ACT 119 OF 1994
Official Gazette No. 41,216 of February 9, 1994
Whereby the National Apprenticeship Service restructuring, SENA, Decree 2149 of 1992 and repealing other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
NATURE, MISSION, OBJECTIVES AND FUNCTIONS
ARTICLE 1o. NATURE. The National Apprenticeship Service, SENA is a public establishment of national order with legal personality, its own independent heritage, and administrative autonomy under the Ministry of Labour and Social Security.
. MISSION. The National Apprenticeship Service, SENA, is responsible for fulfilling the role for the State to invest in the social and technical development of Colombian workers; and executing comprehensive offering vocational training for the incorporation and development of people in productive activities that contribute to social, economic and technological development.
ARTICLE 3. OBJECTIVES. The National Apprenticeship Service, SENA, will have the following objectives:
1. Provide comprehensive training to workers in all economic, and those activities without being, requiring such training, to increase by that means national productivity and promote the expansion and balanced economic and social development of the country, under the concept of social equity redistributive.
2. Strengthen comprehensive training processes that contribute to community development in urban and rural areas, for linking or promotion in productive activities of social and economic interest.
3. Appropriating methods, means and aimed at maximizing the coverage and quality of comprehensive training strategies.
4. Participate in research and technology, occupational and social development, contributing to the updating and improvement of comprehensive training.
5. Encourage those aimed at the formation and operation of a comprehensive regional system of vocational training in integration initiatives of Latin American and Caribbean international relations.
6. Update, permanently, processes and pedagogical, technological and administrative infrastructure to respond with efficiency and quality to the changes and demands of the demand for comprehensive training.
ARTICLE 4. FUNCTIONS. The functions of the National Apprenticeship Service, SENA, the following:
1. Promote social advancement of the worker, through his comprehensive training, to make it a useful and responsible citizen, holder of ethical, cultural and ecological moral values.
2. Ensure maintenance of mechanisms to ensure compliance with laws and regulations relating to the apprenticeship contract.
3. Organize, develop, manage and implement comprehensive training programs in coordination and according to social needs and the productive sector.
4. Ensure that the contents of vocational training programs technical unit is maintained.
5. Create and manage an information system on labor supply and demand.
6. Advance technology training programs and professional technique, under the terms provided in the respective laws.
7. Design, promote and implement comprehensive training programs for vulnerable sectors of the population.
8. Provide training in socio-entrepreneurial aspects to producers and rural communities and the urban informal sector.
9. Organize programs for comprehensive vocational training for unemployed and underemployed and programs of vocational rehabilitation for the disabled. Effective Jurisprudence
10. Issuing certificates of programs and courses that impart or validate, within the own fields of integrated vocational training, levels of laws authorize it.
11. Develop research that relate to the organization of work and technological advancement of the country, in terms of vocational training programs.
12. Advise the Ministry of Labour and Social Security in conducting research on human resources and the development and updating of the national classification of occupations, to provide input to the planning and preparation of plans and comprehensive training programs.
13. Advise the Ministry of Education in designing programs of technical education, to articulate them with comprehensive training.
14. Providing technological services based on comprehensive training, the costs will be fully covered by the beneficiaries, as long as the provision of vocational training programs is not affected.
The 5th ITEM. HOME. SENA domicile is the city of Bogotá, DC, and can create regional in parts of the country that requires.
The jurisdiction of the regional to be established, not necessarily should coincide with the general distribution of the national territory. In any case, each region should be structured in such a way that the rational and timely provision of services facilitate SENA.
CHAPTER II. MANAGEMENT AND ADMINISTRATION
ARTICLE 6o. MANAGEMENT AND ADMINISTRATION. The management and administration of SENA will be in charge of the National Executive Council and the Director General.
ARTICLE 7. NATIONAL BOARD. The National Board shall consist of:
1. The Minister of Labour and Social Security, who will preside, or the Deputy Minister as his deputy.
2. Minister of Economic Development or the Deputy Minister of Industry, Trade and Tourism as its delegate.
3. The Minister of National Education or Deputy Minister as his deputy.
4. A representative of the Episcopal Conference.
5. A representative of the National Association of Industrialists, ANDI.
6. A representative of the National Federation of Merchants, Fenalco.
7. A representative of the Agricultural Society of Colombia, SAC.
8. A representative of the Colombian People's Association of Industrialists, Acopi.
9. Two representatives of the Confederation of Workers.
10. A representative of FOs.
PARAGRAFO 1o. The Director General of SENA attend meetings of the National Executive Council with voice but no vote.
PARAGRAFO 2o. None of the individuals who make up the National Board of Directors may have employment or contractual relationship with the SENA.
Article 8. APPOINTMENT OF MEMBERS OF THE NATIONAL COUNCIL OF DIRECTORS. The members representing different sectors of the National Government in the National Board shall be appointed for two-year periods, thus:
1. Representatives of ANDI, Fenalco, SAC and Acopi by national directors of each guild.
2. The representative of the Episcopal Conference by the same body.
3. The representatives of the workers one by each of the confederations accredited to the Ministry of Labour and Social Security, have the greatest number of workers.
4. The representative of peasant organizations, the organization that accredits the largest membership.
PARÁGRAFO. Each member of the National Board shall have an alternate who will represent their temporary or permanent absences and will be appointed for the same period and the same way as the principal.
If expiration of the period to which representatives referred to in this article are not reappointed or replaced, will continue in previous interim until the designation occurs. Once produced this property, it shall be understood for the rest of the period.
Article 9. MEETINGS OF THE NATIONAL BOARD. The National Executive Council shall meet regularly at least once a month, or by summons of its Chairman, six (6) members or the Director General.
ARTICLE 10. FUNCTIONS OF THE NATIONAL BOARD. The functions of the National Board:
1. Define and formulate the general policy and plans and programs of the organization.
2. Choosing Vice Chairman for periods of one (1) year.
3. Adopt the internal statutes of the entity and any reform that they enter and submit for approval by the national government, when it has place.
4. Adopt the statute of comprehensive vocational training, taking into account the recommendations of the National Council of Integral Vocational Training.
5. Regulate the National Committee for Comprehensive Vocational Training.
6. Regulate Center Technical Committees.
7. Guide the overall functioning of the organization, verify compliance with the adopted policy and create the necessary mechanisms for achieving its mission.
8. Determine the internal organization of the institution and the creation of the posts of the Directorate General and regional.
9. Authorize the proposals of the Director General on the following matters:
a) systems or standards for selection, guidance, promotion and comprehensive training of student workers;
B) The creation, integration or deletion of regional units, sectional areas and centers, according to the needs of vocational training;
C) Identification, adoption and modification of the plant personnel, indicating their nomenclature and adoption functions manual jobs;
D) The system of ranks of officials;
E) The annual budget of the entity and agreements expenditures;
F) The relationship of trades that require methodical and complete vocational training and therefore be the subject of apprenticeship contract and regulating its implementation, its forms and characteristics; Effective Jurisprudence
G) Plans and training programs, updating and scholarships for officials and scholarship programs for students;
H) programs and agreements of national and international technical cooperation;
I) Commissions outside SENA officials and members of boards and committees, in accordance with the laws and regulations.
10. Propose candidates among people linked to SENA, to bring the country's representation in international training events.
11. Request the hiring of labor management control or internal control when necessary.
12. Annually assess compliance with the administrative, financial and operational goals.
13. Periodically review and approve the offer of comprehensive training programs, according to the needs identified in the external sector.
14. Adopt its own rules.
15. Define the regional percentages should be transferred to the Directorate General, in accordance with Article 33 of this Law.
16. Other established by law.
PARÁGRAFO. The National Board may delegate to the Director-General and Regional Councils functions as it deems appropriate.
ARTICLE 11. DIRECTOR GENERAL. The Director General is an agent of the President of the Republic, their appointment and removal, and legal representative of the entity.
ARTICLE 12. DIRECTOR GENERAL REQUIREMENTS. To be appointed Director General of SENA is required to have university degree and credit less than five (5) years in management level positions in areas related to public, administrative, educational management, vocational training, and technological development areas.
ARTICLE 13. FUNCTIONS OF THE GENERAL DIRECTOR. The functions of the Director General:
1. Prepare plans and operational and comprehensive training programs and submit them to the National Board for approval.
2. Implement, monitor and evaluate the plans and approved by the National Board programs.
3. Direct, coordinate and control personnel of the entity.
4. Direct, coordinate and control the administrative and technical functions operational projects.
5. Enact administrative acts, perform operations and conclude contracts necessary for the administrative management for the fulfillment of the mission of the organization.
6. Presenting the budget of the entity for the approval of the National Board, and monitor and control their execution.
7. Submit to the consideration of the National Executive Council matters within its competence.
8. Appoint and remove personnel hiring SENA in accordance with the provisions in force.
9. Hiring experts or foreign nationals whose knowledge or experience required to advance specific programs or projects of interest for the development of SENA, where there is no availability of those in the state.
10. Submit an annual report to the President of the Republic, through the Ministry of Labour and Social Security, and the National Board.
11. Determine, in advance of at least one month starting dates of the training programs.
12. Within the quota of trainees, and following the guidelines of the National Board, employers agree with specialties in which they should hire.
13. Imposed on employers who do not maintain the number of apprentices they are concerned, there Were not signed or the beginning of each respective period teaching contracts, monthly fines up to one legal monthly minimum wage per apprentice. Firm the administrative acts shall render enforceable.
14. After approval of the National Executive Council hold national conventions and international technical cooperation.
15. Before the concept of the National Committee for Vocational Training, adopt or adapt programs integral vocational training as well as training programs for instructors.
16. The others indicated in the law or the statutes, referring to the overall functioning of the institution, are not attributed to another authority.
PARÁGRAFO. The Director General may delegate the functions of his office, in accordance with the provisions to that effect issued by the National Board.
ARTICLE 14. NATIONAL COMMITTEE OF INTEGRAL TRAINING. Create the National Committee for Comprehensive Vocational Training, responsible for advising the National Executive Council and the Director General concerning the updating of comprehensive training, type of specialty programs, contents and methods, seeking to maintain the technical unit, raise the quality of comprehensive training and promote productive and human resources development in the country.
The Internal Statute shall regulate its composition, operation and functions. This Committee shall be composed of officials of the entity being able to include external experts.
CHAPTER III. REGIONAL ORGANIZATION
ARTICLE 15 REGIONAL
. In order to facilitate the provision of services throughout the national territory, SENA will have regional as provided by the organizational structure of the organization, streamlining efforts to provide the service and according to criteria of geographical regional units, social, economic and cultural.
PARÁGRAFO. In no case may create regional whose projected income is less than 1% of the total revenue of the entity. It means the revenue from the contributions provided for in paragraph 4o. Article 30 of this Law.
ARTICLE 16. MANAGEMENT AND ADMINISTRATION REGIONAL. The management and administration of the regional entity will be headed by a Regional Council and a Regional Director.
ARTICLE 17 regional councils. The Regional Councils shall be composed of representatives from the same entities and organizations that comprise the National Board, established in the region, in equal proportion, designation and period.
PARAGRAFO 1o. The Regional Director will attend meetings of the Regional Council, with voice but no vote.
PARAGRAFO 2o. None of the individuals that make up the Regional Board may take any employment or contractual link with SENA.
ARTICLE 18. MEETINGS OF REGIONAL COUNCILS. The Regional Councils will meet in the same manner and periodicity of the National Board.
ARTICLE 19. FUNCTIONS OF REGIONAL COUNCILS. The functions of the Regional Councils:
1. Approve plans and regional programs, consistent with national plans and programs of the institution, after hearing the concept of Technical Committees Center.
2. Effective Notes
3. Elect the President and Vice President of the Council for periods of one year.
4. Advise the National Executive Council, the Director General and the Regional Director in studies on human resources and training needs of the Regional, in the programming of vocational training centers.
5. SENA promote services to economic and labor sectors they represent and contribute to the realization of the aims.
6. National Board propose to the opening of specialties, according to the social and business needs of the region.
7. Study and review the proposed budgets of the Regional and formulate the Regional Director, the recommendations it deems appropriate.
8. Ensure, within their jurisdiction, the proper budget execution and propose adjustments it deems necessary, for which officials SENA those assigned responsibility for this operation shall render quarterly reports or at such intervals as the Board deems necessary .
9. Studying the annual or occasional reports on the progress of the institution should take the Regional Director and submit to it and the Director-General's observations that may arise.
10. Issue its own regulations.
11. Other delegated by the National Board.
ARTICLE 20 Regional Directors. Regional will be managed by a Regional Director, who will be representative of the Director-General, his appointment and removal, and will be responsible for coordinating, managing and ensuring the implementation of the activities of SENA within its jurisdiction. Effective Notes
ARTICLE 21. SELECTION AND REQUIREMENTS OF REGIONAL DIRECTORS. Effective Notes
To be appointed Regional Director, are required to have university degree, demonstrate a minimum experience of three (3) years in management level positions in related administrative, educational, management training and technological development and living areas linked to the region.
ARTICLE 22. TECHNICAL COMMITTEES OF THE CENTER. Each center SENA will have the assistance of a Technical Committee Centre, which shall include a representative of the national, departmental or municipal government, depending on the coverage and characteristics of the Centre as well as business, labor, universities, researchers and specialists the subsector, preferably domiciled in the same region. The SENA National Executive Council shall regulate the establishment and operation of Technical Committees Center.
PARÁGRAFO. Prior approval of the National Executive Council, Technical Committees may be established to advise Centro more than one center. To this end the interests of the respective economic sector, the community or the corresponding region is taken into account. In such an event may become technical subcommittees that facilitate compliance function Committees.
ARTICLE 23. ADMINISTRATION OF CENTRES. The heads of SENA center shall be appointed from lists submitted by the Technical Committee of the respective center, the Director General.
The Technical Committee will include the participation of SENA officials in shaping the lists referred to in this article.
ARTICLE 24. FUNCTIONS OF THE TECHNICAL COMMITTEES OF THE CENTER. The functions of the Technical Committees of Centre the following:
1. Authorize annually the center plan, which must be framed in terms of orientation and budget within the policies that determine the Directorate General and the respective Regional.
2. Recommend to the National Committee for Vocational Training and the Director General training programs and technological development, and employment information that must be included in the plans center.
3. Guide the implementation of spending the center, within the definitions of institutional policy, once it has been allocated the budget.
4. Periodically review and recommend, where appropriate in modifications or adjustments to the technical and pedagogical designs and relevant training programs.
5. Authorize requests made the head of Center for distribution and modification of the annual budget of the respective center and ensure evaluation and monitoring.
6. Recommend the type of equipment, materials, endowments and resources in concept should be used by the Centre.
7. Periodically evaluate the operation of the center and make recommendations as it deems necessary for the achievement of its goals.
8. Present, at least annually, an evaluation report by the Regional Council.
9. The other functions as assigned by the National Board.
ARTICLE 25. CRITERIA FOR SHARES OF TECHNOLOGICAL DEVELOPMENT. Any action for technological development must be closely linked to the strengthening of comprehensive training programs.
PLANNING AND CONTROL ARTICLE 26.
PLANNING. Planning will be decentralized, consistent with local and sub-sectoral demands and national and regional policies of the Governing Councils.
ARTICLE 27. EVALUATION OF RESULTS. SENA, in fulfillment of its mission, include in their plans, programs and projects, specific goals, indexes management and efficiency, as well as other evaluation tools that are considered relevant.
ARTICLE 28. INTERNAL CONTROL. SENA maintain a system of internal control and design methods and procedures to ensure that all activities of the entity and the exercise of the functions performed by their servers, are conducted in accordance with constitutional and legal norms and subject to strict criteria of morality, effectiveness, efficiency, economy, speed, impartiality and publicity.
ARTICLE 29. FISCAL CONTROL. SENA fiscal control will be exercised by the Comptroller General of the Republic, under the terms of the Constitution and the law. CHAPTER V.
HERITAGE AND FINANCING ARTICLE 30.
HERITAGE. SENA equity consists of:
1. The assets currently owned and receiving or acquiring any title.
2. Revenue from product sales and services as a result of actions of comprehensive professional training and technological development.
3. Donations and contributions from third parties and allowances of assets and resources law.
4. The contributions of employers for investment in social development and technical workers, collected by family compensation funds or directly by SENA, thus:
a) The monthly contribution half percent (1/2% ) than on wages and salaries must make the Nation and territorial entities, within the first ten (10) days of each month;
B) The contribution of two percent (2%) than within ten (10) days of each month should make private employers, public institutions, industrial and commercial enterprises of the state and economy companies mixed on payments made in return for wages.
5. The sums from sanctions imposed by the Ministry of Labour and Social Security for violations of the rules of the Labor Code and other provisions that add to or reform, as well as those imposed by the SENA.
The contributions dealt with in paragraph 4o. of these items are payroll contributions. Effective Notes
ARTICLE 31. CONTRIBUTIONS ROTATION. The revenues raised by the Family Compensation and the Agrarian Fund will be drawn to SENA, thus:
1. The proceeds within the first ten (10) days of each month, no later than the 20th calendar month.
2. Proceeds from day eleven (11) and the last day of the month, within the first ten (10) calendar days of the following month.
Vencidos these terms, interest on the respective value of the collection, the moratorium certifying rate will cause the Banking Superintendency.
ARTICLE 32 ALLOCATION. SENA will collect all the resources of the entity to be allocated to the development of its objectives and functions in strict compliance with its mission of comprehensive professional training.
ARTICLE 33. DISTRIBUTION OF REGIONAL RESOURCES. Each regional financially self apply to the realization of the mission up to 70% of its revenues. Meanwhile, regional others apply the same target up to 80% of its revenues. The remaining shall be recorded into account specific destination in the Directorate General and will go to:
a) The maintenance of the Directorate General, and
b) Support or finance vocational training programs to be implemented in regions and sectors with insufficient income to achieve the same.
PARÁGRAFO. The National Board will define the criteria for identifying regions self-sufficient and who are not and revise when appropriate percentages referred to within the range provided in this Article. To this end, the National Board will consider the structure of the labor market, regional needs unmet, the concept of the Regional Councils and the actual implementation of the budget.
ARTICLE 34 CERTIFICATION ON PAYMENT OF CONTRIBUTIONS. Bound for the Tax and Customs and acceptance of the deduction for wages, SENA issue a peace and safe to employers that the date hereof and all vigencias been complied fully with the obligation of the date hereof and all lifetimes, I will have fully complied with the obligation to make their contributions to the entity, specifying the amount of the sums paid.
Also will issue certificates for purposes of the tax breaks that law is the 6th.
1992. PARÁGRAFO. Computers spending of public sector entities, without just cause does not provide for the timely payment of contributions provided for in Article 28 of this Law shall incur grounds for misconduct to be sanctioned under the current disciplinary regime.
ARTICLE 35 APPLICATION AND INTERNATIONAL OFFER TECHNICAL COOPERATION. SENA technical cooperation to manage specialized international organizations and governments or private entities that have experience in their own fields of expertise.
Also SENA may provide technical cooperation to other countries in own shares its mission.
ARTICLE 36. NATIONAL TECHNICAL COOPERATION. The Director General of SENA, after approval of the National Board may enter into technical cooperation agreements with public and private national bodies.
ARTICLE 37. LABOUR DIET. SENA servers are linked to public employees or government workers.
The status of the entity determine the charges shall be provided by official workers, and administrative career, without prejudice to existing rules.
ARTICLE 38. PERSONAL STUDY ON PLANT-TRANSIENT. The National Board will select a specialized recognized qualifications and experience entity, and authorize the Director General to contract with it: First, the study and analysis of plant personnel must have the SENA to develop its mission, in accordance with the mechanisms administration provided for in this law, the social and the productive sector needs; and second: The assessment of the skills and knowledge of personnel providing services to the entity. This analysis must be drawn up within a maximum of eight (8) months from the contract.
The National Board will establish the criteria for the study, analysis and assessment which this article refers to. To this effect, take into account the concepts of the Advisory Committee that is transitory Article 40 of this Law.
ARTICLE 39. DETERMINATION OF PLANT PERSONAL-TRANSIENT. Within six (6) months after the end of the study referred to in the previous article, the National Board will determine the new plant personnel.
ARTICLE 40. ADVISORY COMMISSION-TRANSIENT. During the restructuring process of the institution and to the incorporation in the staffing, the National Board will consider the concepts of a representative advisory committee of workers of the institution, which this article is created, and will be composed as follows: two (2) representatives of SINDESENA, one (1) SINTRASENA and two (2) elected officials nonunion SENA. The National Executive Council shall regulate this election.
ARTICLE 41. INCORPORATION IN THE NEW PLANT-TRANSIENT. The Director General of SENA shall incorporate in office of the new plant personnel, within six (6) months following its adoption, people who currently work in the state, which according to the study referred to in Article 38 comply with the skills and knowledge required.
However, within the same period, the National Board establish and regulate the cases and circumstances in which the current SENA officials to be incorporated into the plant but do not meet all the requirements for new charges, no detriment of their current working conditions.
ARTICLE 42. PRIORITIES AND STUDY-TRANSIENT. For incorporation of officials in the new plant personnel, SENA will prioritize processes retraining, relocation and retraining of personnel involved, where this is appropriate, in accordance with the provisions of Articles 38, 39, 40 and 41 this Law.
the National Board will establish a study commission system that facilitates the processes which this article refers to.
ARTICLE 43. WAGE SYSTEM. The Government, within the powers provided for in the Law on the 4th. 1992, for purposes of wage and benefits conditions, taken into account in relation to public employees SENA, the ranks and status of the entity and the criteria for this effect presented by the National Executive Council, before 15 December each year.
The Government, in accordance with Article 6. the 4th Law. 1992 may delegate this authority to the Director General of SENA.