Act 1033 2006

Original Language Title: LEY 1033 de 2006

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ACT 1033 2006
(July 18)
Official Gazette No. 46334 of July 19, 2006 CONGRESS OF THE REPUBLIC

Whereby the Special Administrative Career Public Employees for establishing non-uniformed service of the Ministry of National Defense of the Armed Forces, the National Police and its decentralized, assigned and linked to the defense sector entities, repealing and amending some provisions of Law 909 of 2004 and some powers are granted in accordance with paragraph 10 of Article 150 of the Constitution Politics.

THE CONGRESS OF THE REPUBLIC DECREES:
ARTICLE 1o. Establish a Special Career regime for civilian government employees plainclothes Ministry of National Defense, decentralized, affiliated and related entities, the Armed Forces and the National Police. Effective Jurisprudence

Article 2.
. In accordance with the provisions of section 10 of article 150 of the Constitution, revístese the President of the Republic of specific extraordinary powers so that, within six (6) months from the publication of this law, issue rules with the force of law containing special career system of the Defense Sector for entry, tenure, promotion, training, incentives, performance evaluation and removal of civilians uniformed service of the Ministry of National Defense public employees, decentralized, affiliated and related entities, the Armed Forces and the National Police, and establish all the features and provisions falling within the competence of the law concerning your personal regime. Effective Jurisprudence



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Concordant
ARTICLE 3. In accordance with the provisions of section 10 of article 150 of the Constitution, revístese the President of the Republic of specific extraordinary powers so that, within six (6) months from the publication of this law, issue rules with the force of law to amend and determine the naming system and job classification of the entities that make up the defense sector. Effective Jurisprudence



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ARTICLE 4. For linking civil non-uniformed personnel of the Ministry of National Defense, decentralized, affiliated and related entities, the Armed Forces and National Police, must conduct a safety study of a confidential nature, aspiring to positions, which it should be favorable to access them. Effective Jurisprudence


The provisions of this article shall not apply to the linking of the Minister of National, Vice Defense and Secretary General. Effective Jurisprudence


PARÁGRAFO. The call to provide jobs career civil non-uniformed personnel of the Ministry of National Defense, decentralized, affiliated or related entities, the Armed Forces and the National Police vacancies are or are provided on request or provisional appointments must be made within following the entry into force of Decrees develop extraordinary powers contained in this Act year. Jurisprudence

Concordant
The 5th ITEM. While the decrees with the force of law to develop extraordinary powers vested in the President of the Republic in this law, the Defense Sector charges continue to be occupied by officials provisional and vacant positions can be filled on an interim basis are issued.

ARTICLE 6o. The powers of the present law shall be exercised subject to the following parameters:
a) The modernization, modernization, effectiveness and efficiency of the agencies and departments that make up the defense sector, will be the principles to be followed to improve the competitiveness of civilian public servants, and increase the operability of the military and police units; Effective Jurisprudence


B) Unify the personnel management regime that applies to civilian personnel attached to agencies and units of the defense sector;
C) To preserve and respect the civilians serving the defense sector, all rights, guarantees, privileges, services and benefits acquired or established pursuant to statutory provisions prior to the date hereof; Effective Jurisprudence



D) adopt, in accordance with the constitutional and legal provisions, special protection mechanisms to motherhood, public servants displaced because of violence, mothers or fathers householders and officials who have physical disabilities , psychic or sensory, in order to provide a job befitting their status without degrading working conditions covered by the law 909 of 2004;
E) it can not be seen as grounds for removal from service of civilian personnel derivative of discretion for career positions;
F) Admission to the special career and promotion within it, will be made by crediting merits through mechanisms such as written tests, oral, psycho, course - competition and / or other technical means to ensure objectivity and impartiality, with parameters predetermined rating. In any event history analysis tests be carried out and where applicable performance tests as determined by the regulations to be issued; Effective Jurisprudence


G) To modify and determine the system of nomenclature and classification of jobs, the duties and requirements of the jobs of the entities that make up the defense sector, to the needs of the service will be adapted.

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ARTICLE 7. Comply an advisory and monitoring the development of the extraordinary powers granted to the national government by this law commission. The Parliamentary Committee shall be composed of three senators and three representatives appointed by the directives of the Senate and House tables. Representing the Government will assist the Minister of Defense and the Director of the Administrative Department of Public Service.
The monitoring committee will meet President convocator ia the same, chosen by Senators and Representatives members of the Commission after.

Article 8. Authorize the National Civil Service Commission for developing the provisions of this law make the respective adjustments and modifications to Call 001 2005 National Civil Service Commission. Effective Jurisprudence


Article 9. In order to finance the costs that involves conducting the selection process for the provision of jobs in the race to convene the National Civil Service Commission and the special of the defense sector, the National Civil Service Commission charged to applicants such as rights of participation therein, an amount equivalent to a daily minimum wage for the jobs belonging to the technical and healthcare levels, and a day and a half of legal minimum daily wage for the jobs belonging to other levels. The collection will the National Civil Service Commission or who is delegated.
If the value of the collection is insufficient to meet the costs generated by the selection process, the shortfall will be covered by the respective entity required to provide office.
PARÁGRAFO. People who have paid the registration fee to participate in group two of the Call 001 2005 conducted by the National Civil Service Commission shall be entitled to participate in the selection processes that are ahead in compliance with the special rules career dispatched developing the powers conferred by this law, without their having to disenroll again. People who register for the first time must pay registration fees established for the effect. Effective Jurisprudence

ARTICLE 10.

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PARÁGRAFO. In order to ensure the timely implementation of the selection process for the provision of career employees, the National Civil Service Commission advance Phase I, General Basic Test preselection Call number 001-2005, through the School Public-ESAP Administration, with the support of ICFES and the technological support of the University of Pamplona.
The ESAP will take up to fifty percent (50%) of the value of design, construction and implementation of the Basic General Screening Test from the budget of the fiscal year 2006, for which available resources allocated to the application of Law 909 of 2004 and the remaining amount from the budget of the CNSC. Effective Jurisprudence



ARTICLE 11. Exclude the call number 2005 001 the CNSC, jobs Social State Enterprises (ESE) that are currently in restructuring; for this purpose the Ministry of Social Protection must inform the National Civil Service Commission, CNSC, within a period of 30 calendar days entities that are in the situation referred to in this Article.
The jobs that are excluded from the call number 001/2005 pursuant to this article shall be convened no later than within two (2) years following the completion of the restructuring process. Effective Jurisprudence


ARTICLE 12. The National Civil Service Commission will pay quarterly report on all activities at the Seventh Commissions Congress. Report to be supported by its chairman within the respective Commission.

ARTICLE 13. In order to ensure the completion of calls for the provision of temporary jobs General Specific Systems System and Administrative Career, prorróguese the period of the current members of the National Civil Service Commission - CNSC, for a period of 24 months. Effective Jurisprudence


ARTICLE 14. This law governs from its publication and repeals the 5th and 6th paragraphs of paragraph a) of paragraph 1 of Article 3, the clause 2 of paragraph 4 of Article 31, paragraph of Article 55 and modifies paragraph 3 of Article 31 of Law 909 of 2004. Effective Jurisprudence


The President of the honorable Senate,
CLAUDIA BLUM Barberi.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD,
The President of the honorable House of Representatives
GALLARDO JULIO E. ARCHBOLD.
The Secretary General of the honorable House of Representatives, ANGELINO
LIZCANO RIVERA.
Republic of Colombia - National Government
published and execute.
Given in Bogota., DC, on July 18, 2006.

The Alvaro Uribe Minister of National Defense, Camilo Ospina Bernal
.
The Director of the Administrative Department of Public Service,
FERNANDO GRILLO RUBIANO.


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