE 68 ° (SYSTEMS OF CAREER IN OPERATION). Those entities which, according to the nature of its activities and administrative organization, with specific legal provisions governing administrative career, should be guided in accordance with the principles and bases set forth in this Statute.
Modalities, terms and conditions for this adaptation will be arranged according to the rules.
ARTICLE 69 ° (TREATMENT FOR THE STAFF OF AUTONOMOUS, SELF-GOVERNING AND DECENTRALIZED PUBLIC ENTITIES).
I civil servants dependent autarchic and decentralized, public entities whose activities are regulated by special laws or statutory provisions covered by the General Labour Act, that were providing services in the above-mentioned entities until the date of entry into force of this Act, shall remain subject to the labour regime.
II. new public servants joining public entities previously indicated, at a later date to the entry into force of this law, are subject to the provisions contained in the statutory provisions and specific rules of each entity.
III. them servers public dependent of them entities public, autarchic and decentralized, whose activity not is regulate by provisions legal or statutory unique covered by the law General of the work, any has been his form of income to these entities, is subject to them forecasts contained in the present Statute.
ARTICLE 70 ° (INCORPORATION INTO THE RACE).
I. will be considered career those public servants which, on the date of entry into force of this Statute, are covered in the following situations: to) performance in the public service in the same entity, continuously for five years or more, regardless of the source of their financing, except as provided in subparagraph b) of this article.
(b) carrying out functions in the same entity, continuously for seven years or more for staff occupying posts of the highest hierarchical level of the administrative career, regardless of the source of its financing.
(c) those who are currently part of an established Administration career.
(d) those who currently play a public role and had been incorporated through the Civil Service, dependent on the Ministry of finance.
II. public entities that have led processes of incorporation of personnel during the past five years, through competitive public convocations and assessment of merit in accordance with the principles provided for in this law, may apply for recognition of these processes by the Superintendence of civilian service, which previous assessment, may be granted the nature of career personnel incorporated through these processes.
For purposes of compliance with paragraphs I and II, only may be incorporated into the administrative career those subsidiaries that submitted waiver to charge and be liquidated according to the labour regime to have law, being subject to this Statute and its regulations, maintaining its antiquity only for purposes of qualifying years of service.
ARTICLE 71 ° (PROVISIONAL OFFICIAL CONDITION). Public servants that currently perform their functions in charges for administrative career and whose situation is not included in the preceding article, shall be considered temporary officials, who do not enjoy the rights to which makes reference paragraph II of article 7 of this law.
The Executive Branch will schedule, in the sphere of its competence, the gradual replacement of temporary officials for career, through the implementation of institutional development programs.
ARTICLE 72 ° (REGULATION AND REVIEW OF D. S. 23318 - A). The Rector system organ of Control Government will propose to the Executive Branch, for its entry into force by Decree, regulations and review of procedures governing the internal processes in D. S. 23318 - in one period of no more than six months after the publication of this law.
ARTICLE 73 ° (UPDATE). The Rector organ of the personnel management system is responsible for updating, in accordance with this Statute, the provisions contained in the basic rules of the personnel management system.
ARTICLE 74 ° (BUDGET FOR THE SUPERINTENDENCE OF SERVICE CIVIL). The Ministry of finance will allocate budget items required for the formation and operation of the Superintendency of Civil Service, through the resignation of items available for existing units which fulfil tasks similar to those provided for in this Statute to make effective transfers referred to in article 58 of this law.
ARTICLE 75 ° (SCOPE OF THE ADMINISTRATIVE CAREER). Except it expressly designated in them laws regulatory of them entities public covered in the scope of application of the present Statute, it career administrative established in this law is apply to them charges public covered from its fourth level hierarchical, inclusive, in line descending.
ARTICLE 76 ° (REGULATORY DEVELOPMENT). The Executive Branch, by means of Supreme Decree, shall regulate this law.
ARTICLE 77 ° (VALIDITY). This law shall enter into full force six months of its publication, however, any new addition of personnel in public authorities, must agree to the provisions laid down in this Statute.
Pass to the Executive Branch for constitutional purposes.
It is given in the Hall of sessions of the Honorable Congress national, to the twenty-second day of the month of October of thousand nine hundred ninety-nine years.
FDO. Leopoldo Fernandez Ferreira, Hugo Carvajal Donoso, Gonzalo Molina Ossio, Robert Knight Oropeza, Veronica Palenque Yanguas, Jorge Sensano Zarate.
I therefore enacted it is and meets as a law of the Republic.
Government Palace of the city of La Paz, at twenty-seven days of the month of October of thousand nine hundred ninety-nine years.
FDO. HUGO BANZER Suárez, Franz Ondarza Linares, Herbert Müller Costas, Juan Antonio CHAHÍN Lupo, Angel Luis Vásquez Villamor.