By Which Standards Are Issued Administrative Career And Other Provisions

Original Language Title: Por la cual se expiden normas sobre carrera administrativa y se dictan otras disposiciones

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ACT 443 OF 1998
(June 11)
Official Gazette No. 43,320 of June 12, 1998

By which standards are issued administrative career and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: TITLE I.


ADMINISTRATIVE CAREER
CHAPTER I. DEFINITION, PRINCIPLES AND SCOPE
ARTICLE 1o. DEFINITION. The civil service is a technical personnel management system that aims to ensure the efficiency of public administration and provide equal opportunities for access to public service, training, job stability and the possibility of promotion.
To achieve these objectives, admission, retention and promotion in civil service jobs will be based solely on merit, without grounds such as race, religion, sex, political affiliation or other considerations may have any influence. Its application, however, may not restrict or constrain the free exercise of the right of association in Article 39 of the Constitution refers to. Effective Notes

Article 2.
. GUIDING PRINCIPLES. In addition to the principles of morality, efficiency, economy, speed, impartiality and publicity, enshrined in Article 209 of the Constitution, the civil service must be developed primarily in the following:
- Principle of equality, according to which for income jobs career equal opportunities will be provided particularly for reasons such as political beliefs, race, religion or sex, without discrimination of any kind,; in the same way, for promotion, stability and training of those who belong to the race, organizations and entities shall ensure that employees participate on a basis of equality and equity.
- Principle of merit, according to which access to career positions, stay in the same and the rise will be determined by the permanent demonstration of academic qualifications and experience, good work performance and observance of good conduct of employees who belong to the race and aspiring to join it. Effective Notes


ARTICLE 3o. SCOPE. The provisions of this law are applicable to state employees who serve in the entities of the Executive Branch of the national, departmental, district, municipal and decentralized entities; in the Regional Autonomous Corporations; in Personerías; in public entities that make up the General System of Social Security in Health; administrative staff of higher education institutions at all levels, whose jobs have been defined as a career; administrative staff of institutions of vocational average of all levels primary, secondary and; non-uniformed employees of the Ministry of National Defence, Armed Forces and the National Police, as well as the decentralized entities affiliated or related to the above. Effective Jurisprudence


PARAGRAFO 1o. If gaps in the rules governing the special races which refers to the Constitution, shall be applied the provisions of this law and its complementary and regulations.
PARAGRAFO 2o. While standards race for the staff of territorial comptrollers, for employees of the Special Administrative Unit of Civil Aeronautics and employees of Congress, the departmental assemblies, the district and municipal councils and are issued local administrative bodies the provisions applicable to them in this law. Effective Notes

ARTICLE 4.
. SPECIFIC CAREER SYSTEMS. It is understood by specific career systems those that because of the nature of the entities which apply contain specific regulations for the development and application of the race and are enshrined in various laws that govern the overall system.
These are the governing staff serving in the Administrative Department of Security DAS; in the National Penitentiary and Prison Institute Inpec; the National Civil Registry; Special Administrative Unit of National Tax and Customs; those governing diplomatic and consular career and teaching. The legal rules that contain these systems remain in force; others are not exempted in this law will lose their force and their employees are governed by the provisions of this regulation.

PARAGRAFO 1o. Administration and monitoring of these systems corresponds to the National Civil Service Commission, which shall decide, ultimately, on the issues and claims for violation of the rules of career should know the bodies referred to in these specific systems. Effective Notes

Effective Jurisprudence


PARAGRAFO 2o. The scientific and technological personnel of public entities that make up the National System of Science and Technology, on the grounds that its mission, purpose and basic functions include research and / or technological development, will have a specific career system and administration of its personnel, in accordance with the regulations to the effect adopted by the National Government, which will consider the following criteria:
a) the selection processes for entry into service shall be by competition based on merits academic, scientific and technological background of applicants;
B) Promoting within the race will take place on the basis of production and the results of comprehensive and periodic assessment of its research and technological activity taking into account the special system of naming and classification of jobs is adopted .

The 5th ARTICLE. THE CLASSIFICATION OF JOBS. Employment agencies and entities covered by this law are career, except for:
1. The popular election, the period fixed in accordance with the Constitution and the law, those whose functions should be exercised in indigenous communities in accordance with its laws and official workers.
2. Jobs appointment and removal correspond to the following criteria:
a) the management, conduct and institutional orientation, which are indicated below, the exercise involves adopting policies or guidelines:
In Central administration of National Level:
Minister; Director of Administrative Department; Vice Minister; Deputy Director of Administrative Department; Commercial Counselor; General Accountant of the Nation; Deputy Accountant General's Office; Superintendent, Deputy Superintendent and Mayor; Director and Deputy Director of Special Administrative Unit; Secretary General and Assistant Secretary General; Superintendent Director; Director of Diplomatic Academy; Director of Protocol; Director General Administrative and / or Financial, technical or operational; Managing Director; Head of Internal Control; Chief Legal Advisory Office, Planning, Press and Communications; International negotiator; Expert Commission; Petroleum comptroller; Military Criminal Judge, Judge Advocate, Secretary of Supreme Military Court and Harbormaster. Effective Jurisprudence


In the Special Administrative Unit of Civil Aeronautics plus the following: Air Attaché Affairs; Airport Manager; Aeroportuario manager; Regional Aviation Director; Aviation Area Director and Head of Aeronautics Office.
In the decentralized administration of the National Level:
President; Director or Manager; Vice President, Assistant Director or Assistant Manager; General secretary; Territorial Director or Manager, Regional, Sectional or Local; Rector, Vice Provost and Dean of Higher Education Institution different autonomous university authorities; Director of Hospital Unit; Head of Legal Advisory, Planning, Press and Communications Offices; and Head of Internal Control. Effective Jurisprudence


In the Central and Organs of Territorial Administration Control Level:
General secretary; Secretary and Undersecretary of Office; District Overseer; Director and Deputy Director of Administrative Department; Director and Deputy Executive Director of Association of Municipalities; Director and Deputy Director of Metropolitan Area; Subcontralor, Deputy Comptroller or Assistant Comptroller; Head of Internal Control; Head of Legal Advisory, Planning, Press and Communications Offices; Local mayor, Corregidor and Inspector of Traffic and Transportation or in its stead, and Delegate of the municipalities Personero special category and in categories one, two and three. Effective Jurisprudence


In the Decentralised Territorial Administration Level:
President; Director or Manager; Vice president; Deputy or assistant manager; General secretary; Rector, Vice Provost and Dean of Higher Education Institution different autonomous university authorities; Chief Legal Advisory Office, Planning, Press and Communications and Head of Internal Control. Effective Jurisprudence



B) employment of any hierarchical level whose exercise involves trust their assigned functions institutional care or supportive counseling, which are direct and immediate service of the following individuals, provided that such jobs are attached to their respective offices:
In the Central Administration of National Level:
Minister and Deputy Minister; Director and Deputy Director of Administrative Department; Director and Deputy Director of the National Police; Superintendent; and Director of Special Administrative Unit.
. Effective Jurisprudence



Previous legislation
In the Military and the National Police Force, the offices assigned to command units and departments of intelligence and communications, because of the confidence intuitu personae required in those who exercise it, given management jobs to be given to cases pending before the exclusive area of ​​the reserve, public order and national security. Effective Jurisprudence


In the Ministry of Foreign Affairs of the Administrative Service abroad. Effective Jurisprudence


In the Congress, expected in the 5th Law.
1992. In the decentralized administration of the National Level:
President; Director or Manager; Rector of Higher Education Institution different autonomous university authorities.
In the Central Administration and Control bodies Territorial Level:
Governor; District, Municipal and Local mayor; Comptroller and Personero. Effective Jurisprudence


In the Decentralised Territorial Administration Level:
President; Director or Manager; Rector of Higher Education Institution different autonomous university authorities.
C) The employment which involves the administration and the direct management of goods, money and / or securities.
PARAGRAFO 1o. Effective Jurisprudence

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PARAGRAFO 2o. Employment Commissioner Family is administrative career.
PARAGRAFO 3o. Those jobs that do not belong to the state security agencies, whose functions, such as escort, consisting in the protection and personal security of public servants, they are also free appointment and removal. Effective Notes

ARTICLE 6.
. CHANGING NATURE OF JOBS. The career employee whose position is declared free appointment and removal, it must be transferred to another career that has similar functions and remuneration greater than or equal to the position held, if any vacancy in the respective plant personnel; otherwise, it will continue to play the same position and retain the rights career while in it. Effective Jurisprudence


When a job appointment and removal are classified as administrative career should be provided, by competition, within four (4) days following the date on which the change in nature operates months. Effective Notes

Effective Jurisprudence


TITLE II.
LINKING TO JOBS CAREER CHAPTER I.


KINDS OF NOMINATION
Article 7. PROVISION OF CAREER JOBS. Providing jobs career will, preliminary contest, probationary appointment, or promotion. Effective Notes

ARTICLE 8.
. PROVENANCE OF CUSTOM AND INTERIM APPOINTMENT. In case of permanent vacancy, the commission or the provisional appointment only proceed when convening a tender for the provision of employment.
While the selection process convened to provide jobs is filled career, career employees have preferential right to be responsible for such jobs, if they can prove the requirements for their performance. Just in case it is not possible to perform the task may be provisional appointment.
The charge which holds the clerk, it may be provided in the duration of the provisional order of the holder, and in any case be subject to the terms stated in this law.
The appointments are provisional, in the case of providing jobs temporarily career with staff not selected by the merit system.
When vacancies arise in the regional offices of the entities and they do not run any employee who may be responsible, may make provisional appointments in such jobs.
PARAGRAFO. With the exception provided for in Article 10 of this Law, it may not be extended the term of duration of orders and interim appointments, and provided employment through these mechanisms again. Effective Notes

Effective Jurisprudence



Article 9. PROVISION OF TEMPORARY JOBS BY VACANCY. Career jobs, whose holders are in administrative situations involving temporary separation thereof may only be provided on an interim basis for the duration of those situations where it is not possible to provide them with custom by career employees. Effective Notes

Effective Jurisprudence


ARTICLE 10. DURATION OF CUSTOM AND INTERIM APPOINTMENT. The term of the commission and the provisional appointment in the case of permanent vacancy shall not exceed four (4) months; when the vacancy is the result of the rise with probationary period, an employee's career, the commission or the provisional appointment will have the duration of the time period necessary to determine the overcoming of it. In these situations it is reported to the respective committees of the Civil Service. Effective Jurisprudence


When circumstances duly substantiated by the respective Civil Service Commission, once called the contests, they may not culminate, the term of duration of orders or interim appointments may be extended prior authorization of the respective Civil Service Commission even when the circumstances which led to the extension is exceeded.
The respective Civil Service Commission may authorize orders or provisional appointments or extension without opening contests for as long as necessary, after proper justification in cases that competent authority creation, organizational restructuring, merger order , transformation or liquidation of an entity. Effective Notes

Effective Jurisprudence


ARTICLE 11 EMPLOYEES IN CAREER JOBS appointment and removal. Career employees may hold jobs to free appointment and removal by the three (3) years, for which they have been designated in the same entity to which they are linked, or otherwise. Completed three (3) years, the employee will assume the position for which holds rights present career or waiver thereof. Above are not met, the entity shall declare the vacancy of employment and provide for good. Of these developments will be reported to the respective Civil Service Commission. Effective Notes

Effective Jurisprudence

ARTICLE 12. LIABILITY
nominators. Without prejudice to the imposition of fines that might arise, the appointing authority to ignore the application of the rules of racing, you make appointments without being subject to, or allowed to remain in positions of career personnel above terms the commission or tentativeness, and members of the Committees of the Civil Service which, by action or omission permit, when it shall have been aware, will incur grounds for misconduct and respond patrimonially under the terms provided in Article 90 of the Constitution.
Civil Service Commissions, ex officio or at the request of any citizen, take appropriate measures to verify the facts and request that appropriate disciplinary investigation is initiated and penalties that may be imposed instead. Effective Notes


CHAPTER II. SELECTION PROCESS

O COMPETITIONS
ARTICLE 13. PURPOSE. The selection process aims to ensure the entry of qualified staff to public administration and promotion of employees, based on merit through procedures that allow participation, on equal terms, of those who can demonstrate the requirements to carry the jobs. Effective Notes


ENTITIES ARTICLE 14. COMPETENT TO MAKE SELECTION PROCESS. Effective Jurisprudence



Previous legislation
ARTICLE 15. CONTESTS. The final provision of jobs will race through competition, which can be:
De promotion, in which administrative career employees of any entity that meet the requirements for employment may participate and other conditions established by the regulations. Effective Jurisprudence


Open where admission is free to all persons who can demonstrate the requirements for employment performance.
PARAGRAFO 1o. Effective Jurisprudence

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PARAGRAFO 2o. Employees who the enactment of this law are performing career positions without being enrolled in it, including the territorial comptrollers, and according to the regulations of this article to be summoned to contest, they will be evaluated and especially recognize the experience, seniority, knowledge and efficiency in the performance of their duties. Effective Notes


Article 16. The employee who has held office career as provisional, may participate on equal terms in the contest of the respective employment without being able to require different conditions to which credited when taking possession of that office. Effective Notes

Effective Jurisprudence


ARTICLE 17. STAGES. The selection process includes the call or competition, recruitment, application testing or screening instruments, the establishment of the list of eligible and the trial period. Effective Notes


ARTICLE 18. CALL. The call is regulatory standard of all competition and forces both management and participants. They can not change their bases after starting the registration of candidates, except for violation of legal or regulatory nature, and aspects such as place and date of registration, date, time and place where the application of the tests will be conducted , cases which must be timely notice to interested parties. Effective Notes

ARTICLE 19. DISCLOSURE
. The call and extensions of terms for registration will be disseminated using at least one of the following means:
a) Press comprehensive national or regional circulation through two (2) notices on different days;
B) Radio stations officially approved in national or regional coverage in the respective territorial constituency, at least three (3) times daily during business hours for two (2) days;
C) Television, through officially authorized channels, at least two (2) times on different days and at times highly-rated;
D) In ​​municipalities with less than twenty thousand (20,000) inhabitants can be done through sides or edicts, without prejudice to the means mentioned above in the same terms can be used.
By side shall mean the publication made through loudspeakers located in crowded public places, such as churches, community centers or social or labor organizations, among others, at least three (3) times a day with intervals at least , two (2) hours, for two (2) separate days, one of which must be market. From the foregoing written record shall be kept, including the text of the ad, signed by who passed and two witnesses.
PARAGRAFO. In any case, the notice convening contests shall be fixed in a visible place of the entity and access to public competition, with five (5) days prior to the date of commencement of registration of the candidates. Effective Notes


ARTICLE 20. RECRUITMENT. This phase aims to attract and enroll the largest number of applicants who qualify for employment performance object of the competition. Effective Notes


ARTICLE 21. EVIDENCE. Tests or selection instruments are intended to assess the capacity, capability and potential of the applicant and establish their classification regarding the qualities required to efficiently perform the functions and responsibilities of a position. The assessment of these factors will be through technical means, that meet the criteria of objectivity and impartiality with predetermined parameters.
The regulations determine the minimum evidence that in addition to the assessment of the background, should be applied in the development contests.
Applications for aspiring contests may not require data on race, height, sex, or religion.
The interview in the selection process for career positions can have a maximum of fifteen percent 15% within the final mark and the jury will be plural. Effective Jurisprudence


PARAGRAFO. In competitions, both open and climb, may be included as selection tools, courses related to the performance of the functions of the job to provide. The National Civil Service Commission issued the respective regulations. Effective Notes



ARTICLE 22. LIST OF ELIGIBLE. Based on the results of the competition, a list of eligible whose term shall be two (2) years, which will include applicants who have passed the same, in strict order of merit will be formed. The provision of employment subject to call, will be made from the person occupying the top of the list in strict descending order.
Once provided jobs object of the competition, institutions shall use the lists of eligible in strict descending order, to fill the vacancies that arise in the same job, in others the same, similar or lower rank, located within the same level. In the latter case, the non-acceptance of the appointment does not constitute grounds for exclusion from the list of eligible. Effective Jurisprudence


PARAGRAFO. In the contests that take place in the Ministry of National Defence, the Armed Forces and the National Police, with the exception of its decentralized entities, before the formation of the lists of eligible each contestant will perform a safety study of character reserved, which, to be unfavorable, shall be grounds for not including it in the respective list of eligible. When you try to use lists of other entities eligible, the appointment must precede the respective safety study. In the event of this be unfavorable may be made in appointment. Effective Notes

Effective Jurisprudence



Previous legislation
ARTICLE 23 PROBATION AND REGISTRATION ADMINISTRATIVE CAREER. Selected by open competition will be appointed on probation for a term of four (4) months, after which it will be evaluated job performance. Approved the trial period, to obtain satisfactory rating in the performance of their duties, the employee acquires the rights of career and must be registered in the Public Registry of the Civil Service.
When the employee career, is selected for a new job through competition, without involving change of level, will be updated registration in the Public Registry. When the ascent causes change hierarchical level, the appointment will be on probation; in this event, if the employee does not obtain satisfactory rating in the evaluation of their performance he will return to the job he occupied before the contest, and retains its registration in the civil service. While the rating of the test period occurs, the position of which was held by the promoted employee shall be provided on request or by provisional appointment. Effective Notes

Effective Jurisprudence


ARTICLE 24. OPEN COMPETITIONS AND UTILIZATION OF THEIR LISTS ELIGIBLE. The School of Public Administration, directly or by contracting with specialized entities may conduct competitions for jobs provide administrative career entities of the national and territorial orders previously defined by the National Civil Service Commission. The National Government will regulate the matter, taking into account the possibility of organizing professional cadres and occupational groups. Effective Jurisprudence


The lists of eligible outcome of these contests will be used during the term of its validity, for the provision of jobs and the same or similar functions to those stipulated in the respective calls general requirements. Effective Jurisprudence


The call for these competitions will take place in the geographical area determined by the National Civil Service Commission and the lists of eligible shall be binding on entities that are in that area. These general lists will be prevalent on the lists made up of open competitions entities. Effective Notes

Effective Jurisprudence



Previous legislation
Similarly, the National Civil Service Commission may regulate the conduct of general basic preselection tests mandatory that the minimum requirements of jobs, constitute the essential factors that must be present in all aspirants to enter career positions. This pre-selection phase will be part of the processes carried out by entities aimed at evaluating the additional factors required for each job according to their profile and specificity. Effective Jurisprudence



ARTICLE 25. RESERVE OF TESTS. The tests applied or used in the selection process are confidential, and will only be knowledge of the employees responsible for development and implementation, or the respective Committees of the Civil Service and Personnel Commissions when required to know developing research that advance. Effective Notes

Effective Jurisprudence


CHAPTER III. PUBLIC RECORD

RACE
ARTICLE 26. ADMINISTRATIVE CAREER PUBLIC REGISTRY. Create the public record of the administrative career, which will consist of all registered employees or that they come to register. The administration and organization of the public record correspond to the National Civil Service Commission, who for this purpose will be supported by the Administrative Department of Public Service. Each Department and the Capital District jurisdiction shall, in their recording career, which means integrated into the National Register.
The guidelines, guidance and control to bring the registration department and the Capital District, shall be the responsibility of the National Civil Service Commission; his immediate supervision correspond to the respective Departmental Commission, or the Capital District of Bogota, in the terms in which it established the National Commission.
PARAGRAFO. The public record of administrative career will have a chapter for human resources dedicated to research and technological development. The National Council of Science and Technology will support its organization and administration. Effective Notes

Effective Jurisprudence


ARTICLE 27. REGISTRATION AND UPDATING. Registration and / or update will consist of the entry in the Public Register the name, sex and identity of the employee, the job in which you enroll or make the update, the name of the entity, the place which plays the functions, date of entry into the register, and the salary assigned to employment. Each Civil Service Commission shall ensure that the department and the Capital District of Bogota authorities conform the Public Registry of its jurisdiction, in accordance with the regulations for the purpose by the National Civil Service Commission.
The National Civil Service Commission, through the Administrative Department of Public Service, perform the registration and / or updates in the Public Registry of staff of national entities. Effective Notes

Effective Jurisprudence


ARTICLE 28. NOTIFICATION. Notification of registration and / or update the administrative career comply with the entry in the public register. Effective Notes


ARTICLE 29. CERTIFICATION. Registration and / or update the Civil Service shall be notified to the person concerned and the chief of staff or the person acting in the organ, through certification to the effect will be issued by the national, departmental or the Capital District authority take the Public Registry, within the parameters established by the National Civil Service Commission. Personnel managers or their substitutes may issue certificates requiring subsequent career employees about their situation, without prejudice to the certificates issued to those authorities. Effective Notes

Effective Jurisprudence


TITLE III.
PERFORMANCE EVALUATION AND QUALIFICATION OF EMPLOYEES CAREER
ARTICLE 30.
performance evaluation and qualification. The job performance of career employees shall be assessed against the previously agreed objectives between evaluator and evaluated, taking into account factors, measurable, quantifiable and verifiable; the result of this evaluation will be qualifying for the period specified in the regulations. However, if during this period the agency head receives information, duly supported, that the job performance of an employee is poor you may order in writing that you evaluate and rate their services immediately. Effective Notes


ARTICLE 31. OBJECTIVES PERFORMANCE EVALUATION. Performance evaluation is a management tool that seeks the improvement and development of career employees. It should be taken into account:
a) Acquire career rights;
B) Provide incentives to employees;
C) Participate in contests advancement;
D) Develop training programs.
E) Provide scholarships and study commissions;
F) To evaluate the selection process, and

G) Determine the length of service. Effective Notes


ARTICLE 32. OBLIGATION TO EVALUATE AND QUALIFY. Employees who are responsible for evaluating job performance and qualify staff must do so on the terms specified in the regulations, which for the purpose by the National Civil Service Commission. Breach of this duty will be punishable by disciplinary, subject to compliance with the obligation to qualify. Effective Notes


ARTICLE 33. NOTIFICATION OF QUALIFICATION. The rating, product performance appraisal, shall be notified to evaluated, who may file an appeal of law to be changed, clarify or revoked. All this in accordance with the special procedure established. Effective Notes

ARTICLE 34.
INSTRUMENTS. The National Civil Service Commission shall adopt or modify the assessment tools and job performance rating, which is host to a rule, agencies national, departmental, district and municipal. They shall determine the objectives in these instruments, to be achieved through consultation between those who have the task of assessing and evaluated.
Entities and bodies by the nature of their duties require special forms or regulations, the projects submitted for approval to the National Civil Service Commission. Effective Notes


TITLE IV.
INCENTIVES AND TRAINING EMPLOYEES CAREER

ARTICLE 35. INCENTIVES. Administrative career employees whose job performance reach levels of excellence, will be the subject of special incentives, in the terms that the legislation implementing this law. Effective Notes


ARTICLE 36. OBJECTIVES OF TRAINING. Training of career employees is aimed at promoting the improvement in the provision of services to address identified deficiencies in performance evaluation and develop the potential, skills and abilities of employees to allow his promotion in the administrative career.
Staff units formulate plans and training programs to achieve these objectives, in accordance with established rules and taking into account the results of the performance evaluation.
PARAGRAFO. All entities must issue a regulation where the criteria for officials are supported by top-level training, postgraduates, specializations and training programs are set. Effective Notes

TITLE V.


Decommissioning
ARTICLE 37. GROUNDS. The decommissioning of career employees occurs in the following cases:
a) declaration of annulments the appointment, as a result of unsatisfactory rating in the evaluation of job performance;
B) Resignation accepted regularly;
C) retirement pension rights;
D) total disability;
E) compulsory retirement age; Effective Notes


F) removal, separation or removal as a result of disciplinary investigation;
G) declaration of vacancy of employment in the event of abandonment thereof; Effective Jurisprudence


H) revoke the appointment not establish requirements to perform the job, that is Article 5 of Law 190 of 1995;
I) order or judicial decision;
J) Staff plainclothes career in the Ministry of National Defense, the Armed Forces and National Police, with the exception of its decentralized entities, after approval of the Personnel Commission, may be withdrawn when confidential report by intelligence is considered to be inconvenient their stay in the service for reasons of national security. In this case, providence not be encouraged; Effective Jurisprudence


K) For other to determine the Constitution, laws and regulations. Effective Notes

Effective Jurisprudence


ARTICLE 38. RIGHTS LOST RACE. Removal service for any of the reasons specified in the previous article involves the removal of administrative career and the loss of the rights inherent in it, except when operating incorporating the terms of the following article of this law. Similarly, the withdrawal of the race and the loss of rights of the same will occur when the employee takes possession of a charge of career, appointment and removal or period, without complying with the legal formalities. Effective Jurisprudence



PARAGRAFO. The decommissioning of a career employee by regularly accepted resignation will allow the continuity of your registration for a term of two (2) years during which, may participate in contests rise in proving the relevant requirements. Effective Notes


EMPLOYEE RIGHTS ARTICLE 39. ADMINISTRATIVE CAREER IN CASE OF ABOLITION OF CHARGE. The career public employees who are abolished charges of which they hold as a result of the abolition or merger of entities, agencies or departments, or transfer of functions from one entity to another, or modification of plant, may choose to be incorporated into equivalent jobs or receive compensation under the terms and conditions established by the National Government. Effective Jurisprudence


To incorporate in this article, the following rules shall apply:
1. Incorporation must take place within six months following the removal of the charges, equivalent career jobs that are vacant or according to the service needs to be created in plant personnel, in the following order: || | 1.1 the entities which were providing their services, if not I will have been deleted. 1.2
entities assuming the functions of the deleted jobs. 1.3
entities to which they belonged administrative sector entities, agencies, jobs or functions deleted. 1.4
any entity of the Executive Branch of national or territorial order, as appropriate. Effective Jurisprudence


2. Incorporating always proceed as minimum requirements for the performance of the respective jobs required by the entity must be credited to effect it.
3. The person thus incorporated rights continue career he held at the time of the suppression of their jobs and will be updated registration in the race.
4. Not possible incorporation within the period specified, the former employee is entitled to recognition and payment of compensation. Effective Jurisprudence


PARAGRAFO 1o. When reform all or part of plant personnel of an agency or entity and career employees of the new plant, without changing their functions, are distinguished from those that made up the former plant have only changed the name and the degree of compensation those charges shall not be greater requirements for performance and career rights holders of previous employment, they shall be incorporated on the grounds that there was no effective suppression of these. Effective Jurisprudence


PARAGRAFO 2o. In the event that the employee elects to receive compensation or the administrative act stating that it will provide enforceable and will have the same legal effect a reconciliation. The expiry terms set forth in the Administrative Code to establish the action for annulment and reinstatement of the right will be counted from the declaration of nullity of the administrative act that caused the suppression of employment. Effective Notes

Effective Jurisprudence


ARTICLE 40. INCORPORATION EFFECTS OF EMPLOYEE CAREER TO NEW PLANTS OF PERSONAL. Employees who entered the race prior accreditation requirements at the time of admission, you will not be required different requirements in the case of incorporation or transfer to the same or equivalent jobs. The violation of the provisions of this Article shall be grounds for misconduct, punishable disciplinary without prejudice to other legal responsibilities. Effective Notes


ARTICLE 41. PERSONAL PLANTS REFORM. In order to ensure the preservation of the rights of career employees, reforms plant personnel agencies of the executive branch of the national and territorial orders, involving job cuts career, must explicitly justified; be based on service needs or reasons of modernization of the Administration and based on technical studies that demonstrate it, prepared by the respective entities, the School of Public Administration, specialized firms in the field, or professionals in public administration or other professions best, duly accredited, according to the regulations for the purpose by the Government. Effective Jurisprudence



Any change to the plant personnel national entities, including without exception public establishments, regional autonomous corporations, and plant personnel public jobs that are part of the industrial and commercial enterprises of the State, must be approved by the Administrative Department of Public Service. The Administrative Department of Public Service will balance deficit charges, being required to fulfill the purposes of national entities, it does not prove possible to create them in the respective plant personnel for reasons of budgetary order. The final statement will be justified in technical studies exclusively plant consulting service needs and occupational analysis techniques regardless of any other concept. Effective Jurisprudence


PARAGRAFO. . Effective Notes

Effective Jurisprudence



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