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By Establishing Rules Regulating Public Employment, The Civil Service, Public Management Are Issued And Dictate Other Provisions

Original Language Title: Por la cual se expiden normas que regulan el empleo público, la carrera administrativa, gerencia pública y se dictan otras disposiciones

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909 OF 2004

(September 23)

Official Journal No. 45.680 of 23 September 2004

PUBLIC POWER-LEGISLATIVE BRANCH

For which rules are issued that regulate public employment, the administrative career, public management and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

TITLE I.

LAW OBJECT.

CHAPTER I.

OBJECT, SCOPE, AND PRINCIPLES.

ARTICLE 1o. LAW OF LAW. This law aims to regulate the system of public employment and the establishment of the basic principles that must regulate the exercise of public management.

Those who provide paid personal services, with legal and regulatory ties, in public administration agencies and entities, make up the public function. In the development of their roles and in the fulfilment of their different tasks, the public function will ensure the attention and satisfaction of the general interests of the community.

According to the provisions of the Political Constitution and the law, the following public jobs are part of the civil service:

a) Public career jobs;

b) Public employment of free appointment and removal;

c) Fixed period jobs;

d) Temporary jobs.

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ARTICLE 2o. PRINCIPLES OF THE PUBLIC FUNCTION.

1. The public function is developed taking into account the constitutional principles of equality, merit, morality, effectiveness, economy, impartiality, transparency, speed and publicity.

2. The criterion of merit, of personal qualities and of professional capacity, are the substantive elements of the processes of selection of the staff that integrates the public function. Such criteria may be adjusted for public employment of free appointment and removal, as provided for in this law.

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3. This law aims to achieve the satisfaction of the general interests and the effective delivery of the service, resulting in three basic criteria:

a) The professionalization of human resources in the service of the Public Administration that seeks to consolidate the principle of merit and quality in the provision of public service to citizens;

b) The flexibility in the organization and management of the public function to adapt to the changing needs of society, flexibility that must be understood without detriment to the stability of the article 27 of this law;

c) The responsibility of the public servants for the developed work, which will be carried out through the instruments of performance evaluation and management agreements;

d) Training to increase efficiency levels.

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ARTICLE 3o. FIELD OF APPLICATION OF THIS LAW.

1. The provisions contained in this law shall be applicable in their entirety to the following public servants:

(a) To those who have jobs belonging to the administrative career in the entities of the Executive Branch of the National Level and their decentralized entities.

-To the administrative personnel of the Ministry of Foreign Affairs, except where in the foreign service the corresponding jobs are occupied by persons who do not have the Colombian nationality.

-To the administrative staff of higher education institutions that are not organized as autonomous university entities.

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-The administrative staff of the formal education institutions at preschool, basic and middle levels.

-14 of Law 1033 of 2006 >

Vigency Notes
Previous Legislation

-14 of Law 1033 of 2006 >

Vigency Notes
Previous Legislation

-To the Family Commissioners, in accordance with the paragraph of Article 30 13, which amends Art. 30 of Law 294 of 1996 > of Law 575 of 2000;

b) To those who provide their services in career jobs in the following entities:

-In regional autonomous corporations.

-In the customeries.

-In the National Civil Service Commission.

-On the National Television Commission.

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-In the Republic General Audit.

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-In the General Accounting Office of the Nation;

c) To the public employees of territorial level entities: departments, Capital District, districts and municipalities and their decentralized entities;

d) This law shall also apply to employees of the Departmental Assemblies, District and Municipal Councils and Local Administrative Boards. The exception of this application is those who are employed in the normative support units required by the Deputies and Councilors.

2. The provisions contained in this law shall also apply with an additional character, in the event of a void in the regulations governing them, to the public servants of special races such as:

-Judicial Branch of Public Power.

-Attorney General of the Nation and Ombudsman's Office.

-General Comptroller of the Republic and Territorial Comptroller's.

-Attorney General of the Nation.

-Autonomous University entities.

-Staff governed by diplomatic and consular career.

-The one that teaches teaching staff.

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-The one that regulates the race staff of the Congress of the Republic

PARAGRAFO 2o. As long as the race rules are issued for the Staff of the Territorial Counterparts and for the career employees of the Congress of the Republic, the contained provisions will apply to them. in this law.

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ARTICLE 4. SPECIFIC ADMINISTRATIVE CAREER SYSTEMS.

1. It is understood by specific systems of administrative career those that in reason of the singularity and specialty of the functions that fulfill the entities in which they apply, contain specific regulations for the development and application of the administrative career in terms of income, training, permanence, promotion and retirement of staff, and are enshrined in laws that are different from those that govern the civil service.

2. The following specific administrative career systems are considered:

Editor Notes

-The one that governs for the personnel serving in the Administrative Department of Security (DAS).

-The one that governs for the staff serving in the National Penitentiary and Prison Institute (Inpec).

-The one regulated by the National Tax and Customs Enforcement Unit (DIAN) staff.

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-The one that regulates the scientific and technological personnel of the public entities that make up the National System of Science and Technology.

-The one that governs for the staff who provide their services in the Superintendents.

-The one that regulates the personnel who provide their services in the Administrative Department of the Presidency of the Republic.

-The one that regulates the personnel who provide their services in the Special Administrative Unit of Civil Aeronautics.

-51 of Law 1575 of 2012. The new text is as follows: > The one that regulates the personnel who provide their services to the official fire departments.

Vigency Notes

3. The surveillance of these specific systems corresponds to the National Civil Service Commission.

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PARAGRAFO. While the rules of specific administrative career systems are issued for employees of the National Public Administration's superintendencies, for the scientific and technological staff of the National System of Science and Technology, for the personnel of the Administrative Department of the Presidency of the Republic and for the personnel of the Special Administrative Unit of the Civil Aeronautics the provisions contained in this law.

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CHAPTER II.

CLASSIFICATION OF PUBLIC JOBS.

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ARTICLE 5o. CLASSIFICATION OF JOBS. The jobs of the bodies and entities regulated by this law are of administrative career, with the exception of:

1. Those of popular choice, those of a fixed term, according to the Political Constitution and the law, those of official workers and those whose functions should be exercised in the indigenous communities according to their legislation.

2. The free appointment and removal that correspond to one of the following criteria:

(a) Management, driving and institutional guidance, the exercise of which involves the adoption of policies or guidelines:

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 Under-Secretary-General; Director of Superintendence; Director of Diplomatic Academy; Protocol Director; Commercial Attaché; Administrative Director, Financial, Administrative and Financial, Technical or Operational; Deputy Administrative, Financial, Administrative and Financial Deputy Director, Technical or Operational Manager, Managing Director; Internal Control Chiefs and Disciplinary Internal Control or who makes his or her veces; Head of Office, Heads of Advisory Offices Legal, Planning, Press or Communications; International Negotiator; Petroleum Controller, and Port Captain.

Editor Notes
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In the Special Administrative Unit of Civil Aeronautics, in addition, the following: Attaché for Air Affairs; Airport Administrator; Airport Manager; Regional Aeronautical Director; Air Air Director and Head of Office Aeronautics.

In the Decentralized National Level Administration:

President, Director or General Manager or National; Vice President, Deputy Director or General or National Deputy Manager; Director and Deputy Director of Special Administrative Unit; Superintendent; Superintendent; Chief Executive; Superintendence; Secretary-general; Technical Directors, Deputy Administrative, Financial, Administrative and Financial Director; Regional, Sectional or Local Director or Manager, Regional, Sectional or Local; Head of Hospital Unit; Heads of Offices, Heads of Legal, Planning, Press or Communications Advisory Offices; Heads of Internal control and internal control discipline or who does his or her times; advisors who are assigned to the offices of the Banking Superintendent and the Superintendents Delegates and Heads of Division of the Banking Superintendence of Colombia.

In the Central Administration and Territorial Level Control Bodies:

Secretary General; Secretary and Undersecretary of Office; Veedor Delegate, Veedor Municipal; Director and Deputy Director of Administrative Department; Director and Deputy Executive Director of the Association of Municipalities; Director and Assistant Director of Area Metropolitan; Subcomptroller, Vicecontrollor or Comptroller Auxiliary; Head of Internal Control or who does his or her duties; Heads of Legal, Planning, Press or Communications Advisory Offices; Local Mayor, Corregidor and Delegate.

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In Territorial Level Decentralized Administration:

President; Director or Manager; Vice President; Deputy Director or Deputy Manager; Secretary General; Heads of Legal, Planning, Press or Communications Advisory Offices and Heads of Internal Control and Internal Control or who Do your times;

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(b) Jobs whose exercise involves special confidence, having assigned institutional, care or support advisory functions, which are directly and immediately available to the following officials, provided that such jobs are find attached to their respective dispatches as follows:

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 attached to the command offices, the units and the intelligence and communications partitions, due to the necessary trust intuitu personae required in those who exercise them, given the management that must be given to matters submitted to the exclusive scope of the reserve, public order and national security, Commanders and Second Force Commanders and Chief of the Joint Chiefs of Staff.

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In the Ministry of Foreign Affairs those of the administrative service abroad with different nationality of the Colombian and the support staff abroad.

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In the Congress of the Republic, those provided for in Law 5a. of 1992.

In the Decentralized National Level Administration:

President, Director or General Manager, Superintendent and Director of Special Administrative Unit.

In the Central Administration and Territorial Level Control Bodies:

Governor, Mayor, District, Municipal and Local.

In Territorial Level Decentralized Administration:

President, Director, or Manager;

c) Jobs whose exercise involves the direct management and management of goods, money and/or state securities;

d) Jobs that do not belong to State security agencies, whose functions as escorts, consist of the personal protection and security of public servants.

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e) 1 of Law 1093 of 2006. The new text is as follows: > Jobs that fulfill advisory functions in the Departmental Assemblies and District and Municipal Councils Directives;

Vigency Notes

f) 1 of Law 1093 of 2006. The new text is as follows: > Jobs whose exercise involves special confidence that they have assigned institutional advisory functions, which are attached to the offices of the secretaries of office, of the Directors of the Department Administrative, of the managers, both in the departments, special districts, District Capital and districts and municipalities of special category and first.

Vigency Notes
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ARTICLE 6o. CHANGE OF NATURE OF JOBS. The administrative career employee whose position is declared of free appointment and removal, must be transferred to another career that has related functions and equal pay or higher to those of the employment, if there is a vacancy in the respective staff plant; otherwise, you will continue to hold the same position and retain the rights of career as long as you remain in it.

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When a job of free appointment and removal is classified as an administrative career, it must be provided through a contest.

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TITLE II.

FROM THE NATIONAL COMMISSION OF THE CIVIL SERVICE AND THE MANAGEMENT AND MANAGEMENT BODIES OF PUBLIC EMPLOYMENT AND PUBLIC MANAGEMENT.

CHAPTER I.

OF THE NATIONAL CIVIL SERVICE COMMISSION.

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ARTICLE 7o. NATURE OF THE NATIONAL CIVIL SERVICE COMMISSION. The National Civil Service Commission provided for in Article 130 of the Political Constitution, responsible for administration and monitoring of races, except for special races, is an organ of guarantee and protection of the system of merit in public employment in the terms laid down in this law, of a permanent national level, independent of branches and organs of public authority, with legal personality, autonomy administrative and own heritage.

In order to ensure the full validity of the principle of merit in public administrative career employment, the National Civil Service Commission will act in accordance with the principles of objectivity, independence and impartiality.

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ARTICLE 8o. COMPOSITION OF THE NATIONAL CIVIL SERVICE COMMISSION AND REQUIREMENTS FOR 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 member of the National Civil Service Commission, it is required to be a Colombian by birth, over 35 years, with a university degree in areas related to the functions of the National Commission, graduate and professional experience. accredited in the field of public service or human resources or industrial relations in the public sector, for more than seven (7) years.

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ARTICLE 9o. PROCEDURE FOR THE APPOINTMENT OF MEMBERS OF THE NATIONAL CIVIL SERVICE COMMISSION AND PERFORMANCE PERIOD. The members of the National Civil Service Commission shall be appointed for an institutional period of four (4) years and exclusive dedication. During their period they may not be removed or removed, except for disciplinary punishment or for reaching the age of forced retirement.

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When a member of the Commission is to be replaced, whoever does so as the holder shall do so for the remainder of the replacement period and, in any case, the Commissioners shall not be reeligible for the following period.

The National Civil Service Commission will be formed by public and open competition convened by the National Government and held alternately by the National University and the ESAP. Such a contest may be submitted by all citizens who comply with the requirements set out in Article 8or. of this law.

With candidates who pass the contest, a list of eligible candidates will be established on a strict merit order, which will be valid for four (4) years. The candidate who holds the first post will be appointed by the President of the Republic as a member of the National Civil Service Commission for the respective period. Absolute vacancies will be supplied from the list of eligible under strict merit order for the remaining period.

The competitions for the selection of the members of the National Civil Service Commission will be performed according to the procedure that the regulation establishes for the effect.

You may not be elected a member of the National Civil Service Commission who in the year immediately above has held the appointing faculty in the entities to which this law applies to them; likewise to the members of the Commission the regime of incompatibilities and incompatibilities established in the Constitution and in the law to be the Minister of Dispatch will apply to them.

Three (3) months before the expiration of the period for which each of the members of the Commission was appointed, the President of the Republic shall proceed to the respective designation, for which the procedure laid down in this article.

PARAGRAFO TRANSIENT. To ensure the immediate application of this law, the first three (3) members of the National Civil Service Commission will be designated in accordance with the following procedure:

A list of five (5) candidates appointed by the Ombudsman, five candidates for the Supreme Court of Justice, and five candidates for the most representative agremiation of public and private universities.

In the shaping of these lists it will be taken into account that the candidates accredit the requirements outlined in the article 8or. and observe the provisions of Law 581 of 2000.

With the candidates who integrate the previous lists, a merit contest will be held by the National University or ESAP, which will send the list of approved to the President of the Republic for their designation and corresponding possession, in strict order of merit. This list shall only be used for the designation of the first members of the National Civil Service Commission and to supplement the final vacancies arising from the employment of those members.

In no case may persons be involved in the application and designation of persons within the fourth degree of consanguinity, second of affinity and first civil or legal or who is bound by marriage or permanent union with respect to the candidates.

In order to ensure the functioning of the Commission, the members of the first designation of the National Civil Service Commission will have a period to be decided on the basis of the score obtained in the merit contest: Four (4) years for the highest score, three years for the second score and two years for the third score. The new appointment shall be completed for an institutional period of four (4) years, in accordance with the provisions of this Article.

Editor Notes

For the formation of the Commission, within the month following the validity of this law, the lists of this article will be integrated, so that within the next two (2) months the process of evaluation and appointment of the conformity with the requirements set out in this Article.

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ARTICLE 10. REGIME APPLICABLE TO MEMBERS OF THE NATIONAL CIVIL SERVICE COMMISSION.

(a) The members of the National Civil Service Commission are public employees and will receive, from the budget of that Commission, the salary and benefits corresponding to the employment of the Minister of Office; these jobs will require exclusive dedication and, consequently, its exercise is not compatible with any other professional activity of the public or private sector, except for the forecast contained in Article 19, literal d) of Act 4a. of 1992;

b) Prior to three (3) months at the expiration of the Commissioners ' period, the selection process for the new members shall be carried out, in accordance with the procedure laid down in Article 9or.

Temporary vacancies will be filled by a staff member of the National Civil Service Commission of the highest level considered at the plant and who accredit the requirements to be a member of the Commission. In the case of definitive vacancy, the following shall be appointed from the list of eligible persons for the remainder of the period of the replacement in accordance with the provisions of the second indent of the article ninth of the present.

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ARTICLE 11. DUTIES OF THE NATIONAL CIVIL SERVICE COMMISSION RELATED TO THE RESPONSIBILITY OF ADMINISTRATIVE CAREER ADMINISTRATION. In exercise of the privileges related to the responsibility of the administration of the race The National Civil Service Commission shall perform the following tasks:

a) Establish in accordance with the law and regulations, the general guidelines with which the selection processes will be developed for the provision of the administrative career jobs of the entities to which this law applies;

b) To credit institutions for the conduct of selection processes in accordance with the provisions of the regulation and to establish the fees to contract the contests, in accordance with the provisions of the article 30 of this law;

c) Develop the calls for competition for the performance of public career jobs, in accordance with the terms and conditions laid down in this law and the regulation;

d) Establish the tools necessary for the application of the standards on performance evaluation of administrative career employees;

e) Conforming, organizing and managing the National Bank of Eligible Lists; the Data Bank of former employees with career rights whose charges have been deleted and which have chosen to be incorporated and, the Bank of Data of employees of career displaced for reasons of violence;

(f) To issue to the entities, either on their own initiative or at the request of the respective nominators, the lists of persons with whom the employment of administrative career positions should be provided, in accordance with the information to be reposed in the Data Banks referred to in the preceding literal;

g) Manage, organize and update the public register of registered employees in administrative career and issue the corresponding certifications;

h) Exorder instructive circulars for the correct application of the rules governing the administrative career;

i) Making the selection processes for income from public employment through public or private universities or higher education institutions, which is contracted for that purpose;

j) Develop and disseminate studies on general or specific aspects of public employment management in relation to income, career development and performance evaluation;

k) Absolve the queries that are issued to you in matters of administrative career.

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PARAGRAFO. The National Eligible List Bank referred to in this article will be departmentalized and must be exhausted by first listing the department where the vacancy is located.

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ARTICLE 12. DUTIES OF THE NATIONAL CIVIL SERVICE COMMISSION RELATING TO THE MONITORING OF THE APPLICATION OF THE RULES ON ADMINISTRATIVE CAREER. The National Commission of the Civil Service in the exercise of the surveillance functions shall comply with the following attributions:

(a) Once the calls for tenders have been published, the Commission may at any time, on its own initiative or at the request of a party, bring forward actions for the verification and control of the management of the processes in order to observe their suitability or not the principle of merit; and, if necessary, to suspend the respective process, by means of a reasoned decision;

(b) to leave without full or partial effect the selection processes when the occurrence of irregularities is established, provided that there have been no administrative acts of particular and specific content related to the rights of the race, unless the irregularity is attributable to the selected within the contested selection process;

c) Receiving written complaints, complaints and petitions, filed through the means authorized by law and, by virtue of them or officiously, to conduct investigations for violation of the standards of career that it deems necessary and resolve them by observing the principles of speed, effectiveness, economy and impartiality. Any decision taken by the Commission shall be reasoned and the replacement action shall be taken against them;

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d) Resolve at second instance claims that are subject to their knowledge in matters of their competence;

e) To know of claims about registrations in the Register of Public Employees, of the administrative career employees to whom this law applies to them;

f) Vellar by the correct application of career employee performance assessment procedures;

g) To bring to the attention of the competent authorities the facts of violation of the rules of the race, for the purpose of establishing the disciplinary, fiscal and penal responsibilities to which there is a place;

h) Take the necessary measures and actions to ensure the correct application of the principles of merit and equality in the income and career development of public employees, as provided for in this law;

i) Submit a report to the Congress of the Republic within the first 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 the principle of merit at the various levels of the Public Administration under its competence.

PARAGRAFO 1o. For the correct exercise of its powers in this field, the National Civil Service Commission will be in regular contact with the personnel units of the different public entities that exercise their functions in accordance with the provisions of this law.

PARAGRAFO 2o. The National Civil Service Commission will be able to impose fine penalties on the public servants of the national and territorial entities, prior to due process, when the violation is verified. rules of administrative career or the failure to comply with the orders and instructions given by it. The fine must observe the principle of graduality according to the regulation issued by the National Commission of the Civil Service, whose minima will be five (5) minimum legal salaries in force and maximum 25 (25) minimum legal salaries. in effect.

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ARTICLE 13. ORGANISATION AND STRUCTURE OF THE NATIONAL CIVIL SERVICE COMMISSION.

1. The National Civil Service Commission will adopt its rules of organization and operation, which will be published in the Official Journal.

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2. The National Commission of the Civil Service in full room shall appoint within its members a President, for annual periods, who shall exercise the legal representation of the same.

3. The National Civil Service Commission shall always adopt its decisions in plenary session and shall meet at the request of its President at a minimum of two (2) days per week, sessions to which he may invite the persons who may be contributions in the respective deliberations.

4. The National Civil Service Commission will determine its structure and establish the personnel plant it requires for the performance of its functions, based on the principles of economy and efficiency.

5. The Ministry of Finance and Public Credit will advance the necessary transfers or budgetary additions to guarantee the implementation of the National Civil Service Commission, in accordance with the principles of economy and efficiency that must inspire control of public spending.

6. The National Commission of the Civil Service, for reasons of urgency or special need, may ask any agency or entity of the Executive Branch of the national order to carry out certain activities that do not involve any impairment of its independence and impartiality, or, where appropriate, request that employees be temporarily commissioned, who during the period of the administrative situation will be functionally dependent on the Commission.

7. The headquarters of the National Civil Service Commission will be the city of Bogota, D.C.

8. The heritage of the National Civil Service Commission will be formed:

(a) For contributions from the national budget and for which it receives any title from the Nation or any other state entity;

b) For the production of the disposal of their property and for donations from natural or legal persons, national or foreign;

c) For the other income and assets that you acquire for any title.

PARAGRAFO. For exclusively tax purposes the National Civil Service Commission shall have a public establishment regime of the national order, and, consequently, shall not be subject to income tax and complementary.

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CHAPTER II.

GOVERNING BODIES AND MANAGEMENT OF PUBLIC EMPLOYMENT AND PUBLIC MANAGEMENT.

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ARTICLE 14. THE ADMINISTRATIVE DEPARTMENT OF THE CIVIL SERVICE. The Administrative Department of the Civil Service is responsible for bringing forward the following functions:

(a) Under the guidance of the President of the Republic it is the formulation of the policy, planning and coordination of the human resource in the service of the Public Administration at national and territorial level;

b) Develop and propose to the National Government the day before bills and draft regulatory decrees in the field of public service;

(c) To establish, in agreement with the President of the Republic and the National Planning Department, the policies on the administrative organization of the State, aimed at the functionality and modernization of the administrative structures and the organic statutes of public entities in the national order;

d) Develop and approve the Annual Job Plan for vacancies in accordance with the data provided by the different entities and transfer it to the National Civil Service Commission;

e) Promote, coordinate and, where appropriate, execute plans, measures and activities aimed at improving performance in public service, training and promotion of public employees;

(f) Vellar for compliance and enforcement by the personnel units of the general rules on public employment, without prejudice to the privileges conferred on the National Civil Service Commission;

g) To establish, in agreement with the President of the Republic, the policies of the management of the human resource at the service of the State in the Executive Branch of the Public Power within the framework of the Constitution and the law, regarding the following matters: Human resource planning, linking and retirement, social welfare and incentives to staff, wage and loan system, nomenclature and classification of jobs, manual of functions and requirements, staff plants and industrial relations;

h) Define the general policies of training and training of human talent at the service of the State in the Executive Branch of the Public Power and advise and support technically the different personnel units in these matters;

i) Designing and managing information systems in the field of public employment, in coordination with the personnel units of public entities and with the National Commission of the Civil Service in relation to the Public Registry of Career;

j) Advise the Executive Branch of all orders and, in particular, municipalities in matters related to the management and development of human talent;

k) Formulate strategic plans for human resources and basic lines for implementation by the Executive Branch agencies and entities;

l) Develop in coordination with the Ministry of Finance and Public Credit the structure of public employment that allows the application of the rules of public service;

m) Vellar for the prestige of the Government as an employer;

n) Determine the parameters from which entities at the national and territorial level will develop the respective functions and requirements manuals and selectively track their compliance with national level entities;

o) Formulate the National Training and Training Plan;

p) Support the National Civil Service Commission, when required, in the performance of its duties;

q) The others who assign the law to you.

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ARTICLE 15. THE STAFF UNITS OF THE ENTITIES.

1. The units of personnel or those who do their times, of the agencies and entities to whom this law applies, are the basic structure of the management of human resources in public administration.

2. These will be specific functions of these personnel units, the following:

a) Develop the strategic human resources plans;

b) Develop the annual vacancy plan and refer it to the Administrative Department of the Civil Service, information that will be used for the planning of the human resource and policy formulation;

c) Develop the project of staff plants, as well as the manuals of functions and requirements, in accordance with the current rules, for which they can count on the advice of the Administrative Department of the Civil Service, universities public or private, or specialised firms or professionals in public administration;

d) Determine the profiles of the jobs to be provided by merit selection process;

e) Designing and administering training and training programs, as provided for in the law and in the National Training and Training Plan;

f) Organize and administer a systematized registry of the human resources of its entity, which allows the formulation of internal programs and decision-making. This information will be administered in accordance with the guidelines and requirements of the Administrative Department of the Civil Service;

g) Implement the performance assessment system within each entity, in accordance with the existing rules and procedures established by the National Civil Service Commission;

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h) All others that are attributed to you by law, regulation, or the manual of functions.

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ARTICLE 16. THE STAFF COMMISSIONS.

1. In all the bodies and entities governed by this law, there shall be a Staff Committee, consisting of two (2) representatives of the entity or body designated by the nominee or by whom he/she makes his/her times and two (2) representatives of the employees who must be of administrative career and elected by direct vote of the employees. In the same way, Personnel Commissions will be integrated into each of the regional or sectional dependencies of the entities.

The Commission's decisions will be taken by an absolute majority. In case of a tie the vote will be repeated again and in case of persisting, this one will be directed by the Head of Internal Control of the respective entity.

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This Commission 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 who does his or her times, who shall be the secretary of the entity and shall carry in strict order and The Minutes of the meetings are rigorous.

The Commission will elect a president from its bosom.

2. In addition to those assigned in other rules, the Staff Commissions shall perform the following tasks:

a) Velar because the selection processes for the provision of jobs and performance evaluation are carried out in accordance with the legal and regulatory norms and procedures and with the guidelines outlined by the Commission National of the Civil Service. The tasks referred to above shall be carried out without prejudice to the powers of the National Civil Service Commission. For this purpose, the Staff Committee shall draw up the reports and attend to the requests it requires;

b) Solve complaints that are attributed to them in the process of selection and evaluation of performance and are assigned to them by the special procedure;

c) To request the National Civil Service Commission to exclude the list of eligible persons from persons who have been included without meeting the requirements of the respective calls, or in violation of laws or regulations which regulate the administrative career. If the request is not addressed, they must inform the National Civil Service Commission of this situation to take appropriate action;

(d) To know, in the first instance, of the claims made by the employees of the career who have opted for the preferential right to be linked, when their jobs are eliminated, because their rights have been infringed;

e) Knowing, in the first instance, the claims made by employees for the effects of the additions to the new plant of the entity or for the improvement of their working conditions or the orders;

f) Velar because the jobs are provided in the order of priority established in the legal norms and because the lists of eligible are used within the principles of economy, speed and efficiency of the administrative function;

g) Velar because in the selection processes the principles and rules provided for in this law are adhered to;

h) Participate in the elaboration of the annual training and training plan and in the stimulus plan and in its follow-up;

i) Propose in the respective entity the formulation of programs for the diagnosis and measurement of the organizational climate;

j) Other functions that are attributed to you by law or regulation.

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3. The Staff Commissions of the public entities must inform the National Civil Service Commission of all the incidents that occur in the selection, performance evaluation and the orders. On a quarterly basis, they will send the National Civil Service Commission a detailed report of their actions and the performance of their duties. At any time, the National Civil Service Commission will be able to take on the knowledge of the issues or send a delegate of its own to produce a report on the matter and to adopt the appropriate decisions.

PARAGRAFO. For the purpose of serving as a concertation scenario between the employees and the administration, there will be Commissions of Municipal, District, Department, and National Personnel, whose conformation and functions will be determined by the regulation, which for the purpose will be issued by the National Civil Service Commission.

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CHAPTER III.

PUBLIC EMPLOYMENT MANAGEMENT INSTRUMENTS.

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ARTICLE 17. JOB PLANS AND PLANTS.

1. All units of staff or those who make their own times of the bodies or entities to which this law applies shall draw up and update annual plans for the provision of human resources which have the following scope:

(a) Calculation of the necessary jobs, in accordance with the professional requirements and profiles set out in the specific manual of functions, in order to meet the present and future needs arising from the exercise of their competencies;

b) Identification of ways to meet quantitative and qualitative staffing needs for the annual period, considering income, promotion, training and training measures;

c) Estimate of all personnel costs arising from the above measures and the assurance of their funding with the allocated budget.

2. All entities and bodies to which this law applies shall keep the overall employment plants necessary for the efficient performance of the duties in their capacity up to date, for which they shall take account of the rationalisation of expenditure. The Administrative Department of the Civil Service may request the information it requires for the formulation of policies on the administration of the human resource.

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ARTICLE 18. GENERAL ADMINISTRATIVE INFORMATION SYSTEM.

1. The General System of Public Sector Administrative Information is an instrument that allows policy formulation to ensure the planning, development and management of the Civil Service.

2. The General System of Administrative Information shall cover all the agencies and entities of the three branches of the Public Power, control bodies, electoral organization and autonomous organizations in the national, departmental, district and national orders. municipal.

3. The General System of Administrative Information shall be composed, inter alia, of the subsystems of institutional organization, human resource management, and budget applied to human resources; the aspects of these subsystems shall not be referred to in this law shall be determined in the regulations that the National Government shall issue for the purpose.

4. The design, direction and implementation of the General System of Administrative Information will be the responsibility of the Administrative Department of the Civil Service, who will ensure its proper coordination with the competent agencies in the information, and in particular with the financial information system of the Ministry of Finance and Public Credit.

5. The institutional organisation subsystem shall contain information relating to the data identifying and characterising public sector entities and bodies, rules of creation, statutes, structures, staff plants, systems of classification of jobs, remuneration and loan schemes.

6. The Human Resources Subsystem shall contain information on the number of public jobs, official workers and contractors for the provision of services; the news of their income and retirement; membership of the general administrative career or a specific or special system and information on social welfare and training schemes.

7. The human resources budget subsystem will be the responsibility of the Ministry of Finance and Public Credit in coordination with the Administrative Department of the Civil Service and its content will be determined by regulation.

8. Institutions shall be required to provide the information required by the system in the terms and dates set out in the Regulation.

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TITLE III.

PUBLIC EMPLOYMENT STRUCTURE.

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ARTICLE 19. PUBLIC EMPLOYMENT.

1. Public employment is the basic core of the structure of the public function that is the subject of this law. Employment is defined as the set of tasks, tasks and responsibilities assigned to a person and the competencies required to carry them out, in order to satisfy the fulfilment of the development plans and the aims of the Status.

2. The design of each job must contain:

(a) The description of the functional content of the employment, in such a way as to make it possible to clearly identify the responsibilities that may be required of the holder;

b) The skills profile required to fill employment, including study and experience requirements, as well as the other conditions for access to the service. In any case, the elements of the profile must be consistent with the functional requirements of the content of the job;

(c) The duration of employment provided that they are temporary jobs.

PARAGRAFO. The Higher School of Public Administration, ESAP, will lead the studies and concertation tables for identification, occupational characterization and determination of the requirements and procedures of accreditation, supported by recognised methodologies. The results of these will allow the National Government to establish the requirements for academic and occupational training of the positions. The National Government shall designate the body responsible for the standardisation, accreditation and certification of labour skills in the public sector.

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ARTICLE 20. FUNCTIONAL JOBS TABLES. Functional tables are groups of similar jobs in terms of the general nature of their functions, their responsibilities and which require common knowledge and/or competencies.

1. Public employment may be grouped into functional jobs in order to optimise the management of the human resources of each entity.

2. Access, promotion, the remuneration system and the training of public career employees may be carried out, if any, in the functional table of jobs.

3. Functional employment tables may cover the employment of one or more other bodies, depending on the requirements for their performance.

4. By decree, the system of functional work tables applicable to the entire administration and, where appropriate, the organic dependence thereof shall be regulated.

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ARTICLE 21. TEMPORARY JOBS.

1. In accordance with their needs, the bodies and entities to which this Law applies may exceptionally provide temporary or temporary employment in their staff plants. Your creation must respond to one of the following conditions:

a) Fulfill functions that are not performed by plant personnel for not being part of the administration's permanent activities;

b) Develop programs or projects for a given duration;

c) Substitute staffing needs for work overload, determined by exceptional facts;

d) Develop consultancy and institutional advisory tasks of total duration, not exceeding twelve (12) months and which are directly related to the object and nature of the institution.

2. The justification for the creation of temporary jobs must contain the technical motivation for each case, as well as the appropriation and budgetary availability to cover the payment of wages and social benefits.

3. The entry to these jobs will be made on the basis of the lists of eligible persons in force for the provision of permanent jobs, without these appointments resulting in the withdrawal of such lists. If the lists are not possible, a process of evaluating the skills and competencies of the candidates will be carried out.

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ARTICLE 22. WORK-TIME PLANNING.

1. The exercise of the job functions, whatever the form of linkage with the administration, will be developed under the following modalities:

a) Full time jobs, as a rule of thumb;

b) part-time or part-time jobs by exception by consulting the needs of each entity.

2. In the staff plants of the various agencies and entities to which this law applies, it will be determined which jobs correspond to full-time, part-time and which at half-time, according to the working day established in the Decree-law 1042 of 1978 or in which it amends or replaces it.

TITLE IV.

INCOME AND PROMOTION TO PUBLIC EMPLOYMENT.

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ARTICLE 23. APPOINTMENTS CLASSES. The appointments shall be ordinary, in the trial period or on the rise, without prejudice to the provisions of the rules on special races.

Jobs of free appointment and removal shall be provided by ordinary appointment, subject to compliance with the requirements for the performance of employment and the procedure laid down in this law.

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Administrative career jobs will be provided in a trial period or up to date with people who have been selected through the merit system, as set out in Title V law.

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ARTICLE 24. the meantime, the selection process to provide administrative career jobs, and once the respective contest is convened, the career employees will have the right to be in charge of such jobs if they credit the requirements for their exercise, they possess the skills and abilities for their performance, they have not been disciplined in the last year and their last evaluation of the performance is outstanding. The term of this situation shall not exceed six (6) months.

The order must be placed on an employee who is in the immediate job of performing the lower employment that exists in the staff plant of the entity, as long as it meets the conditions and requirements laid down in the standard. If they are not accredited, the employee must be instructed to carry out the charge immediately below and so on.

Jobs of free appointment and removal in case of temporary or permanent vacancy may be provided through the assignment of career or free appointment and removal employees, who meet the requirements and profile for their performance. In case of definitive vacancy the order will be until for the term of three (3) months, which the employment must be provided definitively.

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ARTICLE 25. PROVISION OF JOBS FOR TEMPORARY VACANCY. Career jobs whose holders are in administrative situations involving temporary separation of the same shall be provided on a provisional basis only for the duration of their employment. those situations, when it is not possible to provide them by order with public career servers.

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ARTICLE 26. COMMISSION TO PERFORM FREE APPOINTMENT AND REMOVAL OR PERIOD JOBS. Career employees with outstanding performance evaluation, will be entitled to be granted commission up to three (3) years, in periods of time. continuous or discontinuous, and may be extended by an equal term, to carry out free appointment and removal jobs or the corresponding term in the case of period employment, for which they have been appointed or elected in the same entity to which they are linked or in another. In any case, the commission or the sum of them shall not be more than six (6) years, so that they shall be automatically disengaged from the position of administrative career.

The term for which the commission was awarded, the extension of its extension or when the employee resigns from the post of free appointment and removal or is removed from the post before the expiry of the term of the commission, shall assume the employment in respect of which he holds career rights. If the above does not comply, the entity will declare the vacancy of the entity and provide it definitively. The National Civil Service Commission will be informed of these developments.

In these same terms, commission may be granted to perform free appointment and removal or period jobs for career employees who obtain satisfactory performance evaluation.

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TITLE V.

INCOME AND PROMOTION TO CAREER JOBS.

CHAPTER I.

SELECTION PROCESSES OR CONTESTS.

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ARTICLE 27. ADMINISTRATIVE CAREER. The administrative career is a technical system of personnel management that aims to ensure the efficiency of public administration and to offer; stability and equal opportunities for access and promotion to the public service. In order to achieve this goal, income and permanence in administrative career jobs will be done exclusively on the basis of merit, through selection processes in which transparency and objectivity are guaranteed, without discrimination. some.

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ARTICLE 28. PRINCIPLES THAT GUIDE INCOME AND PROMOTION TO PUBLIC ADMINISTRATIVE CAREER JOBS. The execution of selection processes for income and promotion to public administrative career jobs, will be developed according to the following principles:

a) Merit. Principle according to which the income to the posts of administrative career, the ascent and the permanence in them will be determined by the permanent demonstration of the academic qualities, the experience and the competences required for the job performance;

b) Free concurrence and equality in income. All citizens who demonstrate the requirements identified in the calls may participate in the competitions without discrimination of any kind;

c) Advertising. The effective dissemination of the calls is understood to be in a position to be known to all potential candidates;

d) Transparency in the management of selection processes and in the selection of jury and technical bodies in charge of selection;

e) Specialization of the technical bodies responsible for executing the selection processes;

(f) A guarantee of impartiality of the bodies responsible for managing and carrying out the selection procedures and, in particular, of each of the members responsible for implementing them;

g) Reliability and validity of the instruments used to verify the ability and competencies of applicants to access public career jobs;

h) Effectiveness in selection processes to ensure the adequacy of selected candidates to the job profile;

i) Efficiency in the selection process, without prejudice to the respect of each and every guarantee to be surrounded by the selection process.

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ARTICLE 29. CONTESTS. Contests for income and promotion to public administrative career jobs will be open for all individuals who credit the requirements for their performance.

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ARTICLE 30. COMPETITION TO ADVANCE THE COMPETITIONS. The competitions or selection processes will be advanced by the National Commission of the Civil Service, through contracts or interadministrative agreements, signed with public or private universities or institutions of higher education accredited by her for this purpose. The costs incurred by the conduct of the contests shall be charged to the budgets of the entities that require the provision of charges.

The agreements or contracts will be subscribed in preference, with the accredited entities having jurisdiction in the department or municipality in which the entity is located for which the contest is held.

The Commission will demonstrate how suitable entities to advance competitions to public and private universities and higher education institutions that request it and demonstrate their technical competence in selection processes, experience in the area of personnel selection, as well as logistic capacity for the development of competitions. The accreditation procedure will be defined by the National Civil Service Commission.

Entities using the eligible lists as a result of the contests advanced by the National Civil Service Commission shall bear the costs determined by the Commission.

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ARTICLE 31. STAGES OF THE SELECTION OR CONTEST PROCESS. The selection process comprises:

1. Call. The call, which must be signed by the National Commission of the Civil Service, the Head of the entity or agency, is the norm of all contest and compels both the administration and the contracting entities for the realization of the contest and the participants.

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2. Recruitment. This stage aims to attract and register the largest number of applicants who qualify for the job performance of the contest.

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3. Testing. The purpose of the selection tests or instruments is to assess the capacity, suitability and suitability of the applicants for the different jobs to be called, as well as to establish a classification of the candidates with regard to the qualities required to effectively perform the functions of a job or functional job table.

The assessment of these factors will be carried out through technical means, which must meet criteria of objectivity and impartiality.

The tests applied or used in the selection processes are reserved, they will only be of knowledge of the persons indicated by the National Commission of the Civil Service in the development of the processes of reclamation.

14. The original text of article 10 of Law 1033 of 2006, states:

" ARTICLE 10. When the National Commission of the Civil Service provides in the selection processes the application of the general basic test of preselection referred to in article 24 of Law 443 of 1998 and the latter has the character of an enabling person, shall not be required of employees who are linked to the Public Administration, by means of provisional or career appointment, at an advance not less than six (6) months from the date of validity of the present the law, which are registered or which have been registered to participate in the respective contest in a job belonging to the same hierarchical level of office as they are performing.

" The experience of aspirants should be evaluated as further evidence within the process, to which greater value should be assigned to the experience related to the functions of the office for which they aspire.

" In order to comply with the provisions of the previous incisements, the National Commission of the Civil Service is empowered to make adjustments and adjustments within the fifteen (15) calendar days following the issuance of this law. modifications that are required in the administrative processes and in the calls that are in progress for the entry into force of this.

" Enable in General Administrative Career, Special or Specific as appropriate to those who have performed and exceeded the respective selection process by merit according to the regulations in force at the date of the call for which has been involved. The National Civil Service Commission will issue the pronouncements to be made in each case.

" PARAGRAFO. In order to ensure the timely implementation of the selection process for the provision of career jobs, the National Civil Service Commission will bring forward Phase I, General Basic Test of Convocation of Call number 001-2005, to through the Higher School of Public Administration-ESAP, with the support of the ICFES and the technological support of the University of Pamplona.

" The ESAP will assume up to fifty percent (50%) of the value of the design, construction and application of the General Basic Test of Preselection from the budget of the fiscal year 2006, for which it will have the resources allocated to the application of Law 909 of 2004 and the remaining value from the budget of the CNSC. ">

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4. Lists of eligible. With the results of the tests the National Commission of the Civil Service or the contracted entity, by delegation of that, will produce in strict order of merit the list of eligible that will have a validity of two (2) years. With this and in strict order of merit will cover the vacancies for which the contest was held.

Editor Notes

14 of Law 1033 of 2006 >

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5. Test period. The person not registered in the administrative career who has been selected by contest will be appointed in the trial period, for the term of six (6) months, at the end of which the performance will be evaluated, according to the plan rules.

Approved this period when obtaining satisfactory evaluation the employee acquires the rights of the race, which must be declared by the registration in the Public Registry of the Administrative Race. Failure to obtain satisfactory qualification from the probationary period, the appointment of the employee shall be declared insistently.

The employee registered in the Public Registry of Administrative Career who exceeds a contest will be appointed in the trial period, at the end of which will be updated his registration in the Public Registry, if he obtains satisfactory qualification in the evaluation of work performance. Otherwise, you will return to the job you were performing before the contest and retain your registration in the administrative race. While the qualification of the probationary period occurs, the position of which the promoted employee was holder may be provided on request or by way of provisional appointment.

PARAGRAFO. The general parameters for determining and applying the selection instruments to be used in the contests are set out in the regulation.

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ARTICLE 32. COMPLAINTS. The complaints submitted by the interested parties and the other administrative actions of the National Civil Service Commission, the Units and the Commissions of Personnel and the authorities to comply with the provisions of these bodies shall be subject to the special procedure which is legally adopted.

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ARTICLE 33. ADVERTISING MECHANISMS. The advertising of the calls shall be carried out by each entity through the means that guarantee their knowledge and allow the free competition, in accordance with the provisions of the regulation.

The website of each public entity, the Administrative Department of the Civil Service and the entities contracted for the conduct of the competitions, complemented by the electronic mail and the digital signature, will be the preferred means of publication of all acts, decisions and actions related to competitions, receipt of entries, resources, complaints and inquiries.

The National Civil Service Commission will publish on its website the information regarding the calls, list of eligible and Public Career Registry.

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CHAPTER II.

FROM THE PUBLIC ADMINISTRATIVE RACE RECORD.

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ARTICLE 34. PUBLIC REGISTER OF ADMINISTRATIVE CAREER. The Public Registry of the Administrative Race shall be made up of all employees currently registered or to be registered, with the data established by the regulation. The control, administration, organization and updating of this Public Registry will be the responsibility of the National Civil Service Commission, for which it can count on the technical, instrumental and logistical support of the Administrative Department of the Public Function.

The National Civil Service Commission will be able to fulfill these functions by means of delegates of its own, under its direction and guidance.

PARAGRAFO 1o. Haran part of the Public Administrative Career Registry, in special chapters, records that refer to employees belonging to the specific legal creation career systems.

PARAGRAFO 2o. The Public Registry of Administrative Career will be integrated into the unified system of personnel information in the terms that the regulation establishes and for the purposes of its data being used for the planning and management of public sector human resources.

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ARTICLE 35. NOTIFICATION OF REGISTRATION AND UPDATING IN CAREER. The notification of registration and updating in the administrative career will be met with the annotation in the Public Registry.

The decision of the National Civil Service Commission to deny the registration or update in the Public Registry of Administrative Race will be made by means of a reasoned decision, which will be notified personally to the interested party, agreement with the procedure laid down in the Administrative Contentious Code.

Against the foregoing decisions, the replacement resource, which shall be brought, shall be filed, shall be processed and decided in accordance with the provisions of the said Code.

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TITLE VI.

TRAINING AND PERFORMANCE EVALUATION.

CHAPTER I.

THE TRAINING OF PUBLIC EMPLOYEES.

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ARTICLE 36. TRAINING OBJECTIVES.

1. The training and training of public employees is geared to the development of their skills, skills, abilities, values and fundamental competencies, with a view to promoting their personal, group and organizational effectiveness, so that they can enable the professional development of employees and improvement in the provision of services.

2. Within the policy established by the Administrative Department of the Civil Service, the personnel units will formulate the training plans and programs to achieve those objectives, in accordance with the established norms and having in counts the results of the performance evaluation.

3. The training and training programs of the territorial public entities may be designed, approved and evaluated by the ESAP, according to the request made by the respective institution. If there is no possibility that the institutions or the ESAP can impart the training, they may be able to do so by external entities duly accredited by the latter.

PARAGRAFO. For the purpose of raising the levels of efficiency, satisfaction and development of employees in the performance of their work and contributing to the effective fulfillment of institutional outcomes, entities they must implement welfare and incentive programmes, in accordance with the current rules and those developed by this Law.

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GEOLOGIC Resolution 158 of 2013

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