Repealed - Whereby Article 125 Of The Constitution Is Developed, Personnel Management Rules Are Issued To The Service Of The State, Some Powers Are Granted And Other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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27 OF 1992

(December 23)

Official Journal No. 40,700 of 29 December 1992

.

For which article 125 of the Political Constitution is developed, rules on the administration of personnel are issued at the service of the State, powers are granted, and dictate other provisions.

The Congress of Colombia,

DECRETA:

ARTICLE 1o. OF THE ADMINISTRATIVE CAREER. 87 of the Law 443 of 1998 > The administrative career is a technical system of administration of personnel that aims to guarantee the efficiency of the public administration and to offer to all Colombians equal opportunities for access to public service, training, stability in their jobs and the possibility of promotion in the career according to the provisions mentioned in the article 2o. present law.

In order to achieve these objectives, income, permanence and promotion in non-free-appointment and removal jobs will be done exclusively on the basis of merit, without the political affiliation of one person or other considerations. nature can have an influx.

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ARTICLE 2o. OF THE COVERAGE. 87 of the Law 443 of 1998 > The provisions governing the administration of civil personnel serving in the Executive Branch, contained in the Decree-Laws 2400 and 3074 of 1968, Law 13 of 1984 and Law 61 of 1987, its regulatory decrees and the rules which modify or add to them are applicable to State employees who provide their services in the entities or bodies of the national, departmental, district and district levels Capital, municipal and its decentralized entities, in the departmental assemblies, in the councils local and county boards and administrative boards, except for the support units required by deputies and councilors.

While the rules on the administration of the personnel of entities and agencies with special systems of career indicated in the Constitution, which lack them, are being issued, the departmental contralories, which are different from the Capital district, municipal district, audits and/or special reviews of its decentralized entities, and of the persons, shall be applicable to the provisions contained in this law.

The servers of the State that serve in the Presidency of the Republic, Congress of the Republic and by virtue of the law, Ministry of Defense, electoral organization and other entities and sectors with special races or systems specific to the administration of personnel, they will continue to be governed by the rules in force for them enshrined in the Constitution and the law.

The provisions of this law will also apply to officials of the Comptroller General and Attorney General of the Nation, while these entities adopt their respective career rules ordered by the Political Constitution.

PARAGRAFO. The employees of the Capital District of Santafe of Bogota will continue to be governed by the provisions contained in the agreement 12 of 1987, issued by the District Council of Bogota, and all the regulatory norms of the same, in all that is Do not explicitly modify or regulate.

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ARTICLE 3o. OF THE RELOCATED STATE SERVERS. 87 of the 1998 443 Law > Officials and employees relocated to administrative career positions, which as of December 31, 1987 belonged to the tax and information center and systems addresses. of the Ministry of Finance and Public Credit, are covered by the special administrative career system applicable to officials of the Directorate of National Taxes.

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ARTICLE 4. OF CAREER AND FREE APPOINTMENT AND REMOVAL JOBS. 87 of the Law 443 of 1998 > The jobs of the agencies and entities referred to in this law are career, with the exception of those of popular choice, those of a fixed period in accordance with the Constitution and the law, those of free appointment and removal as determined in Law 61 of 1987, in the specific systems of administration of personnel, in the statutes of the special races, at the territorial level, as follows:

1o. Secretary-general, secretary and undersecretary of office, director and deputy director, , head of office, section chief, division chief, department head, secretary private and head of dependency, which has a level equal to or greater than section head and the equivalent to the previous ones.

2o. Manager, Director, President, Rector, Deputy Manager, Deputy Director, Vice President, Vice Chancellor, secretary general, board secretary, public establishment private secretary , and head of department, division, or dependency, having an equal or higher level Section head or the equivalent to the previous.

3o. Public jobs of the industrial and commercial enterprises of the State and mixed economy companies, having a level peer or greater than the section chief or its equivalent.

4o. Jobs of departmental and municipal contralories and of individuals who have a level equal to or greater than the head of a section or its equivalent.

5o. Employees who administer funds, securities, and/or official assets and who are required to provide management bail.

6o. Employees who correspond to the security functions of the State.

7o. Local mayor, police inspector and territorial guard agent or their equivalents.

8o.

PARAGRAFO.

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ARTICLE 5o. OF THE CHANGE OF NATURE OF THE JOBS. 87 of the Law 443 of 1998 > Career employees whose positions are declared of free appointment and removal, must be transferred to career jobs with related functions and equal pay or higher than the position they perform, if there are vacancies in the respective staff plants; otherwise, they will continue to hold the same position and retain the rights of career as long as they remain in it.

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ARTICLE 6o. OF THE FIXED PERIOD JOBS. 87 of the Law 443 of 1998 > They are fixed period jobs which according to the Constitution and the law or the ordinances and agreements duly authorized by law, must be provided for a specified time.

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ARTICLE 7o. SERVICE RETIREMENT CAUSES. 87 of the 1998 Law 443 > The withdrawal of service from career employees, occurs in the following cases:

(a) By declaratory of unsubsistence of the appointment, in the event referred to in Article 9o. of this law;

b) By regularly accepted waiver;

c) By job suppression in accordance with the provisions of article 8o. of this law;

d) By retirement entitled to retirement;

e) By absolute invalidity;

f) By age of forced retirement;

g) By Removal;

h) By declaratory of vacancy of employment in case of abandonment of the same;

i) By expiration of the period for which the employee was appointed or elected, and

j) By order or court decision.

PARAGRAFO. The withdrawal of the service by any of the causals provided for in this article, entails the withdrawal of the administrative career and the loss of the rights inherent to it, except the literal c).

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ARTICLE 8o. COMPENSATION FOR THE ELIMINATION OF EMPLOYMENT. 87 of Law 443 of 1998 > Employees enrolled in the administrative career ladder, including those of the Capital District of Bogota, whose jobs are suppressed, will be eligible to:

1o. The recognition and payment of compensation, in the terms and conditions established by the National Government.

2o. The obtaining of preferential treatment, in the terms established in Decree Law 2400 of 1968, article 48 and regulatory decrees. In any event, if six (6) months are not possible to be relinked to the official in another dependency of the entity where there is a similar or equivalent vacant position, the latter shall be entitled to the allowance set out in the numeral 1. of this Article.

PARAGRAFO. Those officials who are to be removed from office by virtue of the issue of the law on the redefinition of jurisdiction shall not be entitled to the compensation provided for in this Article, provided that such removal is effected within six months. (6) months following the initiation of the application of the respective jurisdiction redefinition law.

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ARTICLE 9o. OF THE DECLARATION OF SUBSISTENCE OF THE APPOINTMENT BY QUALIFICATION OF SERVICES. 87 of the Law 443 of 1998 > The appointment of the employee to the career shall be declared insistently by the appointing authority when it has obtained a non-satisfactory rating of services, for which the non-binding concept of the Staff Committee should be previously heard.

Against the administrative act that declares the subsistence will proceed with the law, with which it is understood to be exhausted the governmental way.

PARAGRAFO. This decision shall be deemed to be revoked if the resources within the legal term are filed, the administration shall not be pronounced within the forty-five (45) calendar days following the presentation of the resources. The competent authority which does not resolve the respective action within the time limit laid down shall be sanctioned in accordance with Law 13 of 1984 and the rules agreed. The Attorney General's Office shall exercise the respective surveillance.

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ARTICLE 10. OF THE PROVISION OF JOBS. 87 of the Law 443 of 1998 > The provision of jobs of free appointment and removal shall be made by ordinary appointment. The race of the race will be done before contest, by appointment in period of trial or promotion.

While the selection is made for career employment, employees enrolled in the administrative career ladder will have the preferential right to be in charge of such jobs if they fill the requirements for their performance. If not, provisional appointments may be made.

The term term of the order may not exceed the period for provisional appointments.

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ARTICLE 11. OF THE CONTESTS. 87 of the Law 443 of 1998 > The contests are of two classes:

a) Open, for new staff entry to the administrative career, and

b) Rise for scalped staff.

PARAGRAFO. Calls for open competitions shall be disclosed through at least one of the following means of communication, press, radio or television. In the municipalities of less than twenty thousand (20000) inhabitants, the advertising of the contests can be done through camps or edicts.

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ARTICLE 12. FROM THE NATIONAL CIVIL SERVICE COMMISSION. 87 of the 1998 Law 443 > Create the National Civil Service Commission, which will be composed of:

-The director of the Administrative Department of the Civil Service, who will preside over it. His absences will be met by the Secretary General of the Administrative Department of the Civil Service;

-The Director of the Higher School of Public Administration, or his Delegate;

-Two (2) representatives of the State employees, appointed by the President of the Republic, who are presented by the union headquarters to the employees of the State;

-Un (1) representative of the Federation of Municipalities.

-One (1) representative of the confederation of governors.

-One (1) member designated by the President of the Republic.

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ARTICLE 13. OF THE PERIOD AND THE QUALITIES OF THE MEMBERS OF THE NATIONAL CIVIL SERVICE COMMISSION. 87 of Law 443 of 1998 > The representatives of the employees and the member appointed by the President of the Republic shall have a period of two (2) years, can be successively designated for up to two (2) more periods.

The member designated by the President of the Republic must certify the following requirements:

a) Professional title;

b) At least six (6) years of professional experience;

c) Having performed, with good credit, management positions in the public or private sector:

(d) Not having been convicted of a judicial sentence to the custodial sentence, except for political or culpous crimes, and

e) Not having been disciplined in discipline, in the event that you have provided services to the State. Employees ' representatives must at all times be employees of the State, comply with the requirements laid down in literals (d) and (e) of this Article and shall automatically lose their character as members, when they cease in the exercise of public charges.

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ARTICLE 14. OF THE FUNCTIONS OF THE NATIONAL CIVIL SERVICE COMMISSION. 87 of the Law 443 of 1998 > Corresponds to the national civil service commission as responsible for the administration and supervision of the career of State employees, with the exception of of those with special character:

a) To monitor compliance with employee career standards at the national and territorial levels. In the event of an infringement of these rules, request the competent authority to impose penalties for fines, suspension or dismissal of offenders;

(b) to know, on its own initiative or at the request of a party, any irregularities which arise in the conduct of the selection process, and may leave them without effect, in whole or in part, to exclude from the lists of eligible persons the persons who have In violation of laws or regulations governing the administration of civil personnel at the service of the State and ordering the recall of appointments or other administrative acts, if I verify that these were carried out in violation of the rules governing the matter;

c) Recommend to the Administrative Department of Civil Service, initiatives, studies and research in areas related to personnel management;

(d) Privately absolve consultations on the administration of personnel that are formulated by the various agencies of the State and its employees ' organizations, in cases where it is not appropriate to do so to the Board of Consultation and Civil Service of the State Council or the Administrative Department of the Civil Service, whose concepts will not be mandatory;

e) To monitor that provisional appointments do not exceed the legal term. In the event of an infringement, request the competent authority to impose penalties for fines, suspension or dismissal of offenders;

f) Cooperating with the Government and the Administrative Department of Civil Service;

g) Delegate their roles in the civil service's sectional commissions;

h) Dictate your own regulations and that of the sectional commissions;

i) Knowing, in the second instance, the decisions taken by the civil service's sectional commissions, and

j) Other that are legally assigned to you.

PARAGRAFO. The government shall indicate the fees to which the members of the national civil service commission and its sectional commissions are entitled.

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ARTICLE 15. OF THE CIVIL SERVICE SECTIONALS COMMISSIONS. 87 of the Law 443 of 1998 > In each of the departments there will be a Sectional Commission of the Civil Service, which will fulfill, within its territorial district, in the form of delegation, the same Duties to be performed by the National Civil Service Commission. This commission shall be composed of the Governor of the Department who will chair the Chair, by the delegate of the Administrative Department of the Civil Service, by a representative of the employees appointed by the respective Governor, of listings presented by the employees ' organizations of a higher degree that group the employees of the State in the corresponding territorial district, by the Mayor of the Capital, by a representative of the Mayors, by the Regional Director of the Higher School of Public Administration, where the Director, in his absence, by the Director Regional of the National Learning Service SENA, and in the absence of this, by the official of the highest authority of this entity in the respective Department.

PARAGRAFO 1o. When circumstances warrant it, the National Civil Service Commission may temporarily resume the delegated functions, while those that originated the decision are exceeded.

PARAGRAFO 2o. In the case of the Department of Cundinamarca, two (2) mayors elected by the Federation of Mayors of the Department will participate.

The Mayor of Santafe of Bogota will not be part of the commission of this Department.

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ARTICLE 16. OF THE PERIOD AND THE QUALITIES OF THE MEMBERS OF THE SECTIONAL COMMISSIONS. 87 of the Law 443 of 1998 > The period of the members of the Sectional Commissions that do not have the quality of State employees, will be of two (2) years and may be designated for up to two (2) more periods.

The requirements of the members of these commissions will be the same for the members of the National Civil Service Commission.

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ARTICLE 17. SUPPORT FOR CIVIL SERVICE COMMISSIONS. 87 of the 1998 Law 443 > The National Civil Service Commission will have three (3) permanent advisors to whom the Technical Secretariat of the Civil Service is responsible, in accordance with the regulations. The following requirements must be established:

a) Being a Colombian born and a citizen in exercise;

b) Being a lawyer entitled;

(c) Not having been convicted of a judicial sentence for the deprivation of liberty, except for political or culpous crimes, and

d) Have been held for six (6) years, at least, positions of the professional, executive, advisor or executive level of the Executive Branch, or have exercised with good credit, for the same time, the profession of lawyer or the university chair in legal disciplines in officially recognised establishments.

Both the National Civil Service Commission and the Sectional Commissions will be able to count on the means of logistical and human support for the processing and attention of their own affairs. The administrative budget of the Administrative Department of the Civil Service will include the appropriations required for this purpose.

Each Civil Service Sectional Commission will have a Advisory Job, which will depend on the personnel plant of the Administrative Department of the Civil Service. The additional personnel and other means of support that are required for the performance of the functions assigned to them by the Sectionals will be provided by the respective Departments, prior to the conclusion of agreements with the Department Administrative of the Civil Service. These employees will act under the subordination and dependence of the official of this Department, who for all purposes will act as immediate superior.

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ARTICLE 18. OF THE PROVISIONAL APPOINTMENTS IN CASE OF COMMISSION. 87 of the Law 443 of 1998 > As long as the registered employees of the administrative career are in a commission of studies or in commission, free positions appointment and removal, the career jobs of which are holders, may only be provided on a provisional basis for the duration of the commission, if it is not possible to provide them by order with career employees.

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ARTICLE 19. OF THE TERM FOR THE APPLICATION OF THE RULES OF CAREER. 87 of the Law 443 of 1998 > The respective appointing authorities shall apply to the rules of race referred to in this law, in a term not greater than six (6) months, counted from of its validity.

While complying with the provisions of the foregoing paragraph, the rules governing the matter shall be governed by the rules.

In those municipalities with a population of less than ten thousand (10,000) inhabitants will apply the administrative career in all aspects that will be relevant.

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ARTICLE 20. MANUAL OF FUNCTIONS AND REQUIREMENTS IN THE TERRITORIAL ENTITIES. 87 of the Law 443 of 1998 > Within six (6) months following the validity of this Law, the Territorial Entities shall issue the manual of functions and requirements for the performance of jobs, and in general, to adopt the measures conducive to the implementation of the administrative career, for which they can count on the advisory of the Sectional Commissions of the Civil Service.

Within this same term, the National Government will establish the procedure for registration in the administrative career of State employees.

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ARTICLE 21. OF THE RESPONSIBILITY OF THE NOMINATORS. 87 of the Law 443 of 1998 > The appointing authority that makes appointments without complying with the rules laid down in this Law and in the regulations, and the members of the Commissions Sectionals of the Civil Service that, by action or omission, will allow them to cause misconduct and will respond patrimonially in the terms provided for in Article 90 of the Constitution. Politics.

The National and Sectional Commissions of the Civil Service, either on its own initiative or at the request of any citizen, shall take the appropriate measures to verify the fact and request that the corresponding sanction be applied.

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ARTICLE 22. REQUIREMENTS FOR JOBS AT THE TERRITORIAL LEVEL.

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ARTICLE 23. FROM THE ADVISORY TO THE TERRITORIAL ENTITIES. 87 of the Law 443 of 1998 > The Administrative Department of the Civil Service and the Superior School of Public Administration, will develop studies to facilitate the territorial entities adoption of the system of nomenclature of jobs and the scales of their remuneration, in accordance with the relevant legal provisions.

The territorial entities in adopting their system of nomenclature of jobs will take into account the need for such nomenclature to permit the identification of both the jobs included in the race, and those that remain outside, agreement with this law and the matching rules.

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ARTICLE 24. OF THE STAFF COMMISSIONS. 87 of the Law 443 of 1998 > In all the entities regulated by this law, there must be a Staff Committee that will conform to the current rules and its regulatory decrees, which is made up of two (2) representatives of the nominator and a representative of the employees.

This Commission will be integrated into a term of six (6) months counted from the time of this Act.

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ARTICLE 25. OF THE HIGHER COUNCIL OF THE CIVIL SERVICE. 87 of the Law 443 of 1998 > From the date on which the National Commission of the Civil Service is operating, the Superior Council of the Civil Service is abolished.

PARAGRAFO. The National Government, within the month following this law, will integrate the National Civil Service Commission and adopt the administrative and budgetary measures necessary for its operation.

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ARTICLE 26. OF THE EMPLOYEES AT THE SERVICE OF THE OVERSIGHT OF THE TREASURY. 87 of the Law 443 of 1998 > To the employees who provide their services in the Veeduria of the Treasury they will be applicable the rules contained in this Law and the other related with the administration of civilian personnel to the State service, with the exception of those governing the administrative career.

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ARTICLE 27. COMPLAINTS OF SERVICE USERS. 87 of Law 443 of 1998 > In case of serious complaint, founded and written for inefficiency or violation of the rules that guarantee the correct delivery of the service, imputable to certain officials, the The respective superior should immediately apply to the rules of the career for disciplinary misconduct, after evaluation of the seriousness and seriousness of the complaint.

The actor must receive timely answers of twenty (20) days and in the event of recklessness or bad faith may be punished with fines for violation under the Police Code, unless the fact is provided for another sanction.

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ARTICLE 28. OF THE BUDGET TRANSFERS. 87 of the Law 443 of 1998 > Authorize the National Government so that within a period not greater than six (6) months, counted from the validity of this Law, allocate the credits and carry out the transfers (a) budgetary resources necessary for the Administrative Department of the Civil Service and the Superior School of Public Administration to make the necessary steps to comply with this Law.

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ARTICLE 29. OF THE EXTRAORDINARY POWERS TO THE PRESIDENT OF THE REPUBLIC. 87 of the Law 443 of 1998 > In accordance with the numeral 10 of the article 150 of the Constitution Political review of precise Extraordinary powers to the President of the Republic, for the term of six (6) months from the date of the promulgation of this Law, to:

1o. Establish mechanisms and procedures to improve the training systems of public sector officials.

2o. To issue a continuous numbering statute that includes all the existing provisions with force of law, on administrative career, including special systems.

3o. To issue the rules laying down the relevant requirements for the entry into the administrative career in accordance with paragraph 3. of article 19.

4o. To issue the rules defining the procedures for competitions, assessments and qualifications to be carried out in the administrative career.

For the purposes of these powers, two (2) senators and two representatives of the Septimas and First Chamber and Senate committees, appointed by the boards of directors of these committees, will be assisted.

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ARTICLE 30. OF THE VALIDITY. 87 of the Law 443 of 1998 > This Law governs from its publication and modifies in the relevant the Decrees Laws 2400 and 3074 of 1968, the Decree-Law 1950 of 1973, the Law 13 of 1984, the Decree-Law 482 of 1985, the Law 61 of 1987, the Decree 573 of 1988 and the other provisions that are contrary to it, with the exception of the existing rules on the matter in the Capital District of Santafe of Bogota.

Article 10 of Decree Law 2400 of 1968, will continue in force in all its parts and for all its effects, starting with the validity of this Law.

The President of the Honorable Senate of the Republic,

JOSE BLACKBURN C.

The Secretary of the Honourable Senate of the Republic,

PEDRO PUMAREJO VEGA

The President of the honorable House of Representatives,

CESAR PEREZ GARCIA

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute

Given at Santafe in Bogota, D.C., at 23 December 1992

The Minister of Government,

HUMBERTO DE LA CALLE LOMBANA

The Minister of Labour and Social Security,

LUIS FERNANDO RAMIREZ ACUNA

The director of the civil service administrative department,

CARLOS HUMBERTO ISAZA

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