Law 909 of 2004 (September 23)
Official Gazette No. 45680 of September 23, 2004 PUBLIC POWER
LEGISLATIVE BRANCH By establishing rules governing public employment are issued, the civil service, public management and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
PURPOSE OF THE LAW.
CHAPTER I. PURPOSE, SCOPE AND PRINCIPLES.
ARTICLE 1o. PURPOSE OF THE LAW. This law is aimed at regulating public employment system and establishing the basic principles that should govern the exercise of public management.
Those who provide unpaid personal services, legal and regulatory link in the agencies and entities of public administration, make the civil service. In carrying out its functions and fulfill their respective roles, the civil ensure care and satisfaction of the general interests of the community.
According to the provisions of the Constitution and the law, they are part of the civil service the following public offices:
a) public employment career;
B) Public Jobs appointment and removal;
C) fixed-term jobs;
D) Temporary jobs.
Matches Article 2.
. PRINCIPLES OF THE CIVIL SERVICE.
1. The civil service is developed taking into account the constitutional principles of equality, merit, morality, efficiency, economy, impartiality, transparency, promptness and advertising.
2. The criterion of merit, personal qualities and professional skills, are the substantive elements of the selection process of personnel that integrates the civil service. Such criteria may be adjusted to public employment of appointment and removal, in accordance with the provisions of this law. Jurisprudence
3. This law is aimed at achieving the satisfaction of the general interest and the effective provision of the service, which derive three basic criteria:
a) The professionalization of human resources at the service of the Public Administration that seeks consolidation the principle of merit and quality in the provision of public services to citizens;
B) Flexibility in the organization and management of the civil service to suit the changing needs of society, understood flexibility without compromising the stability of which Article 27 of this Law;
C) The responsibility of public servants for the work developed, which will be implemented through the instruments of performance evaluation and management arrangements;
D) Training to increase efficiency levels.
ARTICLE 3. SCOPE OF THIS LAW.
1. The provisions of this Act shall apply in its entirety to the following public servants:
a) who perform jobs outside the administrative career in the entities of the Executive Branch of the National level and its decentralized entities.
- Administrative staff of the Ministry of Foreign Affairs, unless the corresponding foreign service jobs are held by people who do not have the Colombian nationality.
- Administrative staff of higher education institutions that are not organized as autonomous entities university. Jurisprudence
- Administrative staff of institutions of formal education of pre-school, primary and secondary levels.
Term Notes Legislation Previous
Term Notes Legislation Previous
- A Family commissioners, in accordance with the provisions of paragraph of Article 30 of Law 575 of 2000;
B) Those who provide services in career jobs in the following entities:
- In the autonomous regional corporations.
- In personerías.
- In the National Civil Service Commission.
- In the National Television Commission. Effective Jurisprudence
- In the Auditor General of the Republic. Effective Jurisprudence
- In the General Accounting Office;
C) A career civil servants of territorial entities level: departments, Distrito Capital, districts and municipalities and their decentralized bodies;
D) This Act shall also apply to employees of the departmental assemblies, the district and municipal councils and local administrative bodies. Excepted from this application those performing jobs policy support units requiring Deputies and Aldermen.
2. Judicial branch of government -
: The provisions of this law on public servants of special races such as likewise apply additionally, in the event of gaps in the regulations that govern them,.
- Attorney General's Office and the Ombudsman.
- General Comptroller of the Republic and Territorial Comptrollers.
- Attorney General's Office.
- University autonomous entities.
- Personal governed by diplomatic and consular career.
- The governing teachers. Effective Jurisprudence
- The governing career staff of Congress PARAGRAPH 2.
. While standards for career staff of the Territorial Comptrollers and career employees of the Congress were the provisions of this Act shall apply is issued. Effective Jurisprudence
ARTICLE 4. SYSTEMS SPECIFIC ADMINISTRATIVE CAREER.
1. Means specific systems of administrative career those due to the uniqueness and specialty of the functions performed by the entities to which they apply, contain specific regulations for the development and implementation of administrative career in income, training, retention , promotion and retirement of staff and are enshrined in various laws that regulate the civil service.
2. the following specific administrative career systems are considered:
- The governing for personnel serving in the Administrative Department of Security (DAS).
- The governing for personnel serving in the National Penitentiary and Prison Institute (INPEC).
- The governing personnel of the Special Administrative Unit of National Taxes and Customs (DIAN).
- The governing scientific and technological personnel of public entities that make up the National System of Science and Technology.
- The governing for personnel serving in the Superintendents.
- The governing personnel serving in the Administrative Department of the Presidency of the Republic.
- The governing personnel serving in the Special Administrative Unit of Civil Aeronautics.
- The governing personnel providing services to the official fire departments. Effective Notes
3. Monitoring of these specific systems for the National Civil Service Commission. Effective Jurisprudence
PARÁGRAFO. While the rules of specific systems of administrative careers for employees of the superintendents of the National Public Administration, for the scientific and technological personnel of the National Science and Technology, are issued to staff of the Administrative Department of the Presidency of the Republic and staff of the Special Administrative Unit of Civil Aeronautics, the provisions of this law shall be applicable. Effective Jurisprudence
CLASSIFICATION OF PUBLIC JOBS.
The 5th ITEM. CLASSIFICATION OF JOBS. Employment agencies and entities covered by this law are administrative career, except for:
1. The popular election, the fixed period, in accordance with the Constitution and the law, official workers and those whose functions should be exercised in indigenous communities in accordance with its laws.
2. Those whose appointment and removal corresponding to one of the following criteria:
a) the management, conduct and institutional orientation, the exercise involves adopting policies or guidelines as follows:
In the 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; Commercial attache; Managing Director, Financial, Administrative and Financial, technical or operational; Deputy Managing Director, Financial, Administrative and Financial, technical or operational, Managing Director; Heads of Internal Control and Internal Disciplinary Control or his substitute; Head of Office, Head of Legal Advisory Office, Planning, Press and Communications; International negotiator; Petroleum comptroller, and Harbormaster. Editor's Notes
In the Special Administrative Unit of Civil Aeronautics also 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 General Manager or National; Vice President, Deputy General Manager or Deputy or National; Director and Deputy Director of Special Administrative Unit; Superintendent; Deputy Superintendent; Mayor; Superintendent Director; General secretary; Technical, Administrative Assistant, Financial, Administrative and Financial Directors; Territorial Director or Manager, Regional, Sectional or Local; Director of Hospital Unit; Heads of Offices, Chiefs of Legal Advisory, Planning, Press and Communications Offices; Heads of Internal Control and Internal Disciplinary Control or his substitute; advisers who are assigned to the offices of the Superintendent of Banking and delegates and Heads of Division Superintendents Banking Superintendency of Colombia.
In the Central Administration and supervisory bodies of the Territorial Level:
Secretary General; Secretary and Undersecretary of Office; Chief Overseer, Overseer Municipal; Director and Deputy Director of Administrative Department; Director and Deputy Executive Director of Association of Municipalities; Director and Deputy Director of the Metropolitan Area; Subcontralor, Deputy Comptroller or Assistant Comptroller; Head of Internal Control or his substitute; Heads of Legal Advisory, Planning, Press and Communications Offices; Local mayor, Corregidor and Personero Delegate. Jurisprudence
In the Decentralised Territorial Administration Level:
President; Director or Manager; Vice president; Deputy or assistant manager; General secretary; Heads of Offices of Legal Advisors, Planning, Press and Communications and Heads of Internal Control and Disciplinary or person acting Internal Control; Effective Jurisprudence
B) employment which involves special trust their assigned functions institutional care or supportive counseling, which are direct and immediate service of the following officials, provided such jobs to their respective offices are attached thus:
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.
In the Armed Forces and National Police, assigned to the offices of command, units and departments of intelligence and communications, because of the confidence intuitu personae those jobs required in the exercise, given the handling It should be given to matters before the exclusive area of the reserve, public order and national security, Commanders and Deputy Commanders of Force and Chief of Joint Staff. Jurisprudence
In the Ministry of Foreign Affairs of the administrative service abroad with different nationality of the Colombian and support staff abroad. Jurisprudence
In the Congress, expected in the 5th Law.
1992. In the decentralized administration of the National Level:
President, Director or General Manager, Superintendent and Director of Special Administrative Unit.
In the Central Administration and Control bodies Territorial Level:
Governor, Mayor, District, Municipal and Local.
In the Decentralised Territorial Administration Level:
President, Director or Manager;
C) The employment which involves the administration and the direct management of goods, money and / or securities;
D) employment agencies not belonging to state security, whose duties as escort, consisting of the personal protection and security of public servants.
E) employment counseling performing functions on the Executive Boards of the departmental assemblies and district and municipal councils; Effective Notes
F) The employment which involve special trust vested institutional advisory functions, which are attached to the offices of the clerks office of the Administrative Department Directors, managers in both departments, special districts , Capital District and districts and municipalities special category first. Effective Notes
ARTICLE 6o. CHANGING NATURE OF JOBS. The administrative career employee whose position is declared free appointment and removal, must be transferred to another career that has similar functions and pay less than the jobs that plays, 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 it should be provided by public tender.
NATIONAL CIVIL SERVICE COMMISSION AND ORGANS OF MANAGEMENT AND PUBLIC EMPLOYMENT AND MANAGEMENT OF PUBLIC MANAGEMENT.
CHAPTER I. NATIONAL CIVIL SERVICE COMMISSION.
ARTICLE 7. NATURE OF THE NATIONAL CIVIL SERVICE COMMISSION. The National Civil Service Commission under Article 130 of the Constitution, responsible for the administration and supervision of the races, except for special races, is an organ of guarantee and protection of the merit system in public employment under the terms established in this law, permanent national level, independent of the branches and public bodies, with legal personality, administrative autonomy and its own assets.
In order to ensure the full observance of the merit principle in public employment of administrative career, the National Civil Service Commission will act in accordance with the principles of objectivity, independence and impartiality.
Article 8. COMPOSITION OF THE NATIONAL COMMISSION ON CIVIL SERVICE AND REQUIREMENTS OF ITS MEMBERS.
1. The National Civil Service Commission shall consist of three (3) members who shall be appointed in accordance with the provisions of this law.
2. To be elected to the National Civil Service Commission must be Colombian by birth, over 35 years with a university degree in areas related to the functions of the National Commission, postgraduate and professional experience accredited in the field of civil or human resources and labor relations in the public sector for more than seven (7) years. Effective Jurisprudence
Article 9. PROCEDURE FOR APPOINTMENT OF MEMBERS OF THE NATIONAL COMMISSION ON CIVIL SERVICE AND PERIOD OF PERFORMANCE. Members of the National Civil Service Commission shall be appointed for an institutional period of four (4) years and full-time. During his tenure they may not be removed or retired, except for disciplinary action or reach the age of mandatory retirement.
Matches He should be replaced
When a member of the Commission, who does it as a starter will do it for the unexpired replaced and in any event the Commissioners not be re-elected for the next period.
The National Civil Service Commission will be formed by open public competition organized by the National Government and alternately conducted by the National University and the ESAP. For this contest may be submitted all citizens who meet the requirements set out in Article 8. of this law.
With the candidates will contest a list of eligible shall be established in strict order of merit, which will be valid for four (4) years. The candidate receiving the first position will be appointed by the President of the Republic as a member of the National Civil Service Commission for the respective period. Absolute vacancies are will supplement the list of eligible in strict order of merit for the remaining period.
The competitions for the selection of members of the National Civil Service Commission be made in accordance with the procedure for the purpose by the regulation.
It may not be elected to the National Civil Service Commission who in the previous year has flaunted the appointing authority in the entities to which they apply this law; also members of the Commission will apply the system of incompatibilities and disqualifications established in the Constitution and the law to be Minister Office.
Three (3) months prior to the expiration of the period for which he was appointed each of the members of the Commission, the President of the Republic shall make the respective designation, for which the procedure must be complied with provisions of this Article .
PARÁGRAFO TRANSIENT. To ensure the immediate implementation of this law, three (3) first members of the National Civil Service Commission shall be appointed in accordance with the following procedure:
A list of five (5) candidates nominated by the Ombudsman five candidates for the Supreme Court and five candidates for the most representative unionization of public and private universities.
In the formation of these lists will be considered that candidates prove the requirements specified in Article 8. and the provisions of the Law is observed in 2000.
With 581 candidates to integrate the above lists, merit contest will be held at the National University or the ESAP, which shall forward the list of approved President of the Republic for designation and corresponding possession, in strict order of merit. This list will only be used for the appointment of the first members of the National Civil Service Commission and to fill the final vacancy that incurred in relation to the employment of such members.
In no case may intervene in the nomination and designation individuals within the fourth degree of consanguinity, affinity and first civil or legal or who is related by marriage or permanent union with respect to the candidates.
In order to ensure the functioning of the Commission, members of the first designation of the National Civil Service Commission will have a period that will be decided on the score obtained in the competitive examination as follows: Four (4) years for the highest score three years for the second score and two years for the third score. Overcome each of these periods the new appointment will be for an institutional period of four (4) years, in accordance with the provisions of this Article. Editor's Notes
For the formation of the Commission within the month following the effective date of this law will be integrated lists in this article, so that within two (2) months following the evaluation process and appointment is made in accordance with the provisions of this Article. Effective Jurisprudence
ARTICLE 10. ARRANGEMENTS APPLICABLE TO MEMBERS OF THE NATIONAL CIVIL SERVICE COMMISSION.
A) Members of the National Civil Service Commission are public employees and receive, from the budget of the Committee, the pay and benefits for the use of Office Minister; these jobs require dedicated and consequently, its exercise is not compatible with any other professional activity in the public or private sector, except for the provision contained in Article 19, paragraph d) of the Act 4A. 1992;
B) Prior to three (3) months of the expiration of the Commissioners, the process of selection of new members shall be fulfilling the procedure established in article 9.
The temporary vacancy shall be filled by custom an employee of the National Civil Service Commission considered the highest level in the plant and stating the requirements for membership of the Commission. In case of permanent vacancy will proceed to appoint the following list eligible for the remaining period of the replaced in accordance with the provisions of the second paragraph of Article nine of this.
ARTICLE 11. FUNCTIONS OF THE NATIONAL CIVIL SERVICE COMMISSION RELATED TO LIABILITY MANAGEMENT ADMINISTRATIVE CAREER. In exercise of the powers relating to the responsibility of the management of the administrative career, the National Civil Service Commission shall perform the following functions:
A) Establish according to the law and regulations, the general guidelines that the selection process for the provision of administrative jobs career entities to which this Act applies be developed;
B) Accrediting institutions to carry out selection processes in accordance with the provisions of the regulations and set tariffs for hiring contests, in accordance with the provisions of Article 30 of this Law;
C) Prepare invitations to tender for the performance of public employment career, according to the terms and conditions established by this Act and the regulations;
D) Establish the necessary tools for the application of the rules on performance evaluation of civil service employees;
E) To establish, organize and manage the National Bank of lists of eligible; the Databank former employees with career rights whose charges have been abolished and who have chosen to be incorporated and the Data Bank employees displaced because of violence race;
F) refer to entities, ex officio or at the request of the respective nominators, lists of people which should provide administrative career jobs that are vacant permanently, according to the information kept in banks data for the previous paragraph refers;
G) Manage, organize and update the public register of employees enrolled in administrative career and issue the relevant certificates;
H) Issue circulars instructive for the correct application of the rules governing the administrative career;
I) Perform the selection process for admission to public employment through public or private universities or institutions of higher education, to recruit for this purpose;
J) Develop and disseminate studies on general or specific aspects of the management of public employment in relation to income, career development and performance evaluation;
K) Answer the questions put to him on administrative career. Jurisprudence
PARÁGRAFO. The National Bank list of eligible alludes to this Article shall departmentalized and should be exhausted first considering the list of the department where the vacancy is located.
ARTICLE 12. FUNCTIONS OF THE NATIONAL CIVIL SERVICE COMMISSION RELATED TO MONITORING THE IMPLEMENTATION OF THE RULES ON ADMINISTRATIVE CAREER. The National Civil Service Commission in the exercise of monitoring functions shall have the following powers:
a) Once published calls for tenders, the Commission may at any time, on its own initiative or upon request, forward and verification actions management control processes in order to observe their suitability or not the merit principle; and, if necessary, provisionally suspend the respective process, reasoned decision;
B) Leave whole or in part without effect the selection process when the occurrence of irregularities is found, as long as there have been no administrative acts of particular content and specific rights related to race, unless the irregularity is attributable the selected in the contested selection process;
C) Receive complaints, claims and written requests submitted through the means authorized by law and under them or unofficially, conduct investigations for violation of the rules of career it deems necessary and resolve observing principles of speed, efficiency, economy and fairness. Any decision of the Commission shall be motivated and against them the remedy of reinstatement; Effective Jurisprudence
D) Decide on appeal claims that are submitted to it on matters within its competence;
E) To hear complaints about entries in the Register of Public Employees, employees of administrative career who are applying this law;
F) To ensure the proper implementation of procedures for evaluating the performance of career employees;
G) To inform the competent authorities the facts constituting the violation of the rules of racing, for purposes of establishing the criminal that may apply disciplinary, fiscal and;
H) take measures and actions necessary to ensure the proper application of the principles of merit and equality in income and career development of civil servants, according to the provisions of this Act;
I) To submit a report to Congress within ten (10) days of each legislature, or when requested, on its activities and the state of public employment, in relation to the effective implementation of merit principle at the various levels of public administration under its jurisdiction. PARAGRAPH 1.
. For the proper exercise of its powers in this matter, the National Civil Service Commission is in regular contact with staff units of the different public entities to perform their duties in accordance with the provisions of this law. PARAGRAPH 2.
. The National Civil Service Commission may impose public servants of national and regional bodies and penalties of fine, after due process, when the violation has been established to the rules of administrative career or failure to comply with orders and instructions issued by it. The fine must observe the principle of gradualism according to the regulations issued by the National Civil Service Commission, the minimum shall be five (5) statutory minimum wages and maximum twenty-five (25) statutory minimum wages. Effective Jurisprudence
ARTICLE 13. ORGANIZATION AND STRUCTURE OF THE NATIONAL CIVIL SERVICE COMMISSION.
1. The National Civil Service Commission shall adopt its rules of organization and operation, which will be published in the Official Journal.
2. The National Civil Service Commission in full hall appoint among its members a President, for periods of one year, who shall be the legal representative thereof.
3. The National Civil Service Commission always take its decisions in plenary and in session convened by its Chairman at least every two (2) days per week, sessions which may invite persons who can make contributions in the respective deliberations.
4. The National Civil Service Commission will determine its structure and establish the plant personnel required for the performance of their duties, based on the principles of economy and efficiency.
5. The Ministry of Finance and Public Credit advance transfers or additions necessary budget to ensure the implementation of the National Civil Service Commission, in accordance with the principles of economy and efficiency that should inspire public expenditure control.
6. The National Civil Service Commission, for reasons of urgency or special need, may request any body or agency of the Executive Branch at the national performing certain activities that do not impair their independence and impartiality, or, where appropriate request to temporarily employees, who during the period of the administrative situation depend functionally comisionen Commission said.
7. The headquarters of the National Civil Service Commission is the city of Bogotá, DC
8. The assets of the National Civil Service Commission will be formed:
a) contributions from the national budget and those to be paid to any title of the Nation or any other state entity;
B) the proceeds from the sale of its goods and by donations from individuals or corporations, domestic or foreign;
C) other income and property acquired under any title.
PARÁGRAFO. For tax purposes only the National Civil Service Commission will have under public establishment of national, and therefore not subject to income tax and complementary.
Steering AND MANAGEMENT OF PUBLIC EMPLOYMENT AND PUBLIC MANAGEMENT.
ARTICLE 14. THE ADMINISTRATIVE DEPARTMENT OF CIVIL SERVICE. The Administrative Department of Public Service corresponds forward the following functions:
a) Under the guidance of the President of the Republic include the formulation of policy, planning and coordination of human resources at the service of the Public Administration national and regional level;
B) Develop and propose to the Government draft laws and draft regulatory decrees on public function;
C) establish, in agreement with the President of the Republic and the National Planning Department, policies regarding administrative organization of the state, oriented functionality and modernization of administrative structures and the organic statutes of public entities the national order;
D) Develop and approve the annual Plan of vacancies according to data provided by the different entities and give notice thereof to the National Civil Service Commission;
E) To promote, coordinate and, where appropriate, implement plans, measures and activities to improve performance in the public service, training and promotion of public employees;
F) Ensuring compliance and implementation by staff units of the general rules on public employment, without prejudice to the powers conferred on the National Civil Service Commission;
G) establish, in agreement with the President of the Republic, policies of human resource management at the service of the State in the Executive branch of government within the framework of the Constitution and the law, with respect to the following matters: human resource planning, linking and retirement, social welfare and staff incentives, wage and benefit system, nomenclature and classification of jobs, manuals functions and requirements, plant personnel and labor relations;
H) To define the general policies of training and development of human talent in the service of the State in the Executive Branch of Public Power and advise and provide technical support to the various units of personnel in these areas;
I) Design and manage information systems on public employment, in coordination with personnel units of public entities and the National Civil Service Commission in relation to the Public Registry of Race;
J) To advise the Executive Branch of all orders and especially to municipalities in matters relating to the management and development of human talent;
K) To formulate strategic plans and basic human resources for implementation by the agencies and entities of the Executive Branch lines;
L) Develop, in coordination with the Ministry of Finance and Public Credit of public employment structure that allows the application of the rules of civil service;
M) To ensure the prestige of the Government as employer;
N) Determine the parameters from which the territorial entities at the national level and develop the respective operating manuals and requirements and make selective monitoring compliance with national entities;
O) To formulate the National Education and Training Plan;
P) Support the National Civil Service Commission, when it is required, in the performance of their duties;
Q) Other functions assigned by law.
ARTICLE 15 PERSONNEL UNITS ENTITIES.
1. Staff units or their substitutes, agencies and entities who are applying this law are the basic structure of the management of human resources in public administration.
2. They will be specific to these units staff functions, the following:
a) Develop strategic human resource plans;
B) Prepare the annual plan of vacancies and submit it to the Administrative Department of Public Service, information that will be used for planning of human resources and policy;
C) Develop plant projects personnel and manuals functions and requirements, in accordance with current regulations, for which may have the advice of the Administrative Department of Civil Service, public or private universities, professionals or specialized firms or public administration;
D) To determine the profiles of the jobs that must be provided by merit selection process;
E) Design and manage training programs and training, in accordance with the provisions of the law and the National Plan of Education and Training;
F) organize and manage a systematic human resources in your company, allowing the development of internal programs and decision making registration. This information will be administered in accordance with the guidelines and requirements of the Administrative Department of Public Service;
G) Implement performance appraisal system within each entity in accordance with the rules and procedures established by the National Civil Service Commission;
H) All other powers are conferred by law, regulation or manual functions.
ARTICLE 16. PERSONAL COMMISSIONS.
1. In all organisms and regulated by this law entities must be a Personnel Committee, consisting of two (2) representatives of the entity or body designated by the nominator or his substitute and two (2) representatives of employees who must administrative career and be elected by direct vote of the employees. In the same way, Personal Commissions in each of the regional or sectional units will be integrated entities.
Decisions of the Commission shall be taken by an absolute majority. In case of a tie vote will be repeated again and if it persists, this will be settled by the Head of Internal Control of the respective entity. Effective Jurisprudence
The Committee shall meet at least once a month and shall be convened by any of its members or by the chief of staff of the entity or body or his substitute, who will be the secretary of the same and will strictly order and rigor the Minutes of the meetings.
The Commission shall elect from among its members a president.
2. In addition to those assigned in other standards, Personnel Commissions fulfill the following functions:
a) Ensure that the selection process for the provision of employment and performance evaluation is carried out in accordance with the provisions of the rules and legal procedures and regulations and the guidelines set forth by the National Civil Service Commission. The aforementioned functions are carried out without prejudice to the powers of the National Civil Service Commission. For this purpose, the Personnel Commission shall prepare reports and respond to requests that this requires;
B) To settle claims that in terms of selection processes and performance evaluation and charged them are attributed by the special procedure;
C) To request the National Civil Service Commission exclusion from the list of eligible persons who have been included without meeting the requirements of the respective calls, or violation of laws or regulations governing administrative careers . If not addressed the request, they must report this situation to the National Civil Service Commission to take appropriate measures;
D) To know, in the first instance, claims formulate career employees who have opted for the preferential right to be involved when their jobs are abolished, considering that their rights have been violated;
E) To know, in the first instance, claims submitted by employees from the effects of the additions to the new staffing of the entity or by deterioration of their working conditions or orders;
F) Ensure that jobs are provided in the order of priority established in the laws and because the lists of eligible be used within the principles of economy, speed and efficiency of administrative functions;
G) To ensure that in the selection process principles and rules established in this law are met;
H) Participate in the preparation of the annual training plan and training and the stimulus and monitoring;
I) Propose the respective entity in the formulation of programs for diagnosis and measurement of organizational climate;
J) The other functions as may be conferred by law or regulation. Effective Jurisprudence
3. Commissions Staff of public bodies must report to the National Civil Service Commission of all incidents that occur in the selection process, performance assessment and commissions. Quarterly send to the National Civil Service Commission a detailed report of its activities and the fulfillment of their duties. At any time the National Civil Service Commission may assume knowledge of the issues or send his delegate to prepare a report thereon and the appropriate decisions are taken.
PARÁGRAFO. In order to serve as a stage for dialogue between employees and management will exist Commissions Municipal Staff, District, state and national, whose composition and functions shall be determined by the regulation, which for the purpose by the National Civil Service Commission.
INSTRUMENTS OF MANAGEMENT OF PUBLIC EMPLOYMENT.
ARTICLE 17. EMPLOYMENT PLANS AND PLANTS.
1. All staff units or their substitutes agencies or entities to which they apply this law, shall prepare and annually update forecast plans human resources with the following scope:
A) Calculation of necessary jobs, according to the requirements and professional profiles established in the specific manuals functions, in order to meet present and future needs arising from the exercise of its powers;
B) Identification of ways to meet the quantitative and qualitative staffing requirements for the annual period, considering the measures of income, promotion, training and education;
C) Estimation of all staff costs derived from the above measures and securing funding with the budget.
2. All entities and agencies who are applying this law, shall maintain updated global employment levels necessary for the efficient performance of the functions responsible for which take into account the rationalization of expenditure. The Administrative Department of Public Service may request the information required about the formulation of policies on human resource management.
ARTICLE 18. GENERAL ADMINISTRATIVE INFORMATION SYSTEM.
1. The General System of Administrative Public Sector Information is a tool that allows policy to ensure the planning, development and management of Public Service.
2. The General Management Information System will cover all agencies and entities of the three branches of government, law enforcement agencies, electoral organization and autonomous bodies at national, departmental, district and municipal orders.
3. The General Management Information System will comprise, among others, subsystems institutional organization, human resources management, budget and human resources applied; aspects of these subsystems not covered by this law shall be determined in the regulations for the purpose by the Government.
4. The design, management and implementation of General Management Information System will be the responsibility of the Administrative Department of Public Service, who will ensure proper coordination with relevant agencies in information systems, and especially with the financial information system of the Ministry of Finance and Public Credit.
5. The subsystem institutional organization contain information related to the data that identify and characterize entities and public sector bodies, creating rules, statutes, structures, plant personnel, job classification systems, compensation and social benefits schemes.
6. Human Resources Subsystem contain information about the number of government jobs, government workers and contractors to provide services; news from your income and retirement; belonging to the general administrative career or specific or special information system and welfare schemes and training.
7. The budget subsystem human resources, will be under the Ministry of Finance in coordination with the Administrative Department of Public Service and its contents will be determined by regulation.
8. The entities are obliged to provide the information required by the system in the terms and dates established by the regulations.
STRUCTURE OF PUBLIC EMPLOYMENT.
1. Public employment is the core of the structure of the object of the civil service law. For employment it means the set of functions, tasks and responsibilities that are assigned to a person and the skills required to carry out, in order to meet compliance with development plans and goals of the state.
2. The design of each job should contain:
a) The description of the functional content of the job, so to identify clearly the responsibilities enforceable who is the proprietor;
B) The profile of competencies required to fill employment, including the requirements of study and experience, as well as other conditions for access to the service. In any case, the profile elements must be consistent with the functional requirements of the job content;
C) The duration of employment provided that these are temporary jobs.
PARÁGRAFO. Higher School of Public Administration, ESAP, will lead the studies and roundtables for the identification, characterization and determining occupational requirements and accreditation procedures, based on recognized methodologies. The results thereof will enable the Government to establish the requirements of academic and vocational training of the charges. The national government designate the body responsible for standardization, accreditation and certification of labor skills in the public sector.
ARTICLE 20. FUNCTIONAL TABLES
JOB. Functional tables are groupings of similar jobs in terms of the general nature of their duties, responsibilities and require knowledge and / or joint competences.
1. Government jobs can be grouped into functional tables jobs in order to optimize the management of human resources of each entity.
2. Access, promotion, remuneration system and the training of career civil servants may carry out, if any, in the box functional jobs.
3. Functional tables jobs jobs may cover one or more bodies, depending on the requirements for their performance.
4. By decree functional system tables applicable to all administration jobs and, if necessary, the organizational unit thereof will be regulated.
ARTICLE 21. TEMPORARY JOBS CHARACTER.
1. According to your needs, agencies and entities to which they apply this Act may provide exceptionally plants in their temporary staff jobs or temporary. Its creation must meet one of the following conditions:
a) Comply functions not performed by plant personnel not form part of the ongoing activities of the administration;
B) Develop programs or projects of limited duration;
C) Supplementing staffing needs by overwork, determined by exceptional events;
D) Develop consultancy work and institutional advisory total duration not exceeding twelve (12) months and directly relevant to the purpose and nature of the institution.
2. The rationale for creating temporary jobs must contain the technical rationales for each case, as well as the appropriation and budget availability to cover the payment of wages and social benefits.
3. Admission to these jobs will be effected based on the lists of eligible force for the provision of permanent jobs without such appointments cause the removal of such lists. Not possible using lists a process of assessment of skills and competences of candidates will be made. Effective Jurisprudence
ARTICLE 22. MANAGEMENT OF WORKING HOURS.
1. Full-time jobs
a), as a general rule;: the exercise of the functions of the job, whatever the form of connection with the administration, will be developed under the following categories
B) Part-time or part-time exception at the needs of each entity.
2. In plants of personnel from different agencies and entities to which this Act applies which jobs will be determined corresponding to full-time, part-time and what part-time, according to the working day established in the Decree Law 1042 1978 or amending or replacing it.
INCOME AND RISE TO PUBLIC EMPLOYMENT.
ARTICLE 23. CLASSES OF APPOINTMENTS. The appointments are ordinary, on probation or promotion, without prejudice to the rules have special races.
The jobs of appointment and removal will be provided by ordinary appointment, have complied with the requirements for the performance of employment and procedure established in this law.
The civil service jobs will be provided on probation or rising with persons who have been selected by the merit system, as provided for in Title V of this law.
ARTICLE 24. REQUEST. While the selection process is supplied to provide jobs administrative career, and once summoned the respective competition, career employees have the right to be responsible for such jobs if they can prove the requirements for exercise, with the skills and abilities to their performance , they have not been subject to disciplinary action in the last year and his latest performance evaluation is outstanding. The term of this situation may not exceed six (6) months.
The request shall be made by an employee who is playing the next lower employment that exists in the staffing of the entity, provided they meet the conditions and requirements of the standard. Not to accredit, you must instruct the employee who held the office acreditándolos immediately below and so on.
The jobs of appointment and removal in case of temporary or permanent vacancy may be provided through custom career employees or free appointment and removal, which meet the requirements and profile for their performance. If the order permanent vacancy will be for a term of three (3) months, after which employment must be provided in final form.
ARTICLE 25. PROVISION OF TEMPORARY JOBS BY VACANCY. Career jobs whose holders are in administrative situations involving temporary separation thereof will be provided on an interim basis only for the duration of those situations where it is not possible to provide them with custom by career civil servants. Effective Jurisprudence
ARTICLE 26. COMMISSION TO PERFORM FREE JOBS AND REMOVAL OR NOMINATION PERIOD. Career employees with assessment of outstanding performance, shall be entitled to be granted commission until the term of three (3) years, in continuous or discontinuous periods may be extended for a term equal to perform jobs whose appointment and removal or by the corresponding term in the case of jobs period for which have been appointed or elected by the same entity which are linked or another. In any case, the commission or the sum of which may not exceed six (6) years, under penalty of being detached from office administrative career automatically.
After the term for which the commission was granted, that of the extension or when the employee resigns in charge of appointment and removal or be removed therefrom before the expiration of the term of the commission, should take the employment- which holds rights career. Above are not met, the entity shall declare the vacancy of this and provide for good. Of these developments will be reported to the National Civil Service Commission.
In these terms may be granted to perform jobs commission appointment and removal period or career employees who obtain satisfactory performance assessment. Effective Jurisprudence
TITLE V. INCOME AND RISE TO CAREER JOBS.
CHAPTER I. SELECTION PROCESS OR COMPETITIONS.
ARTICLE 27. ADMINISTRATIVE CAREER. The civil service is a technical personnel management system that aims to ensure the efficiency of public administration and offer; stability and equal opportunities for access and promotion to the public service. It will be made exclusively to achieve this objective, the entry and stay in the civil service jobs based on merit, through selection processes in which transparency and objectivity, without discrimination is guaranteed.
GUIDING PRINCIPLES ARTICLE 28. INCOME AND RISE TO PUBLIC ADMINISTRATIVE JOBS CAREER. The execution of the selection process for entry and promotion to public jobs administrative career, will be developed according to the following principles:
a) Merit. Principle that entry to the administrative career posts, promotion and retention thereof will be determined by the permanent demonstration of academic qualifications, experience and skills required to perform the job;
B) Free competition and equality in income. All citizens who prove the requirements specified in the calls may participate in competitions without discrimination of any kind;
C) Advertising. It is understood that the effective dissemination of calls under conditions that permit be known by all potential candidates;
D) Transparency in the management of the selection process and in the selection of jurors and technical bodies responsible for selection;
E) Specialization of the technical bodies responsible for implementing the selection process;
F) Ensuring impartiality of the bodies responsible for managing and carrying out the selection procedures and, in particular, of each of the members responsible for executing them;
G) Reliability and validity of the instruments used to verify the capacity and skills of applicants to access public employment career;
H) Effectiveness in the selection process to ensure the adequacy of the candidates selected job profile;
I) Efficiency in the selection process, while respecting each and every one of the guarantees that should surround the selection process.
ARTICLE 29. CONTESTS. Contests for admission and promotion to the public civil service jobs will be open to all persons demonstrating the requirements for their performance.
ARTICLE 30. COMPETITION FOR ADVANCEMENT CONTESTS. Competitions or selection procedures will be developed by the National Civil Service Commission, through contracts or inter-administrative agreements signed with public or private universities or higher education institutions accredited by it for that purpose. The costs generated by the execution of the competitions will be charged to the budgets of the entities requiring the provision of charges.
Agreements or contracts will be signed preferentially with accredited entities having jurisdiction in the department or municipality in which the entity for which the competition is held is located.
The Commission credited as appropriate entities to advance the contests public and private universities and institutions of higher education that request and demonstrate their technical competence in selection processes, experience in personnel selection and capacity logistics for the development of contests. The accreditation procedure will be defined by the National Civil Service Commission.
Institutions using lists of eligible outcome of contests developed by the National Civil Service Commission should bear the costs determined by the said Commission.
ARTICLE 31. STAGES OF THE SELECTION OR COMPETITION. The selection process comprises:
1. Announcement. The call, which must be signed by the National Civil Service Commission, the Chief of the entity or body, is regulatory standard of all competition and forces both the administration and entities contracted to carry out the contest and participants.
2. Recruitment. This stage aims to attract and enroll the largest number of applicants who qualify for the performance of jobs object of the competition.
3. Tests. Tests or selection instruments are designed to assess the ability, qualifications and suitability of applicants for the different jobs that are called, and to establish a ranking of candidates regarding the qualities required to perform effectively the functions of a job or functional box jobs.
The assessment of these factors will be through technical means, which must meet criteria of objectivity and impartiality.
The tests applied or used in the selection process are confidential, only they are knowledge of people who enter the National Civil Service Commission in developing the claims process.