By Which The National Apprenticeship Service Restructuring, Sena, Decree 2149 Of 1992 Was Repealed And Other Provisions

Original Language Title: Por la cual se reestructura el Servicio Nacional de Aprendizaje, SENA, se deroga el Decreto 2149 de 1992 y se dictan otras disposiciones

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ACT 119 OF 1994

(February 9)

Official Journal No. 41.216 of 9 February 1994

For which the National Learning Service is restructured, SENA, Decree 2149 of 1992 is repealed and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

NATURE, MISSION, OBJECTIVES, AND FUNCTIONS

ARTICLE 1o. Nature. The National Learning Service, SENA, is a public establishment of the national order with legal personality, its own and independent patrimony, and administrative autonomy, attached to the Ministry of Labor and Social Security.

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ARTICLE 2o. Misión. The National Learning Service, SENA, is responsible for fulfilling the role of the State of investing in the social and technical development of Colombian workers; offering and executing professional training integral, for the incorporation and development of people in productive activities that contribute to the social, economic and technological development of the country.

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ARTICLE 3o. GOALS. The National Learning Service, SENA, will have the following objectives:

1. To provide comprehensive vocational training for workers in all economic activities, and those who do not, require such training, in order to increase national productivity and promote economic and social expansion and development. the country's harmonics, under the concept of redistributive social equity.

2. Strengthen the processes of integral vocational training that contribute to community development at the urban and rural level, for their involvement or promotion in productive activities of social and economic interest.

3. Appropriate methods, means and strategies aimed at maximizing the coverage and quality of comprehensive vocational training.

4. Participate in research and technological, occupational and social development activities that contribute to the updating and improvement of comprehensive vocational training.

5. To foster international relations aimed at the formation and operation of a regional system of integral vocational training within the integration initiatives of the countries of Latin America and the Caribbean.

6. To update, in a permanent way, the processes and the pedagogical, technological and administrative infrastructure to respond with efficiency and quality to the changes and demands of the demand for integral vocational training.

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ARTICLE 4. FUNTIONS. These are the functions of the National Learning Service, SENA, the following:

1. To promote the social promotion of the worker, through his integral professional training, in order to make him a useful and responsible citizen, possessing ethical, cultural and ecological moral values.

2. Ensure the maintenance of the mechanisms to ensure compliance with the laws and regulations related to the learning contract.

3. Organize, develop, administer and implement comprehensive vocational training programs, in coordination and in the light of social and productive needs.

4. Ensure that the technical unit is maintained in the content of the vocational training programmes.

5. Create and manage an information system on labour supply and demand.

6. To bring forward technological and technical training programmes in accordance with the respective legal provisions.

7. To design, promote and implement comprehensive vocational training programs for unprotected sectors of the population.

8. Provide training in socio-entrepreneurial aspects to the producers and communities of the informal urban and rural sector.

9. C-458-15 > Organize comprehensive vocational training programs for unemployed and underemployed people and professional rehabilitation programs for people

10. To issue certificates and certificates for programmes and courses that provide or validate, within the fields of integral vocational training, at the levels that the legal provisions authorize.

11. To develop research related to the organization of the work and the technological advancement of the country, according to the professional training programs.

12. To advise the Ministry of Labor and Social Security in carrying out research on human resources and in the elaboration and permanent updating of the national classification of occupations, which will serve as input to the planning and elaboration of of comprehensive vocational training plans and programmes.

13. To advise the Ministry of National Education on the design of the technical education programs, to articulate them with comprehensive vocational training.

14. Provide technological services on the basis of comprehensive vocational training, the costs of which will be fully covered by the beneficiaries, provided that the provision of vocational training programmes is not

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ARTICLE 5o. HOME. The home of the SENA is the city of Santafe of Bogota, D.C., and you can create regional in the places of the country that you require.

The jurisdiction of the regional ones that are constituted, will not necessarily have to coincide with the general distribution of the national territory. In any case, each regional must be structured in such a way as to facilitate the rational and timely delivery of the services of the SENA.

CHAPTER II.

ADDRESS AND ADMINISTRATION

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ARTICLE 6o. ADDRESS AND ADMINISTRATION. The management and administration of the SENA will be in charge of the National Steering Board and the Director General.

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ARTICLE 7o. NATIONAL BOARD. The National Board of Directors shall be composed of:

1. The Minister of Labour and Social Security, who will chair him, or the Deputy Minister as his delegate.

2. The Minister of Economic Development or the Deputy Minister of Industry, Commerce and Tourism as its delegate.

3. The Minister of National Education or the Deputy Minister as his delegate.

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 Traders, Fenalco.

7. A representative of the Colombian Farmers ' Society, SAC.

8. A representative of the Colombian People's Association of Industrialists, Acopi.

9. Two representatives of the Workers ' Confederations.

10. A representative of the Peasant Organizations.

PARAGRAFO 1o. The Director General of SENA will attend the meetings of the National Board of Directors with a voice but no vote.

PARAGRAFO 2o. None of the natural persons in the National Board of Directors may have employment or contractual ties with the SENA.

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ARTICLE 8o. DESIGNATION OF MEMBERS OF THE NATIONAL GOVERNING COUNCIL. Members representing sectors other than the National Government in the National Board of Directors, will be appointed for two-year terms, as follows:

1. The representatives of ANDI, Fenalco, SAC and Acopi, by the national directives of each union.

2. The representative of the Episcopal Conference for the same body.

3. The representatives of the workers one for each of the confederations that accredit to the Ministry of Labor and Social Security, to have the largest number of affiliated workers.

4. The representative of the peasant organizations, by the organization that accredits the largest number of affiliates.

PARAGRAFO. Each member of the National Board of Directors shall have an alternate who shall represent him in his or her temporary or final absences and shall be designated for the same period and in the same manner as the principal.

If, at the expiration of the corresponding period, the representatives referred to in this Article are not re-elected or replaced, the above shall continue until the date of the appointment. Once produced is owned, it will be understood for the remainder of the period.

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ARTICLE 9o. MEETINGS OF THE NATIONAL BOARD OF DIRECTORS. The National Board of Directors shall ordinarily meet at least once a month, or as a summons to its President, from six (6) of its members or from the Director General.

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ARTICLE 10. FUNCTIONS OF THE NATIONAL BOARD. These are the functions of the National Steering Board:

1. Define and formulate the general policy and plans and programs of the entity.

2. Choose Vice President of the Council for periods of one (1) year.

3. Adopt the internal statutes of the entity and any reform that they introduce and submit them to the approval of the National Government, when there is a place.

4. Adopt the status of comprehensive vocational training, taking into account the recommendations of the National Council for Integral Vocational Training.

5. To regulate the National Committee for Integral Professional Training.

6. Regulate the Technical Committees of the Centre.

7. To guide the general functioning of the entity, to verify its conformity with the adopted policy and to create the necessary mechanisms for the achievement of its mission.

8. Determine the internal organization of the entity and the creation of the positions of the Directorate General and the regional ones.

9. To authorise the Director-General's proposals on the following subjects:

(a) Systems or standards for the selection, guidance, promotion and comprehensive vocational training of student workers;

b) The creation, integration or suppression of regional, sectional, zone and center units, in accordance with the needs of vocational training;

c) The determination, adoption and modification of the staff plant, pointing to its nomenclature and adoption of the job functions manual;

d) The officials ' escalation system;

e) The entity's annual budget and expense agreements;

(f) The relationship of trades which require full and methodical vocational training and which will therefore be the subject of a learning contract, as well as to regulate the application of this contract, its modalities and characteristics;

g) Plans and programs for training, updating, and scholarships for officials and scholarship programs for students;

h) National and international technical cooperation programmes and conventions;

i) The foreign commissions of the SENA officials and the members of the councils and the committees, in accordance with the laws and regulations.

10. To propose candidates among people linked to the SENA, to bring the country's representation in international professional training events.

11. Request the procurement of management control or internal control tasks when deemed necessary.

12. Annually assess compliance with administrative, financial and operational goals.

13. Periodically review and approve the offer of comprehensive vocational training programs, according to the needs identified in the external sector.

14. Adopt its own rules of procedure.

15. Define the percentages that the regional ones will have to transfer to the Directorate General, in accordance with the provisions of article 33 of this Law.

16. The others I pointed out the law.

PARAGRAFO. The National Steering Board may delegate to the Director General and Regional Councils the functions it deems appropriate.

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ARTICLE 11. CEO. The Director General is the agent of the President of the Republic, his free appointment and removal, and legal representative of the entity.

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ARTICLE 12. GENERAL MANAGER REQUIREMENTS. To be appointed Director General of the SENA, it is required to hold a professional university degree and to establish minimum experience of five (5) years in senior management positions in management-related areas. public, administrative, educational, vocational training, or technological development.

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ARTICLE 13. GENERAL MANAGER FUNCTIONS. Are Director General functions:

1. Prepare plans and operational programs and comprehensive professional training programs and submit them to the National Board of Directors for approval.

2. Execute, monitor and evaluate plans and programs approved by the National Board of Directors.

3. Direct, coordinate and control the staff of the entity.

4. Direct, coordinate and control the administrative and technical functions of operational projects.

5. To issue administrative acts, conduct operations and conclude contracts necessary for administrative management with a view to the fulfilment of the entity's mission.

6. Present the budget of the entity, for the approval of the National Board of Directors, and monitor and control its execution.

7. Subject to the consideration of the National Board of Directors the matters of its competence.

8. Appoint, hire and remove the staff of the SENA, in accordance with the provisions in force.

9. To hire national or foreign experts whose knowledge or experience is required to advance specific programs or projects of interest to the development of the SENA, when there is no availability of those in the entity.

10. Submit an annual report to the President of the Republic, through the Ministry of Labor and Social Security, and to the National Board of Directors.

11. To determine, in advance of at least one month, the dates of initiation of the vocational training programmes.

12. Within the quota of apprentices, and following the guidelines of the National Board of Directors, to arrange with the employers the specialties in which they have to contract.

13. To impose on employers who do not keep the number of apprentices concerned, or have not subscribed to the respective contracts at the start of each teaching period, monthly fines up to a statutory minimum monthly salary, for each apprentice. In signing the corresponding administrative acts, they will lend executive merit.

14. Prior to the favorable concept of the National Board of Directors, to conclude the national and international technical cooperation agreements.

15. Prior to the concept of the National Vocational Training Committee, adopt or adapt the comprehensive vocational training programs, as well as training programs for instructors.

16. Any other who points out the law or the statutes which, referring to the general functioning of the institution, are not attributed to another authority.

PARAGRAFO. The Director General may delegate the functions of his or her office, in accordance with the provisions for which the National Board of Directors is responsible.

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ARTICLE 14. NATIONAL COMMITTEE FOR INTEGRAL VOCATIONAL TRAINING. Create the National Committee for Integral Professional Training, which is responsible for advising the National Board of Directors and the Director General regarding the updating of training. comprehensive professional, the type of specialties, programs, contents and methods, seeking to maintain the technical unit, raise the quality of the integral professional training and promote the productive development and the human resources of the country.

The Rules of Procedure will regulate its composition, operation and functions. This Committee shall be composed of officials of the institution, including external experts.

CHAPTER III.

REGIONAL ORGANIZATION

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ARTICLE 15. REGIONAL. In order to facilitate the provision of services throughout the national territory, the SENA will count on Regional as it has the organizational structure of the entity, rationalizing the efforts for the delivery of the service and taking into account the criteria of regional geographical, social, economic and cultural units.

PARAGRAFO. Under no circumstances may regional authorities whose projected revenues are less than 1% of the total revenue of the institution. It is understood by ordinary income from the contributions provided for in the number 4. of article 30 of this Act.

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ARTICLE 16. REGIONAL MANAGEMENT AND ADMINISTRATION. The management and administration of the regional entities of the entity will be in charge of a Regional Council and a Regional Director.

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ARTICLE 17. REGIONAL COUNCILS. The Regional Councils will be composed of representatives of the same entities and organizations that make up the National Board of Directors, established in the region, in equal proportion, designation and period.

PARAGRAFO 1o. The Regional Director will attend the Regional Council sessions, with voice but no vote.

PARAGRAFO 2o. None of the natural persons in the Regional Board of Directors may have any employment or contractual relationship with the SENA.

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ARTICLE 18. REGIONAL COUNCILS MEETINGS. Regional Councils will meet in the same form and periodicity of the National Board of Directors.

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ARTICLE 19. FUNCTIONS OF REGIONAL COUNCILS. These are the functions of the Regional Councils:

1. Approve the regional plans and programmes, in line with the national plans and programmes of the institution, heard the concept of the Technical Committees of the Centre.

2.

3. To elect the President and the Vice President of the Council for one year.

4. To advise the National Board of Directors, the Director General and the Regional Director in the studies on human resources and needs of vocational training of the Regional, in the programming of the vocational training centers.

5. Promote the services of the SENA in the economic and labor sectors that represent and contribute to the realization of the goals it pursues.

6. Propose to the National Board of Directors the opening of specialties, in accordance with the social and business needs of the region.

7. To study and review the Regional Budget projects and to formulate recommendations to the Regional Director.

8. To ensure, within the territory of its jurisdiction, the correct budgetary execution and to propose any adjustments it deems necessary, for which the officials of the SENA who are assigned the responsibility for this management will report to him quarterly or with the periodicity which the Council considers essential.

9. Study the annual or occasional reports on the institution's progress to be submitted by the Regional Director and submit observations to the Regional Director and the Director-General.

10. Dictate your own rules.

11. The others delegated to you by the National Board of Directors.

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ARTICLE 20. REGIONAL DIRECTORS. The regional directors shall be managed by a Regional Director, who shall be the representative of the Director General, of his free appointment and removal, and have the responsibility to coordinate, administer and ensure the execution of the activities of the SENA within its jurisdiction.

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ARTICLE 21. SELECTION AND REQUIREMENTS OF REGIONAL DIRECTORS.

To be appointed Regional Director, it is required to hold a professional degree, credit a minimum experience of three (3) years in senior management positions, in areas related to administrative, educational, training management professional or technological development and be linked to the region.

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ARTICLE 22. CENTRAL TECHNICAL COMMITTEES. Each SENA center will have the advice of a Technical Committee of the Center, of which a representative of the National Government, Departmental or Municipal, will be part, depending on the coverage and characteristics of the Centre, as well as entrepreneurs, workers, universities, researchers and specialists in the sub-sector, preferably domiciled in the same region. The National Steering Board of the SENA will regulate the conformation and operation of the Technical Committees of the Center.

PARAGRAFO. Upon approval of the National Board of Directors, Technical Committees of the Center may be set up to advise more than one center. This will take into account the interests of the respective economic sector, the community or the region concerned. In such an event, technical subcommittees may be constituted to facilitate compliance with the function of the Committees.

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ARTICLE 23. ADMINISTRATION OF THE CENTERS. The heads of the center of the SENA will be appointed by the Technical Committee of the respective center, to the Director General.

The Technical Committee will consider the participation of SENA officials in the shaping of the terns referred to in this article.

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ARTICLE 24. FUNCTIONS OF THE TECHNICAL COMMITTEES OF THE CENTER. The following are functions of the Technical Committees of the Center:

1. To authorize annually the plan of the center, which must be framed in terms of orientation and budget, within the policies that determine the respective Directorate General and Regional.

2. To recommend to the National Committee for Vocational Training and the Director-General for training and technological development programmes and for information on employment to be included in the Centre's plans.

3. To guide the implementation of the expenditure of the centre, within the definitions of institutional policy, once the budget has been allocated to it.

4. Periodically review and recommend, where appropriate, modifications or adjustments to technical-pedagogical designs and corresponding training programmes.

5. To authorise requests made by the Head of Centre on the distribution and modification of the annual budget of the respective centre and to carry out its evaluation and monitoring.

6. Recommend the type of equipment, materials, endowments and resources that in its concept must be used by the Center.

7. Periodically evaluate the operation of the center and formulate recommendations that it considers relevant for the achievement of its goals.

8. Submit, at least annually, an evaluation report from the Center to the Regional Council.

9. Other functions assigned to you by the National Steering Board.

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ARTICLE 25. CRITERIA FOR TECHNOLOGICAL DEVELOPMENT ACTIONS. Any action of technological development must be closely linked to the strengthening of the comprehensive vocational training programmes.

CHAPTER IV.

PLANNING AND CONTROL

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ARTICLE 26. PLANNING. Planning will be decentralized, in coherence with local and sub-sectoral demands and national and regional policies of the Boards.

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ARTICLE 27. EVALUATION OF RESULTS. The SENA, in compliance with its mission, will include in its plans, programs and projects, specific goals, management and efficiency indices, as well as the other evaluation tools that are considered relevant.

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ARTICLE 28. CONTROL INTERNO. The SENA will maintain an internal control system and design the methods and procedures necessary to ensure that all the activities of the entity, as well as the exercise of the functions carried out by its servers, are carried out in accordance with constitutional and legal standards and subject to strict criteria of morality, effectiveness, efficiency, economy, speed, impartiality and publicity.

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ARTICLE 29. FISCAL CONTROL. The fiscal control of SENA will be exercised by the Comptroller General of the Republic, in the terms that the Constitution and the law indicate.

CHAPTER V.

WEALTH AND FINANCE

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ARTICLE 30. HERITAGE. The heritage of SENA is made up of:

1. The goods that you currently own and those you receive or acquire any title.

2. Revenue generated from the sale of products and services as a result of comprehensive professional training and technological development.

3. Donations and contributions from third parties and appropriations by law on goods and resources.

4. The contributions of the employers to the investment in the social and technical development of the workers, collected by the family compensation boxes or directly by the SENA, as well:

(a) The monthly contribution of half a percent (1/2%) that on wages and wages must be made by the Nation and the territorial entities, within the first ten (10) days of each month;

b) The contribution of two percent (2%) that within the first ten (10) days of each month private employers, public establishments, industrial and commercial enterprises of the State and mixed-economy companies must be made, on the payments they make as remuneration for salaries.

5. The amounts resulting from the sanctions imposed by the Ministry of Labor and Social Security for violations of the rules of the Substantive Labor Code and other provisions that add or reform it, as well as those imposed by the SENA.

25 of the Law 225 of 1995 > The contributions of the number 4. of these articles are parafiscal contributions.

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ARTICLE 31. TURN OF CONTRIBUTIONS. The collections collected by the Family Compensation Boxes and the Agrarian Fund will be rotated to the SENA, as follows:

1. The proceeds within the first ten (10) days of each month, no later than the 20 calendar day of the same month.

2. The proceeds between day eleven (11) and the last day of the month, within the first ten (10) calendar days of the following month.

Due to these terms, interest will be caused on the value of the respective collection, the moratorium rate certifying the Banking Superintendence.

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ARTICLE 32. RESOURCE ALLOCATION. The SENA will collect all the resources of the entity to target them to the development of their objectives and functions, in strict compliance with their mission of integral professional training.

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ARTICLE 33. DISTRIBUTION OF REGIONAL RESOURCES. Each financially self-sufficient regional will apply to the performance of the mission up to 70% of its revenues. For their part, the other regional authorities shall apply the same objective up to 80% of their revenue. The remaining items shall be entered into a specific destination account in the Directorate-General and shall be allocated to:

a) The sustainment of the Directorate General, and

b) Support or finance vocational training programmes to be implemented in regions and sectors with insufficient revenue for the implementation of these programmes.

PARAGRAFO. The National Board of Directors shall define the criteria for identifying self-sufficient regions and those that are not and shall review, when appropriate, the percentages referred to in the range provided for in this Article. For this purpose, the National Steering Board will take into account the structure of the labour market, the regional unmet needs, the concept of Regional Councils and the actual implementation of the budget.

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ARTICLE 34. CERTIFICATION ON PAYMENT OF CONTRIBUTIONS. To the National Tax and Customs Directorate and to the acceptance of the deduction for salaries, the SENA will issue a peace and save to the employers that to the date of the same and in all the You have fully complied with the obligation of the date of the same and in all the vigencies, you have fully complied with the obligation to make your contributions to the entity, specifying the amount of the sums paid.

Equally, it will issue certifications for the effect of the tax exonerations that the Act 6adeals with.

PARAGRAFO. The computers of the expenditure of public sector entities that, without fair cause, do not have the appropriate payment of the contributions provided for in Article 28 of this Law, will incur a bad cause conduct to be sanctioned in accordance with the current disciplinary procedure.

CHAPTER VI.

TECHNICAL COOPERATION

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ARTICLE 35. REQUEST AND OFFER OF INTERNATIONAL TECHNICAL COOPERATION. The SENA will manage technical cooperation with specialized international organizations and private governments or entities that have experience in the fields of their specialty.

Likewise, SENA will be able to provide technical cooperation to other countries in their mission's own actions.

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ARTICLE 36. NATIONAL TECHNICAL COOPERATION. The Director General of SENA, prior to the favorable concept of the National Board of Directors, may conclude technical cooperation agreements with national public and private bodies.

CHAPTER VII.

LABOR provisions

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ARTICLE 37. LABOR REGIME. The servers linked to the SENA are public employees or official workers.

The status of the Entity will determine the charges to be performed by official workers, and those in the administrative career, without prejudice to the rules in force.

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ARTICLE 38. STUDY ON PERSONNEL PLANT-TRANSITIONAL. The National Board of Directors will select a specialized entity of recognized suitability and experience, and will authorize the Director General to contract with it: First: the study and analysis of the plant of personnel to be carried out by the SENA in order to carry out its mission, in accordance with the management mechanisms provided for in this law, social and productive needs; and second: The assessment of skills and knowledge of the staff providing their services to the institution. This analysis shall be drawn up within a maximum of eight (8) months of the conclusion of the contract.

The National Board of Directors shall determine the criteria for the conduct of the study, analysis and assessment referred to in this Article. For this purpose, it will take into account the concepts of the Advisory Commission that is dealing with the transitory article 40 of this Law.

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ARTICLE 39. STAFFING PLANT DETERMINATION-TRANSIENT. Within six (6) months of the end of the study provided for in the previous article, the National Steering Board will determine the new staffing plant.

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ARTICLE 40. during the process of restructuring the entity and until the incorporation in the staff plant, the National Board of Directors will take into account the concepts of a representative advisory commission of the workers of the Entity, which is created by this article, and which will be thus formed: two (2) representatives of Sindesena, one (1) of Sintranena and two (2) elected by non-unionized SENA officials. The National Steering Board will regulate this choice.

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ARTICLE 41. INCORPORATION INTO THE NEW TRANSITION PLANT. The Director General of SENA will incorporate into the new staff plant, within six (6) months of its adoption, the persons currently working in the plant. entity, which according to the study provided for in Article 38, meets the required skills and knowledge.

However, within the same term, the National Board of Directors will establish and regulate the cases and circumstances in which current SENA officials are to be incorporated into the plant even if they do not comply with all the requirements. required for new charges, without detriment to their current working conditions.

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ARTICLE 42. STUDY AND TRANSITION PRIORITIES AND COMMISSIONS. For the incorporation of the officials in the new staff plant, the SENA will give priority to processes of rezoning, relocation and reconversion of the related personnel, when this is relevant, as set forth in Articles 38, 39, 40 , and 41 of this Act.

The National Board of Directors shall establish a system of study commissions to facilitate the processes referred to in this article.

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ARTICLE 43. WAGE REGIME. The National Government, within the powers provided for in Law 4a. of 1992, for the purposes of the wage and loan regime, will take into account in relation to the public employees of the SENA, the scale and the status of the entity, as well as the criteria that the National Board of Directors will present to this effect, before December 15 of each year.

The National Government, in accordance with article 6or. of Law 4a. In 1992, he may delegate this faculty to the Director General of SENA.

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