Official Journal No. 43,320 of 12 June 1998
By which rules on administrative career are issued and other provisions are dictated.
APPLICATION DEFINITION, PRINCIPLES, AND FIELD
ARTICLE 1o. DEFINITION. 58 of Law 909 of 2004 > The administrative career is a technical system of administration of personnel that aims to ensure the efficiency of the public administration and to offer equal opportunities for access to the public service, training, stability in jobs and the possibility of promotion.
In order to achieve these objectives, income, permanence and promotion in administrative career jobs will be done exclusively on the basis of merit, without reason such as race, religion, sex, political affiliation or other considerations. They may have any influence. Its application, however, may not restrict or restrict the free exercise of the right of association referred to in Article 39 of the Political Constitution.
ARTICLE 2o. GUIDING PRINCIPLES. 58 of Law 909 of 2004 > In addition to the principles of morality, effectiveness, economy, speed, impartiality and publicity, enshrined in article 209 of the Constitution Policy, the administrative career should be developed primarily in the following:
-Principle of equality, according to which equal opportunities for entry into career employment will be provided, without discrimination of any kind, particularly for reasons such as political creed, race, religion or sex; in the same way, For the promotion, stability and training of career-members, organizations and entities will ensure that employees participate on the basis of equality and equity.
-Principle of merit, according to which the access to career positions, the permanence in the same and the ascent will be determined by the permanent demonstration of the academic qualities and the experience, the good job performance and the observance of good conduct of the employees who belong to the race and of the aspirants to join it.
ARTICLE 3o. CAMPO OF APPLICATION. 58 of Law 909 of 2004 > The provisions contained in this law are applicable to State employees who provide their services in the entities of the Executive Branch of the National, Departmental, District, Municipal and its decentralized entities; in the Regional Autonomous Corporations; in the Personnel; in the public entities that make up the General System of Social Security in Health; to the administrative staff of the Institutions of higher education of all levels, whose jobs have been defined as career; administrative staff of the institutions of primary, secondary and vocational education at all levels; the non-uniformed employees of the Ministry of National Defense, Military Forces and the National Police, as well as those of the decentralised entities attached to or linked to the above.
PARAGRAFO 1o. In case of gaps in the rules governing the special races to which the Political Constitution refers, the provisions contained in this Law and its complementary and regulations.
PARAGRAFO 2o. While the rules of race for the staff of the territorial comptroller's are issued, for employees of the Special Administrative Unit of Civil Aeronautics and for the employees of the Congress of the Republic, Department Assemblies, District and Municipal Councils and Local Administrative Boards shall be applicable to the provisions contained in this law.
ARTICLE 4. CAREER-SPECIFIC SYSTEMS. 58 of Law 909 of 2004 > Specific career systems are understood to be those which, by reason of the nature of the entities in which they are applied, contain specific regulations for development and application of the race and are enshrined in laws different from those that regulate the general system.
These are the ones that govern the personnel serving in the Administrative Department of Security-DAS-; in the National Institute of Penitentiary and Prison Inpec; in the National Registry of the Civil State; in the Unit Special Administrative of Taxation and National Customs; those that regulate the diplomatic and consular career and the teacher. The legal norms contained in these systems will continue to apply; the other ones not excepted in this law will lose their validity and their employees will be regulated by the provisions of the present regulations.
PARAGRAFO 1o. The administration and surveillance of these systems corresponds to the National Civil Service Commission, which will ultimately resolve issues and complaints that violate the rules. (a) to be aware of the bodies provided for in these specific systems.
PARAGRAFO 2o. The scientific and technological personnel of the public entities that make up the National System of Science and Technology, because their mission, object and basic functions are the research and/or technological development, shall have a specific career regime and administration of its personnel, in accordance with the regulation to be adopted by the National Government, which shall take into account the following criteria:
(a) The selection processes for the entry into service will be made by means of merit competition based on the academic, scientific and technological trajectory of the applicants;
b) The promotion within the race will be carried out on the basis of the production and the results of the comprehensive and periodic evaluation of its research and technological activity taking into account the special system of nomenclature and job classification to be adopted.
ARTICLE 5o. OF THE CLASSIFICATION OF JOBS. 58 of Law 909 of 2004 > The jobs of the agencies and entities regulated by this law are career, with the exception of:
1. Those of popular choice, those of a fixed term according to the Constitution and the law, those whose functions should be exercised in the indigenous communities according to their legislation and those of official workers.
2. Free appointment and removal jobs that correspond to the following criteria:
(a) The management, driving and institutional guidance, which are indicated, the exercise of which involves the adoption of policies or guidelines, as follows:
In the National Level Central Administration:
Minister; Director of Administrative Department; Deputy Minister; Deputy Director of Administrative Department; Commercial Counsellor; General Accountant of the Nation; Subcounter General of the Nation; Superintendent, Chief Superintendent and Mayor; Director and Deputy Director of Special Administrative Unit; Secretary General and Assistant Secretary General; Director of Superintendence; Director of Diplomatic Academy; Director of Protocol; Director General Administrative and/or Financial, Technical or Operational; Managing Director; Head of Internal Control; Head of Office Legal, Planning, Press or Communications Advisory; International Negotiator; Commission Expert; Petroleum Controller; Military Criminal Instruction Judge, War Auditor, Secretary of Military Superior Court and Captain of Port.
In the Special Administrative Unit of Civil Aeronautics in addition the following: Attaché for Air Affairs; Administrator Airport; Airport Manager; Regional Aeronautical Director; Aeronautical Area Director and Head of Aeronautical Office.
In the Decentralized National Level Administration:
President; Director or Manager; Vice President, Subdirector or Submanager; Secretary General; Regional, Sectional or Local Director or Manager, Regional, Sectional or Local; Rector, Vice-Rector, and Dean of the Institution of Higher Education other than the autonomous university entities; Director of Hospital Unit; Head of Legal, Planning, Press or Communications Advisory Offices; and Head of Internal Control.
In the Central Administration and Territorial Level Control Bodies:
Secretary General; Secretary and Undersecretary of Dispatch; Veedor District; Director and Deputy Director of Administrative Department; Director and Deputy Executive Director of the Association of Municipalities; Director and Deputy Director of Metropolitan Area; Subcomptroller, Vicecontromor or Comptroller Auxiliary; Head of Internal Control; Head of Legal, Planning, Press or Communications Advisory Offices; Mayor Local, Corregidor and Transit and Transport Inspector or the one who does your time , and Delegate for special category municipalities and categories one, two, and three.
In the Territorial Level Decentralized Administration:
President; Director or Manager; Vice-President; Assistant Director or Submanager; General Secretary; Rector, Vice-Chancellor, and Dean of Higher Education Institution other than university entities ; Head of Legal, Planning, Press, or Communications Advisory Offices and Internal Control Manager.
(b) Jobs of any hierarchical level, the exercise of which implies confidence that they have assigned institutional, care or support advisory functions, which are directly and immediately available to the following officials; when such jobs are attached to their respective offices:
In the National Level Central Administration:
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.
In the Military Forces and the National Police, the jobs assigned to the command offices, the units and the intelligence and communications departments, because of the necessary intuitu personae confidence required in those who exercise, given the management that must be given to matters subject to the exclusive scope of the reserve, public order and national security.
In the Ministry of Foreign Affairs those of the Administrative Service on the outside.
In the Decentralized National Level Administration:
President; Director or Manager; Rector of Higher Education Institution other than autonomous university entities.
In the Central Administration and Territorial Level Control Bodies:
Governor; District Mayor, Municipal and Local; Comptroller and Person.
In the Territorial Level Decentralized Administration:
President; Director or Manager; Rector of Higher Education Institution other than autonomous university entities.
c) Jobs whose exercise involves the administration and direct handling of goods, money, and/or state securities.
PARAGRAFO 2o. The employment of Family Commissioner is an administrative career.
PARAGRAFO 3o. Those jobs that do not belong to the state security agencies, whose functions, such as those of escort, consist of the personal protection and security of public servants, are also of free appointment and removal.
ARTICLE 6o. CHANGE OF NATURE OF JOBS. 58 of Law 909 of 2004 > The career employee whose position is declared of free appointment and removal shall be transferred to another career with related functions and equal or to the position of the job, if there is a vacancy in the respective plant of staff; otherwise, he will continue to perform the same position and retain the rights of career while remaining in him.
When a job of free appointment and removal is classified as an administrative career, it must be provided, by means of a contest, within four (4) months of the date on which the change of nature is operated.
LINKING TO CAREER JOBS
ARTICLE 7o. PROVISION OF CAREER JOBS. 58 of Law 909 of 2004 > The provision of career jobs shall be made, upon contest, by appointment in probationary period, or by promotion.
ARTICLE 8o. PROVENANCE OF THE ORDER AND PROVISIONAL APPOINTMENTS. 58 of Law 909 of 2004 > In case of definitive vacancy, the order or provisional appointment shall only proceed when a contest has been called for the provision of the employment.
As long as the selection process is taken to provide career jobs, career employees will have the preferential right to be in charge of such jobs, if they credit the requirements for their performance. Only in case it is not possible to perform the order can be made provisional appointment.
The charge for which the employee is responsible may be provided in a provisional capacity for the duration of the assignment of the holder, and in any event shall be subject to the terms indicated in this law.
The appointments will be provisional in nature, when it is to provide temporary career jobs with staff not selected through the merit system.
When there are vacancies in the regional headquarters of the entities and there is no career employee who can be commissioned, provisional appointments may be made in such jobs.
PARAGRAFO. Except for the exception referred to in Article 10 of this law, the term of duration of the orders and provisional appointments may not be extended or provided again the use of these mechanisms.
ARTICLE 9o. PROVISION OF JOBS FOR TEMPORARY VACANCY. 58 of Law 909 of 2004 > Career jobs, the holders of which are in administrative situations that involve temporary separation from them, can only be provided in form interim for the duration of those situations, when it is not possible to provide them by order with career employees.
ARTICLE 10. DURATION OF THE ORDER AND PROVISIONAL APPOINTMENTS. 58 of Law 909 of 2004 > The term of duration of the order and of the provisional appointment, in the case of definitive vacancy, may not exceed four (4) months; when the vacancy is the result of the ascent with probationary period, of a career employee, the commission or the provisional appointment shall have the duration of that period plus the time necessary to determine the exceeding of the same. These situations will be reported to the respective Civil Service Commissions.
When properly justified to the respective Civil Service Commission, a If the contests are called, the contests cannot be completed, the term of duration of the orders or the provisional appointments may be extended prior to the authorization of the respective Commission of the Civil Service, until when the the circumstances which led to the extension.
The Commission of the Civil Service respective may authorize interim orders or appointments or their extension without the opening of contests for as long as necessary, subject to the appropriate justification in cases which are ordered by competent authority to create, restructure, merge, transform or sell an entity.
ARTICLE 11. CAREER EMPLOYEES IN JOBS OF FREE APPOINTMENT AND REMOVAL. 58 of Law 909 of 2004 > Career employees will be able to perform free appointment and removal jobs for up to three (3) years for which they have been designated in the same entity to which they are linked, or in another. After three (3) years have been completed, the employee shall assume the position in respect of which he holds a career or shall resign. If the aboveis not met, the entity will declare the vacancy of the job and provide it definitively. From these developments, the Commission of the Civil Service respectivebe informed.
ARTICLE 12. RESPONSIBILITY OF THE NOMINATORS. 58 of Law 909 of 2004 > Without prejudice to the imposition of the fines to which there is a place, the appointing authority that omits the application of the rules of the race, making appointments without subjection to the (a) the same applies, or which permits the permanence in career positions of personnel exceeding the terms of the order or of the provisionality, and the members of the Commissions of the Civil Service who, by act or omission, permit it, when they have been learned, will incur a cause of misconduct and will respond patrimonially in the intended terms in article 90 of the Political Constitution.
The Civil Service Commissions, either on their own initiative or at the request of any citizen, will take the necessary measures to verify the facts and request that the corresponding disciplinary investigation be initiated and the sanctions imposed place.
SELECTION PROCESSES OR CONTESTS
ARTICLE 13. OBJECTIVE. 58 of Law 909 of 2004 > The selection process aims to guarantee the entry of suitable personnel to the public administration and the promotion of the employees, based on merit by means of procedures that allow participation, on an equal footing, of those who demonstrate the requirements for employment.
ARTICLE 15. CONTESTS. 58 of Law 909 of 2004 > The definitive provision of career jobs will be made through competition, which may be:
To be promoted, in which the employees of the administrative career of any entity may participate, which meet the requirements for the employment and other conditions laid down by the regulations.
Open in which admission will be free for all persons who prove to have the required requirements for the performance of the job.
PARAGRAFO 2o. To employees who are in force for the duration of this law, without being enrolled in career positions, including those of territorial comps. Regulations of this article will be called a contest, will be evaluated and will recognize especially the experience, seniority, knowledge and efficiency in the exercise of the position.
ARTICLE 16. 58 of Law 909 of 2004 > The employee who has held a career position as a provisional member, may participate in equal conditions in the contest of the respective employment without being able to require different requirements from those that you credited to the time of taking office.
ARTICLE 17. STAGES. 58 of Law 909 of 2004 > The selection or contest process comprises the call, recruitment, application of tests or selection instruments, the conformation of the list of eligible and the probationary period.
ARTICLE 18. CALL. 58 of Law 909 of 2004 > The call is a regulatory standard for all competition and requires both the administration and the participants. Their bases may not be changed once the registration of applicants has begun, except for violation of a legal or regulatory nature, and in aspects such as the site and date of receipt of registrations, date, time and place in which the application will be carried out. of the evidence, cases in which the interested parties should be given appropriate notice.
ARTICLE 19. DISCLOSURE. 58 of Law 909 of 2004 > The call for and extensions of the terms for registration shall be disclosed using at least one of the following means:
a) Press of wide national or regional circulation, through two (2) notices on different days;
(b) Radio, in officially approved stations with national or regional coverage in the respective territorial districts, at least three (3) times daily in business hours for two (2) days;
c) Television, through officially authorized channels, at least two (2) times on different days and at high-tuning times;
d) In municipalities with less than twenty thousand (20,000) inhabitants, it may be done through camps or edicts, without prejudice to the use of the means previously mentioned on the same terms.
By side we will understand the publication made by means of loudspeakers located in public concurrency sites, such as churches, community centers or social or union organizations, among others, at least three (3) times a day with intervals of at least two (2) hours for two (2) days, one of which must be on the market. This will leave a written record, including the text of the announcement, signed by the person who transmitted it and by two witnesses.
PARAGRAFO. In any case, the notice of call of the contests, will be fixed in place visible of access to the entity and of public concurrency, with five (5) days of anticipation to the date of initiation of the registration of the aspirants.
ARTICLE 20. RECRUITMENT. 58 of Law 909 of 2004 > This phase aims to attract and enroll the largest number of applicants who meet the requirements for the performance of the employment object of the contest.
ARTICLE 21. EVIDENCE. 58 of Law 909 of 2004 > The purpose of the tests or instruments of selection is to assess the capacity, suitability and potentiality of the applicant and to establish a classification of the same in relation to the qualities required for perform efficiently the functions and responsibilities of a position. The assessment of these factors will be carried out through technical means, which meet criteria of objectivity and impartiality with previously determined parameters.
The regulation will determine the minimum of evidence that, in addition to the assessment of the antecedents, will have to be applied in the development of the contests.
Applications for aspiring contests may not require data on race, height, sex, or religion.
The interview in the selection process for career positions may have a maximum value of 15% 15% within the final qualification and the qualifying jury will be plural.
PARAGRAFO. In contests, both open and up, they can be included as selection instruments, courses related to the performance of the job functions to be provided. The National Civil Service Commission will issue the respective regulations.
ARTICLE 22. LIST OF ELIGIBLE. 58 of Law 909 of 2004 > Based on the results of the contest, a list of eligible candidates will be made up of two (2) years, which will include applicants who have approved the same, in strict order of merit. The provision of the jobs to be convened shall be made from the one who holds the first post on the list and in strict descending order.
Once the jobs object of the contest are provided, the entities must use the lists of eligible in strict descending order, to provide the vacancies that are presented in the same job, in other equals, similar or inferior hierarchy, located within the same level. In the latter case, the non-acceptance of the appointment does not constitute a cause for exclusion from the list of eligible.
PARAGRAFO. In the competitions held in the Ministry of National Defense, the Military Forces and the National Police, with the exception of their decentralized entities, prior to the formation of the A security study of a reserved character will be made to each contestant, which, if unfavorable, will be causal not to include it in the respective list of eligible. In the case of using lists of eligible entities from other entities, the appointment shall precede the respective safety study. In the event of being unfavourable, the appointment may not be made.
ARTICLE 23. PERIOD OF TRIAL AND REGISTRATION IN THE ADMINISTRATIVE RACE. 58 of Law 909 of 2004 > The person selected by open competition will be appointed in the trial period, for a term of four (4) months, after which his or her job performance. Approved the probationary period, for obtaining satisfactory qualification in the performance of his duties, the employee acquires the rights of career and must be registered in the Public Registry of the Administrative Race.
When the career employee is selected for a new job per contest, without involving change of level, his registration will be updated in the Public Registry. When the rise causes a hierarchical level change, the appointment will be made in the test period; in this event, if the employee does not obtain a satisfactory rating in the evaluation of his/her performance, he/she will return to employment he was performing before the competition, and retains his registration in the administrative career. While the qualification of the probationary period is produced, the position of which the promoted employee was holder may be provided by order or by way of provisional appointment.
ARTICLE 24. OPEN COMPETITIONS AND USE OF THEIR ELIGIBLE LISTS. The Higher School of Public Administration, directly or through recruitment with specialized entities, may conduct general competitions to provide administrative career, of the entities of the national and territorial orders previously defined by the National Commission of the Civil Service. The National Government will regulate the matter, taking into account the possibility of organising professional tables and groups occupational.
The eligible lists resulting from these contests will be used, during the term of their term, for the provision of jobs with general functions and functions equal to or similar to those stipulated in the respective calls.
The call for these competitions will be held in the territorial district determined by the National Civil Service Commission and the lists of eligible will be mandatory for the entities that are located in that constituency. These general lists will be prevalent on the lists established by open competitions in the entities.
Likewise, the National Civil Service Commission may regulate the conduct of general basic tests of compulsory preselection which, with the minimum requirements of the jobs, will constitute the indispensable factors that must be present in all applicants to enter career positions. This pre-selection phase will be part of the entities that perform the entities processes to assess the complementary factors required for each job according to their profile and specificity.
ARTICLE 25. RESERVE OF THE TESTS. 58 of Law 909 of 2004 > The tests applied or to be used in the selection processes have a reserved character, and will only be of knowledge of the employees responsible for their elaboration and application, or of the respective Civil Service Commissions and Personnel Commissions, when they require to know them in development of the investigations they advance.
PUBLIC REGISTRATION OF THE RACE
ARTICLE 26. PUBLIC REGISTER OF ADMINISTRATIVE CAREER. 58 of Law 909 of 2004 > Create the public register of the administrative career, which will be made up of all registered employees or who will be registered. The administration and organization of this public registry will be the responsibility of the National Civil Service Commission, who for the purpose will be supported by the Administrative Department of the Civil Service. .
The guidelines, guidance and control to bring the departmental and Capital District registry will be the responsibility of the National Civil Service Commission; its immediate monitoring will be the responsibility of the respective Departmental Commission, or that of the Capital District of Santafe of Bogota, in the terms of the National Commission
PARAGRAFO. The public administrative race record will have a chapter for the human resource dedicated to research and technological development. The National Science and Technology Council will support its organization and administration.
ARTICLE 27. REGISTRATION AND UPDATING. 58 of Law 909 of 2004 > Registration and/or updating shall consist of the annotation in the Public Registry of the name, sex and identity document of the employee, the employment in which the registration is entered or made updating, the name of the entity, the place in which it performs the functions, the date of entry to the register, and the salary assigned to the employment. Each Civil Service Commission will have what is necessary for the departmental authorities and the District Capital of Santafe in Bogota to make up the Public Registry of its jurisdiction, in accordance with the regulations to be issued by the National Civil Service Commission.
The National Civil Service Commission, through the Administrative Department of the Civil Service, will perform the registration and/or updates in the Register Public of the staff of the national order entities.
ARTICLE 28. Notice. 58 of Law 909 of 2004 > The notification of registration and/or update in the administrative career will be fulfilled with the annotation in the public register.
ARTICLE 29. CERTIFICATION. 58 of Law 909 of 2004 > The registration and/or update in the Administrative Race will be communicated to the person concerned and the chief of staff or to those who do their times in the corresponding entity, by means of certification that for the effect will be issued by the national, departmental or Capital District authority that carries the Public Registry within the parameters established by the Commission National of the Civil Service. Heads of staff or those who do their job may issue the subsequent certifications required by career employees about their situation in the company, s certifications that can be issued by the mentioned authorities.
ASSESSMENT OF CAREER EMPLOYEES ' PERFORMANCE AND QUALIFICATION
ARTICLE 30. ASSESSMENT OF PERFORMANCE AND ITS RATING. 58 of Law 909 of 2004 > Career performance of career employees should be evaluated with respect to the previously agreed objectives between evaluator and evaluated, taking into account factors objectives, measurable, quantifiable and verifiable; the outcome of this assessment shall be the qualification for the period laid down in the regulatory provisions. However, if during this period the head of the body receives information, duly supported, that the job performance of an employee is deficient, he may order, in writing, to be evaluated and to qualify his services immediately.
ARTICLE 31. OBJECTIVES OF PERFORMANCE EVALUATION. 58 of Law 909 of 2004 > Performance evaluation is a management tool that seeks the improvement and development of career employees. To be taken into account for:
a) Acquire career rights;
b) Conceding stimuli to employees;
c) Participate in promotion contests;
d) Formulate training programs.
e) Grant scholarships and study fees;
f) Evaluate the selection processes, and
g) Determine the permanence in the service.
ARTICLE 32. OBLIGATION TO EVALUATE AND QUALIFY. 58 of Law 909 of 2004 > Employees who are responsible for evaluating and qualifying the work performance of staff must do so in the terms of the regulation, which for the purpose of the Commission's National of the Civil Service. Failure to comply with this duty shall be punishable in a disciplinary manner, without prejudice to the obligation to qualify.
ARTICLE 33. NOTIFICATION OF QUALIFICATION. 58 of Law 909 of 2004 > The qualification, product of the evaluation of the job performance, shall be notified to the evaluated, who may interject the resources of law, to be modified, clarified or revoked. All the above in accordance with the special procedure to be established.
ARTICLE 34. INSTRUMENTS. 58 of Law 909 of 2004 > The National Commission of the Civil Service shall adopt or modify the instruments for the evaluation and qualification of the performance of the work, which shall, as a general rule, be accepted by the national, departmental, county and municipal. In these instruments, the objectives to be achieved through consultation will be determined, among those who have the function of evaluating and evaluating them.
The entities and bodies which, by the nature of their functions, require special forms or regulations, will submit the corresponding projects for approval to the National Civil Service Commission.
CAREER EMPLOYEE STIMULI AND TRAINING
ARTICLE 35. STIMULI. 58 of Law 909 of 2004 > Employees of an administrative career whose work performance reaches levels of excellence, will be subject to special stimuli, in the terms that they point out in the norms that are developed by this law.
ARTICLE 36. TRAINING OBJECTIVES. 58 of Law 909 of 2004 > Training of career employees is aimed at fostering improvement in the provision of services, to address the deficiencies identified in performance evaluation and to develop the potentialities, skills and abilities of the employees to enable their promotion in the administrative career.
Personnel units will formulate training plans and programs to achieve these goals, in accordance with established standards and taking into account performance evaluation results.
PARAGRAFO. All entities must issue a regulation setting the criteria for officials to be supported in higher-level, post-graduate training, specializations, and training programs.
REMOVING THE SERVICE
ARTICLE 37. CAUSALES. 58 of Law 909 of 2004 > The withdrawal of service from career employees occurs in the following cases:
(a) By declaratory of unsubsistence of the appointment, as a result of unsatisfactory qualification in the assessment of the job performance;
b) By regularly accepted waiver;
c) By retirement entitled to retirement;
d) By absolute invalidity;
e) By age of forced retirement;
f) By removal, disengagement or removal as a result of disciplinary investigation;
g) By declaratory of vacancy of employment in case of abandonment of the same;
h) By revoking the appointment for failing to accredit the requirements to perform the employment, which is dealt with in Article 5 of Law 190 of 1995;
i) By order or court decision;
(j) The non-uniformed personnel of the Ministry of National Defense, the Military Forces, and the National Police, with the exception of their decentralized entities, prior to the favorable concept of the Personnel Commission, may be withdrawn. When a reserved intelligence report considers that it is inconvenient to remain in the service for reasons of national security. In this case, the providence will not be motivated;
k) For others to determine the Political Constitution, laws, andregulations.
ARTICLE 38. LOSS OF CAREER RIGHTS. The withdrawal of the service by any of the causals provided for in the previous article entails the withdrawal of the administrative career and the loss of the rights inherent to it, except when the service is operated by the incorporation in the terms of the following article of this law. In the same way, the withdrawal of the race and the loss of the rights of the same, when the employee takes possession of a career position, of free appointment and removal or period, without having complied with the formalities legal.
PARAGRAFO. The withdrawal of the service from a regularly accepted waiver career employee will allow the continuity of your registration for a term of two (2) years during which, you may participate in the promotion in which you are accrediting the relevant requirements.
ARTICLE 39. RIGHTS OF THE ADMINISTRATIVE CAREER EMPLOYEE IN THE EVENT OF REMOVAL FROM OFFICE. 58 of Law 909 of 2004 > Public career employees who are removed from the posts of which they are the holders, as a result of the deletion or merger of entities, agencies or dependencies, or the transfer of functions from one entity to another, or modification of plant, may choose to be incorporated into equivalent jobs or receive compensation on the terms and conditions to be established by the National Government.
For the incorporation of this article you will consider the following rules:
1. The incorporation will take place, within six months after the removal of the charges, in equivalent career jobs that are vacant or that according to the needs of the service are created in the personnel plants, in the following order:
1.1 In the entities in which they were providing their services, if they had not been deleted.
1.2 In entities that assume the functions of the deleted jobs.
1.3 In entities in the administrative sector to which entities, dependencies, jobs, or deleted functions belong.
1.4 In any entity in the Executive Branch of the national or territorial order, as the case may be.
2. Incorporation shall proceed as long as the minimum requirements for the performance of the respective jobs required by the entity required to do socredited.
3. The person thus incorporated will continue with the career rights that he held at the time of the deletion of his employment and will be updated his enrollment in the race.
4. If incorporation within the designated term is not possible, the former employee shall be entitled to the recognition and payment of the compensation.
PARAGRAFO 1o. When the personnel plant of an entity or entity and the race jobs of the new plant is completely or partially reformed, without changing its functions, they are distinguished from those that formed the plant prior to having varied only the denomination and the degree of remuneration, those charges may not have higher requirements for their performance and the holders with career rights from the previous jobs, must be incorporated by Consider that there was no effective suppression of these.
PARAGRAFO 2o. In the event that the employee opts for compensation or receives it, the administrative act on which the employee is established will be executive merit and will have the same legal effects of a. The terms of expiration established in the Administrative Code of Administrative Law to establish the action of nullity and reestablishment of the right will be counted from the declaration of nullity of the act administrative that originated job deletion.
ARTICLE 40. EFFECTS OF THE INCORPORATION OF THE CAREER EMPLOYEE TO THE NEW STAFF PLANTS. 58 of Law 909 of 2004 > To employees who have entered the race prior to accreditation of the requirements required at the time of their entry, they will not be able to require different requirements in case of incorporation or transfer to equal or equivalent employment. Violation of the provisions of this Article shall be the cause of misconduct, subject to disciplinary action without prejudice to other legal responsibilities.
ARTICLE 41. REFORM OF PERSONNEL PLANTS. 58 of Law 909 of 2004 > In order to ensure the preservation of the rights of career employees, the personnel plant reforms of the entities of the executive branch of the national orders and territorial, involving the elimination of career jobs, must be expressly motivated; the need to be based on the needs of the service or for reasons of modernization of the administration and to be based on technical studies that demonstrate it; respective entities, the Higher School of Public Administration, specialized firms in the matters, or professionals in public administration or other appropriate professions, duly accredited, in accordance with the regulations that the National Government may issue for the purpose.
Any modification to the personnel plants of the entities of the national order, including without exception the public establishments, the autonomous corporations " Regional, and the plants of public service personnel that are part of the industrial and commercial enterprises of the State, must be approved by the Administrative Department of the Civil Service. The Administrative Department of the Civil Service will take the balance of deficit charges that, requiring compliance with the purposes of the national entities, it has not been possible to create them in the respective personnel plants by reasons for budgetary order. This balance sheet shall be justified in technical plant studies by consulting exclusively the needs of the service and the techniques of occupational analysis with no other concept.