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Act 1033 2006

Original Language Title: LEY 1033 de 2006

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1033 of 2006

(July 18)

Official Journal No. 46.334 of 19 July 2006

CONGRESS OF THE REPUBLIC

For which the Special Administrative Race is established for non-uniformed Public Employees at the service of the Ministry of National Defense, the Military Forces, the National Police and its entities. Decentralized, assigned and related to the Defense sector, will be repealed and modify provisions of Law 909 of 2004 and are granted powers according to the numeral 10 of the article 150 of the Political Constitution.

THE CONGRESS OF THE REPUBLIC

DECRETA:

ARTICLE 1o. Set up a Special Career regime for non-uniformed civil public employees of the Ministry of National Defense, its decentralized entities, attached and linked, the Forces Military and National Police.

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ARTICLE 2o. In accordance with the provisions of article 150 of the Political Constitution, please review the President of the Republic of Extraordinary powers so that, within six (6) months of the publication of this law, it will issue rules with force of law that contain the special system of career of the Defense Sector, for income, permanence, promotion, training, stimuli, performance evaluation and employee retirement non-uniformed civil servants serving the Ministry of National Defense, their decentralized, assigned and linked entities, the Military Forces, and the National Police, as well as establishing all the characteristics and provisions that are competence of the law concerning his or her staff regime.

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ARTICLE 3o. In accordance with the provisions of article 150 of the Political Constitution, please review the President of the Republic of extraordinary powers to issue, within six (6) months of the publication of this law, the issuing of rules with force of law to amend and determine the system of nomenclature and classification of the employment of the entities that integrate the Defense sector.

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ARTICLE 4. For the linkage of non-uniformed civilian personnel of the Ministry of National Defense, its decentralized, assigned and linked entities, the Military Forces and the National Police, will be to carry out a security study of a reserved nature, to the candidates to occupy positions, which must be favorable to access them.

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As provided for in this article, it will not apply to the involvement of the Minister of National Defense, Deputy Ministers and Secretary General.

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PARAGRAFO. The call to provide the career jobs of non-uniformed civilian personnel of the Ministry of National Defense, its decentralized entities, attached or linked, the Military Forces and the Police Nationals who are vacant or are provided with a provisional assignment or appointment shall be made within the year following the entry into force of the Decrees to develop the extraordinary powers contained in the present law.

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ARTICLE 5o. While the decrees with force of law that develop the extraordinary powers conferred on the President of the Republic in this law are issued, the Defense Sector charges will continue. being occupied by officials of a provisional nature and the vacant posts may be provided on a provisional basis.

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ARTICLE 6o. The powers of this law shall be exercised subject to the following parameters:

a) The modernization, technification, efficiency and efficiency of the agencies and agencies that make up the defense sector will be the principles that will be followed to improve the competitiveness of civil civil servants, and increase the operational of military and police agencies;

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b) Unify the personnel management regime that applies to civil personnel linked to Defense Sector Agencies and Dependencies;

(c) Keep and respect civil personnel in the service of the Defence Sector, all rights, guarantees, prerogatives, services and benefits acquired or established in accordance with regulations prior to the date of this Law;

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d) Adopt, in accordance with constitutional and legal norms, mechanisms of special protection for maternity, to public servants displaced for reasons of violence, to mothers or fathers heads of families and to civil servants who have physical, psychological or sensory disabilities in order to provide them with a job commensurate with their condition without improving the working conditions laid down in law 909 of 2004;

e) It shall not be considered as a causal of the withdrawal of the civil personnel service from the discretionary power for career positions;

(f) The entry into the special race and the promotion within it shall be carried out by crediting merits by means of written, oral, psychotechnical, course-contest and/or any other technical means guaranteeing objectivity and impartiality, with pre-determined rating parameters. In any case, evidence of background checks and relevant test cases shall be carried out as determined by the regulation to be issued;

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g) By modifying and determining the system of classification and classification of jobs, the functions and requirements of the jobs of the entities that integrate the Defense Sector, to the needs of the service, will be adapted.

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ARTICLE 7o. Conform advisory and follow-up commission to the development of the extraordinary powers granted to the National Government through this law. The Parliamentary Committee will be composed of three senators and three representatives appointed by the Senate and House directives. The Minister of Defence and the Director of the Administrative Department of the Civil Service will be represented on behalf of the Government.

The monitoring committee shall meet with the chairman of the monitoring committee, elected by the senators and representatives of the Commission.

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ARTICLE 8o. Authorize the National Civil Service Commission to make the respective adjustments and modifications to the 2005 Call of the National Civil Service. National Civil Service Commission.

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ARTICLE 9o. In order to finance the costs of carrying out the selection processes for the provision of career jobs, to be convened by the National Civil Service Commission and the The National Civil Service Commission will charge applicants, as rights of participation in such competitions, a sum equivalent to a daily minimum legal wage for jobs belonging to technical levels. and care, and a day and a half of daily legal minimum wage for jobs belonging to the other levels. The collection will be done by the National Civil Service Commission or by whom it delegates.

If the value of the collection is insufficient to meet the costs generated by the selection process, the missing person will be covered by the respective entity that needs to provide the charge.

PARAGRAFO. People who have paid the value of the registration to participate in group two of the 2005 Convocation 001 advanced by the National Civil Service Commission, will have the right to participate in the selection processes that are brought forward in compliance with the special rules of career that are issued in the development of the powers conferred in this law, without having to cancel the registration again. Persons who are registered for the first time shall pay the registration fees to be established for the purpose.

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ARTICLE 10.

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PARAGRAFO. In order to ensure the timely execution of the selection process for the provision of career jobs, the National Civil Service Commission will advance Phase I, General Basic Test of Preselection of Convocation number 001-2005, 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 with 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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ARTICLE 11. Exclude from the CCNSC's 2005 Convocation number 001, the jobs of the State Social Enterprises (ESE) that are currently undergoing restructuring; for this purpose, the Ministry of Social Affairs Social protection must inform the National Commission of the Civil Service, CNSC, in the term of 30 calendar days the entities that are in the situation foreseen in this article.

Jobs that are excluded from Convocation number 001/2005 in compliance with this Article shall be called at the latest within two (2) years of the following completion of the restructuring process.

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ARTICLE 12. The National Civil Service Commission will report quarterly reports on all the activities carried out to the Septimas Committees of the Congress of the Republic. Report to be supported by its Chairman within the respective Commission.

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ARTICLE 13. In order to ensure the completion of the Convocation for the provision of the provisional jobs of the General System and Specific Systems of Administrative Career, the period shall be extended. of the members of the current National Commission of the Civil Service-CNSC, for the term of 24 months.

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ARTICLE 14. This law governs from its publication and repeals paragraphs 5o and 6o of literal a) of item 1 of article 3o, paragraph 2 of item 4 of article 31, the paragraph of article 55 , and modifies the item 3 of article 31 of Law 909 of 2004.

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The President of the honorable Senate of the Republic,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD,

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

Republic of Colombia-National Government

Publish and execute.

Dada en Bogotaa, D. C., 18 July 2006.

ALVARO URIBE VELEZ

The Minister of National Defense,

CAMILO OSPINA BERNAL.

The Director of the Administrative Department of the Civil Service,

FERNANDO GRILLO RUBIANO.

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