Repealed - Whereby Article 125 Of The Constitution Is Developed, Personnel Management Rules Are Issued To The Service Of The State, Some Powers Are Granted And Other Provisions

Original Language Title: DEROGADO - Por la cual se desarrolla el artículo 125 de la Constitución Política, se expiden normas sobre administración de personal al servicio del Estado, se otorgan unas facultades y se dictan otras disposiciones

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LAW 27 OF 1992
(December 23)
Official Gazette No. 40,700, of December 29, 1992
.
Whereby Article 125 of the Constitution develops, personnel management rules are issued to the service of the state, some powers are granted and other provisions. Summary

Term Notes
The Congress of Colombia, DECREES
:
ARTICLE 1o. ADMINISTRATIVE CAREER. The civil service is a technical system management personnel is to ensure the efficiency of public administration and offer all Colombians equal opportunities for access to public service, training, job stability and the possibility of move up the career under the provisions referred to in article 2. of this law.
To achieve these objectives admission, retention and promotion in jobs that are not free appointment and removal must be exclusively based on merit, without them the political affiliation of a person or other considerations may have any influence.
Article 2.
. COVERAGE. The provisions governing the system of administration of civilian personnel serving in the Executive Branch contained in Decree-Laws 2400 and 3074 of 1968, Law 13 of 1984 and Law 61 of 1987, its implementing regulations and standards modify or add that are applicable to state employees who provide services to entities or agencies national, departmental levels; different to the Capital District, municipal and its decentralized entities, in the departmental assemblies, municipal and district councils and local administrative boards, other support units requiring MPs and district councilors.
While the rules on personnel management entities and agencies with special career systems mentioned in the Constitution, which lack them, departmental comptrollers, different district capital district, municipal, audits and / or revisorías are issued special of its decentralized entities, and personerías, the provisions of this Act shall apply. Effective Jurisprudence

State
servers providing services in the Office of the President, Congress and under the law, Ministry of Defence, electoral organization and other institutions and sectors with special careers or specific personnel management systems continue to be governed by current regulations for them enshrined in the Constitution and the law.
The provisions of this law shall also apply to officials of the Comptroller General's Office and Attorney General's Office, while these entities adopt their respective rules of career ordered by the Constitution. Effective Jurisprudence


PARÁGRAFO. Employees of the Capital District of Bogota, continue to be governed by the provisions contained in the agreement 12, 1987, issued by the District Council of Bogotá, and all the regulations thereof, all that this law does not change or expressly regulate .

ARTICLE 3. STATE SERVERS relocated. Officials and employees relocated in positions of administrative career, which 31 December 1987 belonged to the addresses of tax and information center and systems of the Ministry of Finance and Public Credit, are covered by the special administrative career system for civil servants the Directorate of National Taxes.

ARTICLE 4. OF JOBS AND CAREER appointment and removal. Employment agencies and entities covered by this law are career, except for elective office, the fixed period under the Constitution and the law, those whose appointment and removal determined by law 61 1987, specific personnel management systems in the statutes of the special races, territorial level, those listed below:
1o. Secretary General, secretary and deputy secretary of office, principal and assistant principal, counselor, branch chief, section chief, division chief, department head, private secretary and head of dependency, having a level equal to or higher than section chief and equivalent to the above. Effective Jurisprudence



2o. Manager, director, president, rector, deputy manager, assistant director, vice president, vice-rector, secretary general, secretary of board, private secretary of public institution and department, division or unit, having a level equal to or higher than section chief or equivalent to the above. Effective Jurisprudence


3o. public employment of industrial and state trading enterprises and mixed economy companies, having a level equal to or above the section head or equivalent. Effective Jurisprudence


4o. Jobs for departmental and municipal comptrollers and ombudsmen having a level equal to or higher than section chief or equivalent. Effective Jurisprudence


5O. Employees who manage funds, securities and / or official goods and that this management require bail. Effective Jurisprudence


6o. Employees that apply to state security functions.
The 7th. The local mayor, police inspector and agent guard or territorial equivalents. Effective Jurisprudence


The 8th. Effective Jurisprudence



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PARÁGRAFO. Effective Jurisprudence



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The 5th ITEM. THE CHANGING NATURE OF JOBS. Career employees whose positions are declared of free appointment and removal should be transferred to jobs with career related duties and remuneration equal to or higher than the position they play, if any vacancies in the respective plants personnel; otherwise, they will continue to play the same position and retain the rights career while remaining in him.

ARTICLE 6o. PERIOD OF EMPLOYMENT FIXED. Jobs are fixed period which under the Constitution and the law or ordinances and agreements duly authorized by law, must be provided for a certain time.

ARTICLE 7. GROUNDS FOR WITHDRAWAL OF SERVICE. The decommissioning of career employees, occurs in the following cases:
a) declaration of annulments the appointment in the event referred to in article 9. of this law;
B) Resignation accepted regularly;
C) suppression of employment in accordance with the provisions of article 8. of this law; Effective Jurisprudence


D) retirement pension rights;
E) total disability;
F) compulsory retirement age;
G) dismissal;
H) declaration of vacancy of employment in the event of abandonment thereof;
I) Expiration of the period for which he was appointed or elected employee, and
j) order or judicial decision.
PARÁGRAFO. The withdrawal of service by any of the grounds provided for in this article, involves the removal of administrative career and the loss of the rights inherent in it except the literal c).

Article 8. COMPENSATION FOR WITHDRAWAL OF EMPLOYMENT. Employees enrolled in the ranks of the civil service, including the Capital District of Bogota, whose jobs are eliminated will be eligible for:
1o. Recognition and payment of compensation under the terms and conditions established by the Government.
2o. Obtaining preferential treatment under the terms established in Decree Law 2400 of 1968, Article 48 and implementing regulations. In any case, if after six (6) months is not possible to rebind the officer in another unit of the entity where a vacancy any similar or equivalent, shall be entitled to the indemnity provided in paragraph 1o. of this Article.
PARÁGRAFO. Those officials who withdraws the charge under the issuance of laws redefinition of powers, are not entitled to compensation under this Article, provided that such withdrawal is made within six (6) months following the initiation of the application of the respective law of redefinition of powers.

Article 9. SUBSTANTIATION OF THE DECLARATION OF NOMINATION FOR QUALIFYING SERVICES. The appointment of escalafonado employee in the race shall be declared null and void by the appointing authority when they have received a rating of unsatisfactory services, for which it must first be heard nonbinding concept of the Personnel Commission.
Against the administrative act shall state the annulments resources law, which means exhausted administrative remedies.

PARÁGRAFO. This decision shall be terminated if the resources brought within the legal term, the administration has not acted within forty-five (45) calendar days following the filing of resources. The competent authority that does not meet the respective action within the deadline, shall be punished in accordance with Law 13 of 1984 and related regulations. The Attorney shall exercise the respective monitoring. Editor's Notes


ARTICLE 10 OF THE PROVISION OF JOBS. Providing jobs appointment and removal will be done by regular appointment. The career of preliminary competition will be by appointment on probation or promotion.
While the selection is made to take up employment career, employees enrolled in the ranks of the civil service, will have preferential right to be responsible for these jobs if they meet the requirements for their performance. Otherwise, provisional appointments may be made.
The term of the commission may not exceed the prescribed for temporary appointments.

ARTICLE 11 OF THE CONTESTS. The competitions are of two kinds:
a) Open for entry to the administrative career staff again, and
b) escalafonado promotion for staff.
PARÁGRAFO. Calls for open competition should be disclosed through at least one of the following media, press, radio or television. In municipalities of less than twenty thousand (20,000) inhabitants of competitions can be done through sides or edicts.

ARTICLE 12 OF THE NATIONAL CIVIL SERVICE COMMISSION. Create the National Civil Service Commission, which shall consist of:
- Director of Administrative Department of the Civil Service, who will preside. Their absence will supply them the Secretary General of the Administrative Department of the Civil Service;
- The Director of the School of Public Administration or his delegate;
- Two (2) representatives of state employees, appointed by the President of the Republic of triads submit the unions that bring together state employees;
- One (1) representative of the Federation of Municipalities.
- One (1) representative of the Confederation of governors.
- One (1) member appointed by the President of the Republic.

ARTICLE 13. PERIOD AND QUALITIES OF MEMBERS OF THE NATIONAL CIVIL SERVICE COMMISSION. The representatives of employees and the member appointed by the President of the Republic shall have a period of two (2) years and may be appointed on up to two (2) times more.
The member appointed by the President of the Republic shall accredit the following requirements:
a) Professional title;
B) At least six (6) years of professional experience;
C) Performance, with good credit, management positions in the public or private sector:
d) Not have been convicted by court sentence to deprivation of liberty, except for political or culpable offenses and | || e) not have been subject to disciplinary sanctions in the event that it has served the state. Representatives of employees shall be, at all times, state employees, meet the requirements in paragraphs d) and e) of this article and automatically lose their capacity as members, when they are leaving the public office.

ARTICLE 14. FUNCTIONS OF THE NATIONAL CIVIL SERVICE COMMISSION. For the national civil service commission responsible for the administration and supervision of the career of state employees, except for those with special character:
a) Monitoring compliance with the rules of career employees national and regional level. In case of infringement of the same, request the competent authority to impose penalties of fine, suspension or dismissal offenders;
B) Knowing its own initiative or upon request, of the irregularities that arise in conducting the selection process, and can leave them without effect, totally or partially excluded from the lists of eligible persons who have incurred violation of the laws or regulations governing the administration of civilians serving the State and ordering the revocation of appointments or other administrative acts, if it finds that they were made with violation of rules governing the matter;
C) recommend to the Administrative Department of the Civil Service, initiatives, studies and research in related areas of personnel management;

D) acquit privatively consultations on personnel administration formulated by the various state agencies and organizations of employees thereof in cases where you do not correspond to the consultation room and Civil Service of the State Council or the Administrative Department of Civil Service, whose concepts are not mandatory;
E) Ensure that the provisional appointments do not exceed the legal term. In case of violation, request the competent authority to impose penalties of fine, suspension or dismissal offenders;
F) To cooperate with the Government and with the Administrative Department of the Civil Service;
G) To delegate its functions in the sectional committees of civil service;
H) issue its own regulations and the sectional committees;
I) Meet, on appeal, of the decisions taken by the sectional committees of the civil service, and
j) Any other functions legally assigned.
PARÁGRAFO. The government will mark the fees to entitled members of the national civil service commission and its sectional committees.

ARTICLE 15 OF THE CIVIL SERVICE SECTIONAL COMMITTEES. In each of the departments there will be a Seccional Civil Service Commission, which will meet within its territorial jurisdiction, in the form of delegation, the same functions performed by the National Civil Service Commission. This commission will be composed of the Governor of the Department who shall preside, by the delegate of the Administrative Department of Civil Service, by a representative of the employees appointed by the respective governor of lists presented by organizations of employees greater uniting the State employees in the territorial constituency, by the Mayor of the Capital, by a representative of Mayors, the Regional Director of the School of Public Administration, where it exists, failing that, by the Regional Director of Service national Learning SENA, and in his absence, by the most authoritative officer of this entity in the respective department. PARAGRAPH 1.
. When circumstances warrant, the National Civil Service Commission, may temporarily reassume the delegated functions, while exceeding those that led to the decision. PARAGRAPH 2.
. In the case of the Department of Cundinamarca, part two (2) mayors elected by the Federation of Mayors of the Department.
The Mayor of Bogotá, will not make the commission of this department.

ARTICLE 16. PERIOD AND QUALITIES OF MEMBERS OF COMMITTEES SECTIONAL. The period of the members of the Sectional Committees that do not have the quality of state employees, will be two (2) years and may be appointed for up to two (2) times more.
The requirements of the members of these committees will be the same determined for the members of the National Civil Service Commission.

ARTICLE 17. SUPPORT CIVIL SERVICE COMMISSIONS. The National Civil Service Commission will have three (3) permanent advisers who must carry out the Technical Secretariat of the same in accordance with the regulations. They must certify the following requirements:
a) To be Colombian by birth and citizenship rights;
B) be entitled lawyer;
C) Not have been convicted by court sentence to deprivation of liberty, except for political or culpable offenses and
d) Having played for six (6) years at least, charges of professional levels, executive, consultant or director of the executive Branch, or have practiced with good credit, for the same time, the profession of lawyer or university professor in legal disciplines in officially recognized establishments.
Both the National Civil Service Commission as Sectionals Commissions may have means of logistical and human support for the processing and care of their own affairs. In the operating budget of the Administrative Department of the Civil Service appropriations required for this purpose will be included. Each
Civil Service Commission Sectional employment will Advisor, which depend on the staffing of the Administrative Department of Civil Service. Additional staff and other means of support required for the performance of the functions that corresponds to Sectionals will be supplied by the respective departments, following the conclusion of agreements with the Administrative Department of Civil Service. These employees operate under the subordination of the officer of this Department, who for all purposes serve as immediate superior. Effective Notes



ARTICLE 18. APPOINTMENTS IN CASE OF INTERIM COMMISSION. While employees enrolled in the ranks of the civil service are in commission studies or play in commission charges appointment and removal, jobs career they hold, may only be provided on an interim basis for the duration the commission, if it is not possible to provide them with custom by career employees.

ARTICLE 19. THE TERM FOR THE IMPLEMENTATION OF RULES OF RACE. The respective appointing authorities will apply to career standards referred to in this law, a term not exceeding six (6) months from the Effective.
While compliance is given to the provisions of the preceding paragraph, the rules will govern the publication of this law governing the matter.
In those municipalities with population less than ten thousand (10,000) inhabitants the administrative career shall apply to all relevant aspects that may result.

MANUALS ARTICLE 20. FUNCTIONS AND REQUIREMENTS local authorities. Within six (6) days following the effective date of this Act months Territorial Entities shall issue manuals functions and performance requirements of jobs, and generally take measures conducive to the implementation of the administrative career, for which they may rely on the advice of the Civil Service Commissions Sectionals.
Within this same term, the Government will establish the procedure for registration in the civil service of state employees.

ARTICLE 21. LIABILITY OF nominators. The appointing authority to make appointments without complying with the rules laid down in this Act and the regulations, and members of the Sectional Committees of the Civil Service who by action or omission permit shall incur grounds for misconduct and respond patrimonially in the terms provided for in Article 90 of the Constitution.
The National Commissions and Civil Service Sectionals, ex officio or at the request of any citizen, take appropriate measures to verify the fact and request that the appropriate sanction is applied.

ARTICLE 22. REQUIREMENTS FOR THE TERRITORIAL LEVEL JOBS. Effective Jurisprudence



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ARTICLE 23 OF TERRITORIAL ENTITIES Advised. The Administrative Department of the Civil Service and the School of Public Administration, will prepare the studies to provide local authorities adopting the system naming jobs and pay scales thereof, in accordance with the relevant legal provisions.
Territorial adopting its job naming system, institutions shall consider the need for such classification allows the identification both of the jobs included in the race, and those who are outside, according to this law and the related regulations.

ARTICLE 24. PERSONAL COMMISSIONS. In all entities regulated by this law a Commission on Personnel shall comply with existing standards and its implementing regulations, consisting of two (2) representatives of the nominator and a representative of employees should exist.
This Commission will be integrated within a period of six (6) months from the effective date of this Act.

ARTICLE 25. THE TOP CIVIL SERVICE COUNCIL. From the date into operation the National Civil Service Commission, the Senior Civil Service Council is deleted.
PARÁGRAFO. The Government, within the month following the effective date of this law, will integrate the National Civil Service Commission and take administrative and budgetary measures necessary for its operation.

ARTICLE 26 OF EMPLOYEES IN THE SERVICE OF TREASURY oversight. Employees who serve in the Veeduría Treasury rules contained apply to them in this Law and other related administration civilians serving the State, except those governing the administrative career.

ARTICLE 27. COMPLAINTS SERVICE USERS. In case of serious complaint, founded and written by inefficiency or violation of the rules that ensure the proper provision of service attributable to certain officials, the superior concerned shall give immediate standards race for the case of disciplinary offenses shall follow their assessment of the seriousness and gravity of the complaint.

The actor will receive responses within twenty (20) days and in the event of recklessness or bad faith may be punished with fines for violation according to the Police Code, unless the offense is provided for another penalty.

ARTICLE 28 OF BUDGET TRANSFERS. Authorize the national government so that within a period not exceeding six (6) months from the date of the enactment of this Act, assign credits and make budgetary transfers that are necessary for the Administrative Department of the Civil Service and the School of Public Administration, perform the steps required for the implementation of this Act.

ARTICLE 29. EXTRAORDINARY POWERS OF THE PRESIDENT OF THE REPUBLIC. In accordance with section 10 of article 150 of the Constitution revístese precise powers extraordinary the President of the Republic, for a term of six (6) months from the date of the enactment of this Act, to: | || 1o. Establish mechanisms and procedures to improve training systems for public sector officials.
2o. Issue a continuous numbering statute containing all the provisions in force with force of law on administrative career, including special systems.
3o. Issue the relevant rules establishing the requirements for entry into the civil service in accordance with the provisions in paragraph 3o. Article 19
4o. To issue rules defining the procedures for competitions, evaluations and qualifications to be filled at the administrative career.
For the purposes of these powers will have the advice of two (2) senators and two representatives of the Seventh and First Chamber and Senate committees appointed by the directives of these committees tables.

ARTICLE 30 OF THE TERM. This Act governs from their publication and modified as appropriate Decree Laws 2400 and 3074 of 1968, the Regulatory Decree 1950 of 1973, Law 13 of 1984, the Regulatory Decree 482 of 1985, Law 61 of 1987, Decree 1988 573 regulatory and other provisions that are contrary, with the exception of existing rules on the matter in the Capital District of Bogota.
Article 10 of Decree Law 2400 of 1968, remain in force in its entirety and for all purposes, from the effective date of this Act.

Effective Decisions
The President of the Senate of the Republic, BLACKBURN JOSE C.

The Secretary of the honorable Senate, PUMAREJO VEGA PEDRO

The President of the honorable House of Representatives | CESAR GARCIA PEREZ ||
the Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR

REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT

published and execute Given in Bogota, DC, to December 23, 1992
the Government Minister Humberto de la Calle

LOMBANA Minister of Labour and Social Security, Luis Fernando Ramírez

the head of the administrative department of service civil, CARLOS HUMBERTO ISAZA

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