Modifies Laws N ° S. 18.834 And 18.883 And Replaces Qualification Of The Civil Servants Systems And Municipal

Original Language Title: MODIFICA LEYES N°S. 18.834 Y 18.883 Y SUSTITUYE SISTEMAS DE CALIFICACION DE LOS FUNCIONARIOS PUBLICOS Y MUNICIPALES

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"Article 1 °-replaced the 3rd paragraph"of qualifications', of title II of the law No. 18.834, by the following: "paragraph 3 ° of the qualifications article 27.-the rating system will aim to assess the performance and skills of each employee, met the requirements and characteristics of your cargo, and will form the basis for the ascent, stimuli and the Elimination of the service." "
Article 28.-All staff, including contract personnel, must be qualified annually, in any of the following lists: list N ° 1, distinction; List N ° 2, Buena, list N ° 3, conditional; List N ° 4, elimination.
The upper head of the institution shall be personally responsible for the fulfillment of this duty.
Article 29.-Not be qualified the upper head of the institution, your legal Deputy, members of the Central qualifying Board and staff delegates, who will retain the qualification of the previous year, when appropriate.
However, if the staff delegate si el delegado de el personal lo pidiere it requests will be qualified by their direct supervisor.
Article 30.-Qualification will be by the Rating Board.
In each institution, there will be regional rating boards that will make the ratings of its officials when the number of those in the region, is equal to or more than fifteen.
In regions in which the institution in question has less than fifteen civil servants and in the Metropolitan Region of Santiago, the ratings will be made by a Central qualifying Board. Shall you also is evaluating the members of the regional rating boards.
The regional rating boards will be integrated by three officials of the highest hierarchical level of the institution in the respective region and by a representative of the personnel elected by this.
The Central qualifying Board shall consist, at each institution, by five officials of the highest hierarchical level, with the exception of the upper head, and by a representative of the personnel elected by this.
However, regional decentralized services there will be Board rating integrated in the form prescribed in the preceding paragraph. However, in the case of health services there will be a rating Board in each one of the hospitals that compose it.
If there is more than one official at the appropriate level, the Board will be in accordance with the order of seniority, the form referred to in article 46.
Officials will choose a principal representative and an alternate for this, that the Rating Board will integrate in case of finding holder unable to exercise its functions.
If the staff has not chosen its representative, will act such as the oldest official.
The staff association with increased representation of the respective service or institution shall have the right to designate a delegate who shall only be entitled to voice.
Article 31.-The Rating Board will be chaired by the officer of the highest hierarchical level that integrates it.
In case of impediment of any member of the Board, this will be integrated by the officer which follow the order referred to in the preceding article.
Article 32.-The rules of this paragraph will form the basis for the enactment of the or of the regulations of the qualifications referred to in subsection first of article 49 of the law N ° 18.575.
Article 33.-Qualification will evaluate the twelve months of performance officer from 1 September of one year to 31 August of the following year.
Article 34.-The ratings process must be started September 1 and finish more by November 30 of each year.
Article 35.-Not be qualified officials who for any reason have actually served their functions for a period of less than six months, whether continuous or discontinuous within the respective grading period, case in which kept the score from the previous year.
Article 36.-The Rating Board adopt its resolutions taking into consideration, necessarily, the prequalification of the official by his direct boss, which will be made up of concepts, notes and history which it shall provide in writing. Among the background, annotations of merit or demerit made within the annual period of ratings, on the resume that will take the office staff to each official will be considered.
The heads will be responsible for the pre-qualification that, as also the score in the situation referred to in the second paragraph of article 29. The way in which to carry out this process shall be deemed for the purposes of its own rating.
They will constitute core elements of life sheet and rating sheet ratings system.
The breach of an obligation or duty officer established by virtue of a summary investigation or administrative proceedings, can only be considered once in the official ratings.
Article 37.-Are annotations of merit those destined to leave a record of any action of the employee that involves conduct or performance outstanding official.
Merit entries will include aspects such as the acquisition of any title or other service-related special quality, when these are not requirements in his post, as also the approval of training courses related to the functions of the service, the performance of work for longer periods than the normal time the realization of tasks that exceed their usual work and the execution of tasks of officials when this indispensable.
Merit entries made an official during the respective qualifications, will constitute a precedent favorable for selection to training courses to this opt.
Article 38.-Are annotations of demerit to leave proof of any action or omission of the employee that involves conduct or performance reprehensible official.
Manifest breach of obligations officials, such as violations of the non-compliance with prohibitions under this body of law and delays in the delivery of work and service orders and instructions will be considered between the annotations of demerit.
Article 39.-Annotations must relate only to the period that are qualified, and will be carried out by the unit responsible for the staff at the written request of the direct supervisor of the official.
The official may ask your direct boss carried out annotations of merit that in his view they are from.
The official may request, also the annotation of demerit rescission or to let evidence of extenuating circumstances that apply in each case.
The unit responsible for the staff must record on the resume of all annotations of merit or demerit requiring the direct head of an official.
Article 40.-If direct boss reject official requests, you must leave constancy of the foundations of its rejection, adding to the resume such requests.
Article 41.-The Board agreements must be always founded and must be entered in the minutes of qualifications that, as a Minister of faith, the same Secretary will take, it will be the Chief of staff or whoever does their times.
The duties of the members of the Board are delegated.
Article 42.-Evaluation and weighting factors shall be determined in the respective regulations referred to in article 32.
Article 43.-The officer shall be entitled to appeal from the decision of the Rating Board or the direct supervisor in the situation referred to in the second paragraph of article 29. This resource will get to know the Undersecretary or the upper head of the service, as appropriate. The notification of the decision of the Rating Board shall be to the employee by the Secretary or by the official that the Board designate, who must give authorized copy of the agreement of the Rating Board and require the signature of him or leave a record of their refusal to sign. At the same time or within a period of five days, the official may deduct appeal. In exceptional cases, qualified by the Board, the period for appeal may be up to ten days from the date of the notification. The appeal shall be resolved within the period of 15 days from its presentation.
To the dicidir on appeal should be to view the resume, the pre-qualification and qualification. You can keep or raise the score assigned by the Rating Board, but not lowered under any circumstances.
Deadlines for days to which this article refers will be working days.
Article 44.-The failure of the appeal will be notified in the manner indicated in the preceding article. Practiced the notification, the officer may only apply directly to the Comptroller General of the Republic, pursuant to article 154 of this Statute.
Article 45.-Official qualified by resolution rendered in list 4 or for two consecutive years on list 3, must be removed from service within the 15 working days at the end of the qualification. If you do not do so will you be declared vacant employment counted from the day following that date. Means that the resolution is enforceable since the expiration of the time limit to claim or from the resolution of the General Comptroller of the Republic that fails the claim shall be notified.
If an official retains the qualification in list 3, by virtue of the provisions of article 35, shall not apply provisions in the preceding paragraph, unless the lack of qualification occurs in two consecutive periods.
Article 46.-With the result of ordered scores, the institutions will make a roster featuring officials from every level of the respective plant in descending order according to the retrieved score.
In case of a tie, officials will be placed in the hierarchy according to their age: first in office, then in grade, then in the institution, then in the administration of the State, and finally, in the case of maintaining consistency, will decide the upper head of the institution.
The official amounting happen to occupy, in the new degree, the last place, until a qualification in the new grade, for not less than six months performance, determines a different location.
Article 47.-The ladder starts to run from 1 January of each year and will last twelve months.
The ladder will be public for the officers of the respective institution.
Officials shall be entitled to claim from its location in the hierarchy according to article 154 of this Statute. The deadline for filing this claim shall be counted from the date in which the ladder is at the disposal of the officials to be consulted."