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Second Supplement to the Official Register Year II-Quito, Wednesday 6 October 2010-No. 294
Year II -- Quito, Wednesday, October 6, 2010 -- No. 294
EXECUTIVE FUNCTION
REPUBLIC OF THE REPUBLIC
SERVICE ORGANIZATION LAW PUBLIC
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Warehouse): 2430-110 -- Manosca Nº 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August-Telf. 2527-107 Annual subscription: US$ 400 + VAT -- Printed on National Editor 2,000 copies -- 36 pages -- Value US$ 1.25 + VAT
Administration of Mr. Ec. Rafael Correa Delg President Constitutional President of the Republic
SECOND SUPPLEMENT
2 -- Second Supplement-Official Record No. 294-Wednesday 6 October 2010
REPUBLIC OF THE REPUBLIC
Office No. T. 1919-SNJ-10-1508 Quito, October 6, 2010 Mr. Engineer Hugo Enrique Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In his office.-From my consideration: Deputy to the present will find the trade SAN-2010-673 of 4 October 2010, signed by Dr. Francisco Vergara, Secretary General of the National Assembly, who certifies the following:
" 1. The National Assembly, dated September 3, 2010, received the trade No. T. 1919-SNJ-10-1351, which contains the partial objection of the President of the Republic to the draft Public Service Organic Law.
2. The Plenary Session of the National Assembly, in Session
No. 61, carried out on September 29, 2010, dealt with the partial objection, ratifying in the text referred to the Presidency of the Republic by the Legislative Function by trade No. PAN-FC-010-1432, dated August 11, 2010, in the following:
Articles: 4; 7; 22; 25; 31; 33 incites 3 and 4; 48; 83 literal i); 89; 130; 134; 135; General Disposition Twenty First; and, Transitional Provision Tenth.
3. Regarding the objection, regarding the points
not detailed in the numeral 2 of this document, I allow myself to report that the plenary of the National Assembly has not spoken to this date.
Particular that I put in your knowledge, to be acted in accordance with the provisions of Articles 138 of the Constitution of the Republic of Ecuador and 64 of the Organic Law of the Legislative Function. "
So, at the disposal of the Constitutional President of the Republic, he was accompanied by the text of the Public Service Organic Law Project, in which the objections he made to the indicated project were incorporated. Constitutional President of the Republic, to publish it as the Law of the Republic in the Official Register, as provided for in the fourth indent of Article 138 of the Constitution of the Republic that provides:
" If the Assembly does not consider the objection within the time limit referred to, it shall be understood that it has been raided and the President or President of the Republic shall have the enactment of the law and its publication in the Official Register. "
For the purpose stated, I attach the following documents: 1. Certified copy of the office PAN FC-010-1432 of 11 of
August 2010, signed by the President of the National Assembly in which the reception of the Bill of Law is made Organic Public Service, on August 12, 2010, in the Presidency of the Republic and certified copy of the indicated project.
2. Certified copy of Office No. T. 1919 SNJ-10-1351
of 3 September 2010, with which the draft Public Service Organic Law was partially objected by the Constitutional President of the Republic.
3. Certified copy of trade No. T. 1919 SNJ-10-1479 of
October 4, 2010, by which the certification was requested if the plenary of the National Assembly came to discuss and approve the partial objection proposed by the Constitutional President of the Republic.
4. The referred initial trade number SAN-2010-673 of 4 of
October 2010. Intently, f.) Dr. Alexis Mera Giler, National Legal Secretary of the Presidency of the Republic. C.c. Arq. Fernando Cordero Cueva, President of the National Assembly.
NATIONAL ASSEMBLY Office No. PAN-FC-010-1432 Quito, 11 August 2010 Mr Economista Rafael Correa Delgado CONSTITUTIONAL PRESIDENT OF THE REPUBLIC OF ECUADOR In your office Mr President: The National Assembly, in accordance with the powers conferred on you by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the project of ORGANIC LAW OF THE PUBLIC SERVICE. In such a virtue and for the purposes provided for in Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, the authentic
Second Supplement-Official Registration No. 294-Wednesday 6 October 2010 -- 3
and certified copy of the text of the bill, as well as the certification of the Secretary General of the Assembly National, on the dates of the respective debates. Intently, f.) Fernando Cordero Cueva, President. PRESIDENT OF THE REPUBLIC.-Legal Secretary-general.-Received: ....................................... Name: Ireadable. Date: August 12, 2010.-Time: 14h43.
CERTIFICATION
In my capacity as General Secretary of the National Assembly, certified that the project of ORGANIC LAW OF PUBLIC SERVICE, was discussed and approved on the following dates: FIRST DEBATE: 22-November-2009 SECOND DEBATE: 10 and 16-June-2010; and,
11-August-2010
Quito, 11 August 2010.
f.) Dr. Francisco Vergara O., Secretary General. It is faithful copy of the original constant in two useful fojas.-I CERTIFY. Quito, 6 October 2010. f.) Ab. Oscar Pico Solorzano, National Undersecretary of Public Administration.
PRESIDENT OF THE REPUBLIC
Office No. T. 1919-SNJ-10-1479 Quito, October 4, 2010 Lord Architect Fernando Cordero Cueva PRESIDENT OF THE NATIONAL ASSEMBLY In his Office of my considerations: By trade No. T. 1919-SNJ-10-1351 of September 3, 2010, which was received that same day, the Constitutional President of the Republic referred to the National Assembly the partial objection to the draft Public Service Organic Law, in compliance with the
provided by the articles 137 last paragraph and 138 of the Constitution of the Republic, in accordance with Article 64 of the Law of the Law of the Legislative Function. In such a virtue, for the purposes of the law, I ask you to serve to extend a certification of the one that comes off if you have come to discuss and approve or not by the plenary of the National Assembly the mentioned objection of the President Constitutional President of the Republic, either in the terms established by the third indent of Article 64 of the Organic Law of the Legislative Function, or in its fourth indent, respectively. For the attention that is given to the present, I anticipate my thanks, reiterating my feelings of thoughtfulness and esteem,
f.) Dr. Alexis Mera Giler, National Legal Secretary. It is constant compressing in a useful record.-I CERTIFY.
Quito, October 6, 2010.
f.) Ab. Oscar Pico Solorzano, National Undersecretary of Public Administration.
NATIONAL ASSEMBLY
Office No. SAN-2010-673
Quito, October 4, 2010 Economist Rafael Correa Delgado CONSTITUTIONAL PRESIDENT OF THE REPUBLIC City Mr. President: For your knowledge, let me CERTIFY the following: 1. The National Assembly, dated September 3,
2010, received the trade No. T. 1919-SNJ-10-1351, which contains the partial objection of the President of the Republic to the draft Public Service Organic Law.
2. The plenary session of the National Assembly, in Session No. 61,
held on September 29, 2010, dealt with the partial objection, ratifying in the text sent to the Presidency of the Republic by the Legislative Function by trade No. PAN-FC-010-1432 of 11 August 2010, in the following:
Articles: 4; 7; 22; 25; 31; 33 incites 3 and 4; 48; 83
literal i); 89; 130; 134; 135; General Disposition Twenty First; and, Transitional Disposition Decima.
3. As for the objection, regarding points not
detailed in the numeral 2 of this document,
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I would like to inform you that the plenary of the National Assembly has not spoken to this date.
Particular that I put in your knowledge, to be acted in accordance with the provisions of Articles 138 of the Constitution of the Republic of Ecuador and 64 of the Organic Law of the Legislative Function. Intently, f.) Dr. Francisco Vergara O., Secretary General. PRESIDENT OF THE REPUBLIC.-Legal Secretary-general.-Received: ....................................... Name: Ireadable. Date: 04 October 2010.-Time: 13h29.
NATIONAL ASSEMBLY
THE PLENO
Considering: That the Constitution of the Republic of Ecuador, in Chapter VII of Title IV, provides that public administration constitutes a service to the collectivity, and points out the institutions that make up the public sector and the people who have the quality of public servants and servants;
What, the Committee on Legislation and Coding of the National Congress codified the Law Organic Civil Service and Administrative and Unification Management and Approval of the Remuneration of the Public Sector-LOSCCA, the text of which was published in the Official Register No, 16 of 12 May 2005; What, the numeral 16 of Article 326 of the Constitution of the Republic states that in the institutions of the State and in the entities governed by private law in which there is majority participation of public resources, who fulfil activities of representation, directives, administrative or professional, shall be subject to the laws governing public administration. Those that are not included in this categorization will be covered by the Labor Code; that, Article 229 of the Constitution of the Republic establishes that all persons who in any form or form will be served or public servants any title to work, provide services or exercise a position, function or dignity within the public sector. The rights of public servants and servants are indispensable. The law will define the governing body in the field of human resources and remuneration for the entire public sector and regulate income, promotion, incentives, disciplinary regime, stability, remuneration system and cessation of functions. their servers. Workers and workers in the public sector will be subject to the Labour Code. The remuneration of the public servants and servers
will be fair and equitable, in relation to their functions, and will value the professionalization, training, responsibility and experience; that, it is necessary that all the servers and servers of the institutions and agencies that make up the public sector are governed by the Law that regulates the public service; that, it is necessary to correct the remuneration disorder and the gaps in the matter of human resources caused by the exceptions of the Law in force and the lack of clarity and effectiveness in the application of the rule of law; its planning, organization and regulation is required by the entity governing the human resources and remuneration of the public sector; that, the organization of the institutions of the State, must be regulated by rules of application In order to ensure that, by virtue of their compliance, they respond to the demands of society, providing an effective, efficient and quality public service; that, it is necessary to replace the Organic Law of Civil Service and Administrative and Unification and approval of the remuneration of the public sector, and to issue a law regulating the service public, in order to have rules that respond to the needs of the human resource that works in public sector institutions and agencies; and, in exercise of its constitutional and legal powers, issues the following:
PUBLIC SERVICE ORGANIC LAW
TITLE I
THE PUBLIC SERVICE
UNIQUE CHAPTER
PRINCIPLES, SCOPE AND FUNDAMENTAL PROVISIONS
Article 1.- Principles.-This Law is based on the principles of: quality, warmth, competitiveness, continuity, decentralization, deconcentration, effectiveness, efficiency, equity, equality, hierarchy, loyalty, opportunity, participation, rationality, responsibility, solidarity, transparency, oneness and universality that promote interculturality, equality and non-discrimination. Article 2.-Objective.-The public service and the administrative career are aimed at promoting the professional, technical and personal development of the public servants, in order to achieve the permanent improvement, efficiency, effectiveness, quality, productivity of the State and its institutions, through the formation, operation and development of a system of management of human talent based on equal rights, opportunities and non-discrimination. Art. 3.-Scope.- The provisions of this law are of mandatory application, in the field of human resources and remuneration, throughout the public administration, comprising:
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1. The agencies and agencies of the Executive, Legislative, Judicial and Indigenous Justice, Electoral, Transparency and Social Control, the Attorney General of the State and the Constitutional Court; 2. The entities that make up the autonomous regime decentralized and special schemes; 3. The bodies and entities established by the Constitution or the law for the exercise of state power, for the provision of public services or for the development of economic activities undertaken by the State; and, 4. Legal persons created by regulatory act of decentralised autonomous governments and special schemes for the provision of public services. All the bodies provided for in Article 225 of the Constitution of the Republic and this article shall be subject to the provisions of the Ministry of Labor Relations on the basis of remuneration and supplementary income. The remuneration scales of the entities in the decentralised autonomous system and special schemes shall be subject to their actual economic capacity and shall not exceed the ceilings and floors for each post or occupational group established by the Ministry of Labor Relations, in no case will the floor be less than a unified basic salary of the private worker in general. In accordance with Articles 160, 170 and 181 numeral 3 of the Constitution of the Republic, the active members of the Armed Forces and the National Police and judicial career personnel shall be governed as provided for in those Articles. provisions by their specific laws and subsist by this law in whatever is applicable. In view of the specific nature of the nature of its activities, and the implementation of special schemes which its activity implies, the Ministry of Labour Relations shall establish and regulate the remuneration and supervision and control the application of the special administrative procedures of personnel established in the laws governing the Law, the Magisterium, the Foreign Service and the active members of the Guayas Transit Commission; related to the occasional staff the Legislative Function will observe what is foreseen in its law specific; teachers of the Magisterium and university teachers will be regulated in the promotion of promotions, evaluations and promotions by their specific laws, excluding from these processes the teaching and administrative technical staff that will be regulated by this law as will be regulated by the provisions of this normative body the administrative personnel of the Ministry of Foreign Affairs, Trade and Integration and the Commission of Transit of the Guayas. They shall be within the scope of this law for the purposes of remuneration, rights and obligations as applicable, nepotism and disciplinary proceedings as applicable, corporations, foundations, civil societies or commercial, with or without profit, with or without social or public purpose, whose participation in the capital or patrimony is composed of more than fifty percent by contribution from the institutions of the State, of the
autonomous governments decentralized or public resources. With regard to the bodies established in the Law of Sport, Physical Education and Recreation, the provisions of the Law on Sport, Physical Education and Recreation will be observed. In public companies, their subsidiaries, subsidiaries or business units, the provisions of Title IV of the Organic Law on Public Enterprises will apply. Article 4.-Servers and public servants.- The public servants or servants shall be all persons who in any form or any title work, provide services or exercise a position, function or dignity within the public sector. Workers and workers in the public sector will be subject to the Labor Code.
TITLE II
OF THE SERVERS OR PUBLIC SERVANTS
CHAPTER 1
OF THE ENTRY INTO SERVICE PUBLIC
Article 5.-Requirements for income.- To enter the public service is required: a) To be over 18 years of age and to be in the full exercise of the
rights provided for by the Constitution of the Republic and the Law for the performance of a public function;
b) Not to be in civil interdiction, not to be the debtor to the
to follow the process of the creditors ' contest and not to be in a state of fraudulent insolvency declared judicially;
c) Not to be understood in any of the grounds of
prohibition to exercise public office; d) To comply with the preparation requirements
academic and other enforceable powers provided for in this Law and its Regulation;
e) Haber suffragado, when it is required to do so,
except for the causes of excuse provided in the Law; f) Not to be in arrears of payment of credits
established in favor of entities or agencies of the sector public, except as set forth in Article 9 of this Law;
g) Submit the sworn estate declaration on the
that will include the following:
g.1.-Authorization to lift the stealth of your accounts banking;
g.2.-Statement of not owing more than two pensions
food; and, g.3.- Statement not to be found in
nepotism, inskills, or expected bans
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in the Constitution of the Republic and the current legal order.
h) Haber has been declared successful in the contest of
merits and opposition, except in the cases of public servants and public servants of popular choice or of free appointment and removal; and,
i) The other requirements outlined in the Constitution of the
Republic and the Law. Except for the specific and particular cases determined by the Law. The public institutions subject to this Law will ensure that the processes of selection and incorporation into the public service, promote affirmative policies of inclusion to groups of priority attention, interculturality and, the presence of the of men and women in the nomination and designation positions. Foreign persons residing in Ecuador may provide their services in the capacity of public servants or servants on matters in which they are required to have the same, without prejudice to the application of the agreements. I would like to make it clear that the Commission is not going to be able to take the necessary measures to ensure that the Commission is able to do so. For career positions, they must have a residence in the country of at least 5 years and have completed the respective contest of merit and opposition. In the event of the need for the hiring of foreign persons, the appointing authority, prior to the reasoned report of the unit of administration of the human talent, will request the respective authorization of the Ministry of Labor Relations.
CHAPTER 2
OF NEPOTISM, INSKILLS AND PROHIBITIONS
Article 6.-Of Nepotism.- Any appointing authority is prohibited, designated, appointed, possessionable and/or engaged in the same entity, institution, body or legal person, as referred to in Article 3 of this Law, to his or her relatives to the fourth degree of consanguinity and second degree of affinity, to his or her spouse or to whom he or she maintains union in fact. The proposed prohibition extends to the relatives of the members of the collegiate bodies or directories of the respective institution. It also extends to the relatives of the authorities of the superintendencies with respect to the public institutions that are regulated by them. If at the time of the possession of the appointing authority, his spouse, living in union in fact, relatives up to the fourth degree of consanguinity and second degree of affinity, are working under the mode of service contracts occasional or civil contracts for professional services subject to this law, in the same institution or in an institution which is under the control of this authority, or in the case of superintendencies, of the institutions of the State which are monitored, audited or controlled by them, contracts
will remain in place until completion of their deadline and the appointing authority shall be prevented from renewing them. The charges of free appointment and removal will be terminated upon the possession of any of the appointing authorities. Nor shall it be possible to hire or appoint persons within the degrees of consanguinity established in this article while the authority referred to in this paragraph is in office. In the case of delegation of functions, the delegate or delegate may not appoint in a public post, or enter into employment contracts, occasional service contracts or civil service contracts, with those who maintain the the links referred to in this Article, with the appointing authority, with the delegated authority, with members of collective bodies or delegates from which the act or contract emanates. It is the exception of servants and career servants who maintain a kinship relationship with the authorities, provided that they have been appointed prior to the election and possession of the appointing authority. In the event of a conflict of interest, between public servants of the same institution, who have among themselves some degree of kinship of those established in this Law and must make decisions in relation to the aforementioned conflict of interest, inform their immediate superior about the case and will immediately be excused from continuing to know the controversial procedure, while their superiors resolve the relevant. In no case shall it be possible to hire counsellors or advisers who have kinship, in the fourth degree of consanguinity or second degree of affinity, with the servant or the public servant to whom they must provide their services of counseling. No heads of diplomatic or consular missions, the spouse or relatives shall be appointed until the fourth degree of consanguinity and the second degree of affinity of the President of the Republic or Vice President of the Republic, except in the case of diplomats of a career that has been appointed prior to the possession of the aforementioned authorities with whom it has a relationship of kinship. In the event of non-compliance with the provisions of this Article, the General Comptroller of the State shall be notified of the matter, in order to carry out the appropriate actions to recover the unduly paid, as well as for the the establishment of the alleged administrative, civil and/or criminal liability. No title or quality, inheritance of posts or jobs shall be admitted. Article 7.-Responsibilities and penalties for Nepotism.-Without prejudice to the administrative, civil or criminal liability to which it may occur, shall not have legal validity, shall not cause economic discharge and shall be considered null, (i) appointments or contracts in the cases referred to in Article 6 of this Law. Will be sanctioned with the removal of your post due process the appointing authority you designate or
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personal hire contravening the prohibition of nepotism established in this Law, in conjunction with the person illegally named or Moreover, it will be jointly and severally liable for the payment of the remuneration paid by the institution. The person responsible for the Human Talent Management Unit, as well as the servant or servant responsible who knowingly the existence of a cause of nepotism, has allowed the registration of the appointment or contract, will be responsible jointly and severally on the undue payment referred to in this Article. The servers that prior to the registration and possession of the appointment or contract have been notified in writing to the appointing authority are excluded from this sanction on the non-observance of this rule. In the Decentralized Autonomous Governments of its entities and special regimes, such a warning will be made to the highest administrative authority and the Comptroller General of the State. Article 8.-Prohibition of registration.- No appointments of fund managers, computers of expenses, nor of officials presenting financial statements to the Comptroller General of the State, in entities of the sector public or private sector, with majority participation of public resources, which are included up to the fourth degree of consanguinity or second degree of affinity with the Comptroller, Subcomptroller and Regional Directors of the Comptroller General's Office. of the State. Article 9.-Special inability to default.- No appointments issued or contracts entered into in favor of persons who are in arrears with the National Government, Decentralized Autonomous Governments, Rentas Service Internal, Central Bank of Ecuador, open or closed financial institutions belonging to the State, private law entities financed with fifty percent or more with public resources, public enterprises or, in general, with any entity or body of the State; or, which are State debtors by a contribution or service that has a year of being enforceable; or, which are in a state of judicially declared civil incapacity. Except for appointments issued or contracts concluded in favour of persons who are in arrears if, prior to obtaining the appointment or contract, it is stated in the estate declaration that the details of the debt with the the subscribed payment convention that is executed or executed once it is entered into the Public Sector. In the event of non-compliance with the payment agreement, the server or server shall be separated and the contract or appointment shall be terminated without any right to compensation. He shall be removed from office or the contract shall be terminated, without payment of any compensation, if the untruth of the sworn declaration submitted at the time of registration or possession is proven, without prejudice to the liability of the civil liability. and/or penalty. Article 10.-Special prohibitions for the performance of a position, position, function or dignity in the public sector.- The persons against whom a conviction has been issued for crimes of:
peculado, comade, (b) Collusion or illicit enrichment; and, in general, those who have been sentenced for defrauding the State institutions are prohibited for the performance, in any form, of a post, office, function or public dignity. The same incapacity will fall on those who have been convicted the following crimes: customs crimes, trafficking of narcotic and psychotropic substances, laundering of assets, sexual harassment, sexual exploitation, trafficking in persons, illicit trafficking or rape. This prohibition extends to persons who, directly or indirectly, have received related claims in contravention of the existing legal order. Article 11.-Emotion of the and the servers prevented from being.- The Comptroller General of the State or the Minister of Labor Relations, on his own initiative or at the request of the citizenry, will request in writing, in a reasoned form, the removal the public servant or public servant who was prevented from being, prior to the corresponding administrative summary, to be the case, respecting the rights to the defense and due process. This application shall be addressed by the appointing authority, to whom it shall be the responsibility of the replacement.
If the infringer is not separated within the maximum period of forty-five days, counted from the request for removal, the Comptroller General of the State. Failure to take the request for removal, as noted in this article, will be the cause of dismissal of the appointing authority. In the case of decentralized autonomous governments their special entities and regimes, the requirement for the removal of the public servants corresponds to the appointing authority. Article. 12.-Prohibition of pluriemployment.- No person will, at the same time, perform more than one post or public office, whether he is exercising a popular election representation or any other public function. The exception of this prohibition is that of the teachers of universities and public and private Polytechnic Schools, legally recognized, provided that the exercise of teaching permits and does not interfere with the performance of the public function. The same exception will apply to professional musicians from the country's symphonic orchestras, who will also be able to perform the teaching in the music conservatories. In addition, the authorities or their delegates who, for the exercise of their positions, must integrate directories and similar public sector bodies, are exempt from the provision set out in this article. For these exceptional cases, the said delegation shall not be remunerated. The exercise of the position of those who are elected to integrate, as vocal, the Parish Boards, will not be incompatible with the performance of their functions as servants or public servants, or teachers, as long as their schedule of work permits.
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The public servant or public servant of the race who will be elected to a dignity of popular choice, will be granted compulsory leave without remuneration for the period of time for which it was elected, the effect of the public notification carried out by the respective electoral body with the corresponding results and the resolution of the challenges which have been be the case. Article 13.-Loss of posts.- Who will perform two or more posts whose concurrency prohibits this law, will be removed from those and will in fact lose all posts. Article 14.-Conditions for re-entry to the public sector.- Who has been compensated by effect of the removal of post may reenter the public sector only if it returns the amount of the compensation received, less the value resulting from the last remuneration which it received multiplied by the number of months it did not provide services in the public sector, from the date of its separation. Likewise, the public administration may be re-entered, who has received economic compensation for voluntary retirement, sale of resignation and other similar figures, if it returned the value of the compensation received; if it had received it before dollarization, for its return, it will be calculated at the exchange rate prevailing at the date of its payment. If you have received compensation for the purchase of waiver with compensation, to re-enter the public sector, to any post, you will have to return in advance all the compensation received. In addition, they may re-enter the public service who have been compensated or compensated, without the need to return the amount of the compensation received, only to charges of provisional appointment and to posts or functions of free appointment and removal established in this law. The same benefit will have those who re-enter to exercise university teaching, training of public servants or scientific research. This period shall not be considered as part of the accrual of the compensation received. The former servants or former servants who have voluntarily resigned have not received any compensation for the public sector. For discounts, suspensions, and pension payment limits, the respective social security laws will be in place.
CHAPTER 3
FOR THE EXERCISE OF A PUBLIC OFFICE
Article 15.- Of the reentry of the dismissed public servant or servant.- The legally-dismissed server or public servant may not re-enter the public sector in a period of two years, counted from the date of his removal, but his re-entry will not be possible. to give to the institution of the State, of which he was removed.
Article 16.- Appointment and Possession.- To discharge a public post is required for appointment or contract legally issued by the respective appointing authority. The term of office for public office shall be 15 days, counted from the date of notification and if not, they shall expire. Article 17.-Appointment Classes.- For the exercise of the public function the appointments may be: a) Permanent: Those that are issued to fill
vacancies through the selection system provided for in this Act;
b) Provisional, those that are issued to occupy:
b.1) The position of a server that has been suspended in his or her functions or removal, until the failure of the Administrative Contentious Room or other competent instance for this effect occurs;
b.2) The position of a server or server that is
will be licensed without remuneration. This appointment may not exceed the time determined for the licensed license;
b.3) To occupy the position of the server or server
that is in the commission of services without remuneration or vacancy. This appointment may not exceed the time determined for the designated commission;
b.4) Those who hold positions within
the scale of the top hierarchical level; and,
b.5) Of proof, granted to the server or the server that enters the public administration or who is promoted during the trial period. The server or public servant is subject to evaluation for a period of three months, beyond which, or, if not practiced, the final appointment will be granted; if I do not exceed the respective test, it will cease in the post. In the same way, provisional appointment will be granted to those who have been promoted, the same ones that will be evaluated within a maximum period of six months, through a technical and objective evaluation of their services and if it will be determined after does not qualify for the performance of the position will be returned to the previous post with its previous remuneration;
c) Free appointment and removal; and, d) Fixed period. The provisional appointments referred to in literals b.1) and b.2) may be awarded in favour of servants or public servants of the career who provide services in the same institution; or in favour of persons who do not have the quality of servants public.
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Article 18.-Registration of appointments and contracts.- The appointments must be recorded within the period of 15 days, in the Unit of Human Talent Management of the respective entity. The official responsible for such registration, who does not do so within the prescribed period, shall be punished administratively, without prejudice to the civil or criminal liability to which it occurs. Administrative acts made with an unregistered appointment or contract shall not affect third parties and shall result in the determination of administrative, civil and criminal responsibilities. In the case of occasional service contracts, no staff action will be required, only if they are registered with the Human Talent Management Unit.
Article 19.-Home pointing.-To register a appointment or contract, the person appointed or engaged shall indicate address and electronic address, in order to receive notifications concerning the performance of his/her duties in the unit of administration of the relevant human talent, or in his/her Sworn estate statement when the case is made. The address changes will be notified to the unit of the corresponding human talent.
Article 20.-Prohibition to register.- The server or the server responsible for the registration of the appointments or contracts, will not register appointments or contracts of persons who do not comply with the requirements laid down in this Law, under the prevention of legal penalties corresponding to such non-compliance.
Article 21.-Obligation to render caution.- public servants, who perform functions of reception, investment, control, administration and (a) the law of the Member States of the European Parliament, the Council of the European Parliament, the Council of the European Union and the European Parliament. The President of the Republic, the Vice President of the Republic, the Ministers and Secretaries of State, Deputy Ministers, Deputy Secretaries, Members of the Court of Justice, shall not be allowed to give their support. Constitutional, Members of the Court and Electoral Courts, Attorney General of the State, Comptroller General of the State, Attorney General of the State, Judges of the National Court of Justice, Judges of the Provincial Courts of Justice and Judges of The Courts, the members of the National Assembly, the National Electoral Council and the National Council Council of Citizen Participation and Social Control, the officials or servants of the Comptroller General of the State, the members of the Armed Forces and the National Police and the Guayas Transit Commission in active service. Governors and Regional Directors, Provincial Governors, Provincial Prefects, Mayors, Councilors, and Presidents of Parish Boards, which does not exempt them from administrative, civil or criminal responsibilities that may set against it.
TITLE III
OF THE INTERNAL ADMINISTRATION REGIME FROM HUMAN TALENT
CHAPTER 1
OF DUTIES, RIGHTS AND PROHIBITIONS
Article 22.-Duties of the public servants.- They are the duties of the public servants: a) Respect, comply and enforce the Constitution of the
Republic, laws, regulations and more provisions issued in accordance with the Law;
b) Meet personally with the obligations of your
post, with request, efficiency, warmth, solidarity and in the light of the collective good, with the diligence they usually employ in the administration of their own activities;
c) Comply in a mandatory way with their working day
legally established, in accordance with the provisions of this Act;
d) Fulfilling and respecting legitimate orders of the
hierarchical superiors. The public servant may refuse, in writing, to abide by the superior orders that are contrary to the Constitution of the Republic and the Law;
e) Velar by the economy and resources of the State and by the
preservation of the documents, useful equipment, equipment, furniture and goods in general, entrusted to their keeping, administration or use in accordance with the law and secondary standards;
f) Meeting on a permanent basis, in the exercise of their
functions, with due attention to the public and assist it with timely and relevant information, guaranteeing the right of the population to optimal quality public services;
g) Raise to knowledge of your immediate superior the
facts that may cause harm to the administration; h) Exercise your functions with institutional loyalty, righteousness
and good faith. Its acts shall be in accordance with the objectives of the institution in which the public resources are carried out and administered in accordance with the principles of legality, effectiveness, economy and efficiency, giving account of their management;
i) Comply with development requirements
institutional, human resources and remuneration implemented by the current legal system;
j) Submit to periodic evaluations during the exercise
of its functions; and, Custodian and care of the documentation and information which, by reason of their employment, The Commission has the responsibility to prevent or prevent misuse, removal, concealment or misuse.
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Article 23.-Rights of the Servants and Public Servants.- These are the inalienable rights of servers and servers Public: a) To achieve stability in their position; b) To receive a fair remuneration, which will be proportional
to its function, efficiency, professionalization and responsibility. The rights and actions that this concept corresponds to the server or server, are unrenountable;
c) Gozar of legal and retirement benefits of
compliance with the Law; d) Be returned to their posts after fulfilling
military civic service; this right may be exercised up to thirty days after being licensed from the Armed Forces;
e) Receiving compensation for removal of posts or
items, or voluntary retirement for benefit from retirement, due to the amount fixed in this Law;
f) Associate and designate your Free and
voluntary; g) Gotsar holidays, licenses, commissions and permits
as prescribed in this Act; h) Be returned in mandatory form, to your charges within
of the five-day term subsequent to the execution of the judgment or judgment, in the event that the competent authority has failed in favour of the suspended or dismissed server; and, if the contested administrative act has been declared null and void, the remuneration which stopped perceiving, plus the respective interests during the time that the judicial process lasted If the judge has provided for the payment of remuneration, in the respective order or judgment it shall be established that the values received during the period of service at another institution of the institution shall be calculated and deducted. public administration during that period;
i) Demanding before competent bodies and courts
the recognition or reparation of the rights enshrined in this Law;
j) Receiving preferential treatment to re-enter the same
conditions of employment to the public institution, to which it has renounced, for emigrate to the outside looking for work, in duly proven form;
k) Gozar of the protections and warranties in the cases in
that the server or the server denounce, in a motivated manner, the breach of the law, as well as the Corruption acts commission;
l) Develop your work in a suitable environment and
conducive to ensuring your health, integrity, security, hygiene and well-being;
m) Reintegration into your functions after a crash of
work or illness, contemplating the necessary recovery period, according to medical prescription duly certified;
n) Not be discriminated against or discriminated against, nor suffer impairment or cancellation of recognition or enjoyment in the exercise of their rights;
n) Exercise the right to the integral potentialization of their
human and intellectual capabilities; or) Maintain your job when you have
decreased your capabilities by catastrophic illness and/or while your treatment lasts and if you are unable to continue exercising (a) his position may be passed on to another without his remuneration being diminished unless he/she is (i) welcome the social security mechanisms envisaged for the purpose. In the event of such an event, the procedure for invalidity retirement and the benefits laid down in this law and in social security benefits shall be applied;
p) Keep your children and children up to the age of four years of
in a child care center paid and chosen by the public entity;
q) Receive continuing training and training from the
State, for which the institutions will provide facilities; and,
r) Other than establish the Constitution and the law. Article 24.-Bans on servers and public servants.- Prohibit the following public servants and servers: (a) Unjustifiably abandon their work; b) Exercise another charge or perform foreign activities to
their duties during the time set as working hours for the performance of their duties, except those authorized to perform his studies or teaching at the universities and polytechnic institutions of the country, provided that this does not interrupt the fulfillment of the entire working day or in the cases established in this Law;
c) Delay or negate the appropriate time
issue of the cases or the provision of the service to which you are obliged to the functions of your office;
d) Privilege in the provision of services to family members and
persons recommended by superiors, except for cases of persons immersed in care groups priority, duly justified;
e) Order assistance to public support acts
political of any nature or use, with this and other purposes, state assets;
f) Abuse of the authority conferred on it by the position for
coartar freedom of suffrage, association, or other constitutional guarantees;
g) Exercise electoral activities, in use of their functions
or take advantage of them for those purposes;
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h) Paralize any title to public services, in
special health, education, justice and social security; electrical energy, drinking water and sewerage, processing, transportation and distribution of hydrocarbons and their derivatives; public transportation, environmental sanitation, fire, post and telecommunications;
i) Maintaining relations commercial, corporate or
financials, directly or indirectly, with taxpayers or contractors of any institution of the State, in cases where the public servant, by reason of his or her duties, is required to personally attend to such matters;
j) Resolve matters, intervene, issue reports,
manage, process or to enter into agreements or contracts with the State, by itself or by person or by obtaining any benefit that implies privileges for the servant or servant, his or her spouse or living in union in fact legally recognized, his relatives up to him fourth degree of consanguinity or second degree of affinity. This prohibition shall also apply to companies, companies or legal persons in which the servant, his or her spouse or living person in union is in fact legally recognised, his relatives up to the fourth degree of consanguinity or second of affinity have an interest;
k) Request, accept, or receive, in any way,
handouts, rewards, gifts or contributions in species, goods or money, privileges and advantages on the basis of their functions, for themselves, their superiors or his deputies, without prejudice to the fact that these acts constitute offences such as:
l) Receipt of remuneration or supplementary income,appointment or contract
without providing effective services or carrying out specific work, in accordance with the regulations of the respective institution;
m) Negate holidays unjustifiably to the servants
and public servants; and, n) The others established by the Constitution of the
Republic, laws and regulations. Article 25. -From legal working days.- Working days for the entities, institutions, bodies and legal persons referred to in Article 3 of this Law may have the following modalities: a) Ordinary Day: It is that which is met by eight
effective and continuous daily hours, Monday to Friday and during the five days of each week, with forty hours per week, with rest periods from thirty minutes to two hours daily for lunch, which will not be included in the working day; and,
b) Special Day: It is that that by the mission that
fulfills the institution or its servers, cannot be subject to the single day and requires of days, schedules or special shifts; it must be fixed for each case, observing the principle of continuity, equity and optimization of the service, according to the norm that the Ministry of Labor Relations will issue for the effect.
Servers and servers that carry out dangerous jobs, perform their activities in unhealthy environments or at night time, they will be entitled to special days of shorter duration, without their remuneration being less than the generality of servers or servers. Institutions that, in a justified manner, require that their servants or their servants work in different schedules to those established in the ordinary day, must obtain the approval of the Ministry of Labor Relations. In the case of the Decentralized Autonomous Governments, their entities and special regimes, this faculty will be the ultimate authority.
CHAPTER 2
OF THE LICENSES, COMMISSIONS OF SERVICE AND PERMITS
Article 26.-Licensing and permissions regime.-License or permission shall be granted to be absent or to be allowed from time to time to the place of work, to the servants or servants receiving remuneration, in accordance with the provisions of this Law. Article 27.-Licenses with remuneration.-Any server or public servant shall have the right to be licensed with remuneration in the following cases: (a) By illness that determines physical impossibility or
psychological, duly proven, for the performance of his/her duties, for up to three months; and, the same period may be applied for his/her rehabilitation;
b) catastrophic or severe accident
duly certified, for up to six months; as well as the use of two hours a day for rehabilitation in the case of a medical prescription;
c) For maternity, all public servants are entitled to
a license with a remuneration of twelve (12) weeks for the birth of your daughter or child; in case of birth The deadline will be extended by an additional ten days. The absence will be justified by the presentation of the medical certificate granted by an optional of the Ecuadorian Social Security Institute; and, in the absence of this, by another professional of the public health centers. This certificate shall include the probable date of the delivery or the date of delivery;
d) By paternity, the public servant is entitled to
a licence with remuneration for the period of ten days from birth. of your daughter or child when the birth is normal; in cases of multiple birth or by cesarean section will be extended for five more days;
e) In cases of premature births or in
special care conditions, the license will be prolonged by Paternity with remuneration for eight more days; and, when born with a degenerative disease, terminal or with a degree of severe disability, the father may be licensed for twenty-five days, made to be justified by the presentation of a medical certificate, granted by an optional of the Ecuadorian Institute of
12 -- Second Supplement-Official Registration No. 294-Wednesday 6 October 2010
Social Security and lack thereof, by another medical professional duly endorsed by public health centers;
f) death of the mother, during childbirth or
while she is on maternity leave, the parent may make use of the entire, or in her case, the part of the portion of the license period that the mother has been entitled to;
g) The adoptive mother and father will be entitled to
paid leave for 15 days, the same as will be run from the date the child or daughter is legally handed over to her;
h) The server or public servant will be entitled to twenty
and five days of paid leave to attend to child (s) or child (s) cases. or with degenerative pathologies, a license that can be taken together, continuously or otherwise. Absence from work shall be justified by the presentation of a medical certificate issued by the treating specialist and the corresponding hospitalization certificate;
i) By domestic calamity, understood as such, to the
death, accident or serious illness of the spouse or living survivor legally recognized or of the relatives up to the second degree of consanguinity or second degree of affinity of the servants or public servants. In the case of a legally recognised spouse or living survivor of the parent, mother or child, the maximum authority, its delegate or the Human Talent Management Units shall grant a licence for up to eight days, as well as for claims that seriously affect the property or assets of the server or server. For the other relatives referred to in this literal, the license will be granted for up to three days and, in the event of requiring additional time, will be counted on a vacation charge; and,
j) For marriage, three days in total. Article 28.-Licenses without remuneration.-License without remuneration may be granted to public servants, in the following cases: (a) Subject to the needs of the server, the
Head or Head of an office, may grant leave without remuneration for up to 15 calendar days; and, with the approval of the respective appointing authority or its delegate or delegate, for up to sixty days, during each year of service, through the Human Talent Management Unit;
b) Subject to the needs and interests
institutional, prior to the authorization of the appointing authority, to carry out regular post-graduate studies in higher education institutions, up to a period of two years years, provided that the server or server has served at least two years of service in the institution where it works;
c) To comply with the military service; d) To act in temporary or occasional replacement of a
dignitary or Elected dignitary by popular vote; and,
e) To participate as a candidate or candidate of popular choice, from the date of registration of his candidacy until the day after the elections, in case of being a service career server public.
Article 29.-Holidays and permissions.- All public server or server will have the right to enjoy thirty days of paid annual leave after eleven months of continuous service. This right may not be compensated for in money, except in the case of termination of the duties in which the holidays not enjoyed according to the value perceived or which he/she had to receive for his last vacation. The holidays may be accumulated for up to sixty days. Article 30.-Of the commissions of service with remuneration.-The public servants of the race may provide services in another entity of the State, with their acceptance in writing, prior to the favorable opinion of the administrative unit of the human talent, for up to two years, by granting a commission of services with remuneration, provided that the servant or servant has served a year of service in the institution where he works and meets the requirements of the post occupy. The public servant or public servant of this commission shall be entitled to receive the highest remuneration, or to pay the difference between what it perceives in the home entity and the budgeted in which it will provide its services. The server or server will retain all of its acquired rights in the institution of origin, in which it was originally serving; and, once its commission of services is concluded, it will have the right to be reintegrated or reintegrated into its position. original or equivalent if the previous one was deleted for institutional convenience. In order to carry out regular studies of post-degrees, meetings, conferences, internships and observation visits abroad or in the country, which will benefit the Public Administration, a commission of services will be granted for up to two years, after obtaining the opinion favourable to the unit of administration of the human talent, provided that the server or server has completed a year of service in the institution where it works. Article 31.-Of the Service Commissions without remuneration.- Las and public servants of the career may provide services in another institution of the State, by commission of services without remuneration, upon their acceptance in writing and for up to six years, during his administrative career, after obtaining a favourable opinion from the Human Talent Management Unit, provided that the server or server has served at least one year of service in the institution. After the commission the server server will be reintegrated or reintegrated to its original position. The periods for the exercise of posts of popular choice are exempted from this provision. The entity which awarded the service commission may not remove the charge of the servant or servant who is in the commission of unpaid services. This class of service commission shall not be granted to servants or servants holding positions of higher hierarchical level, fixed period, provisional appointments or occasional service contracts.
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No public entity will refuse to grant service commission for its servers. Article 32.-Obligation of drawback.-Once the period of license or commission of services provided for in this Law has been completed, the server or server must be immediately and compulsorily reintegrated into the institution. Failure to comply with this provision will be communicated by the Human Talent Management Unit, to the respective appointing authority, for the disciplinary purposes provided for in this Act. Licences with or without remuneration are not cumulative, with the exception of holidays which may be accumulated for up to two periods. Article 33.-Of the permits.-The appointing authority will grant permits for up to two hours a day for regular studies, provided that tuition and regular attendance at classes are accredited. In the case of students, approval of the relevant course will be expressly certified. These permissions will not be granted, to the servers or servers that you work on a special day. The servers and the servers will be entitled to medical attention for up to two hours, provided it is justified by a corresponding medical certificate awarded by the Ecuadorian Social Security Institute or approved by the health centers. public. The public servants will be allowed to take care of the newborn for two hours a day, for twelve months from the end of their maternity leave. The appointing authority shall grant remuneration to the directors of the legally constituted public servants ' associations in accordance with the work plan submitted to the institutional authority. Prior to the report of the unit of administration of the human talent, the public servants will be entitled to two-hour daily leave for the care of relatives, within the fourth degree of consanguinity and second of affinity, that they are under their protection and have severe disabilities or properly certified catastrophic diseases.
This type of permits will also be granted in advance of their use in cases such as the registration of their children and their children. educational establishments and others which are duly justified. Article 34.-Permissions Imputable to Holiday.-Eligible leave may be granted for holidays, provided that they do not exceed the vacation days to which the server or server is entitled at the time of the request.
CHAPTER 3
OF MOVE, HANDOVER, AND ADMINISTRATIVE CHANGE
Article 35.-From Administrative Move.-Administrative move is understood to the movement, duly motivated, of the public servant or server of a position to
other vacancy, of equal class and category or of different class but of equal remuneration, within the same entity and which does not involve change of domicile. Article 36.-Conditions for transfers.-Transfers from one position to another may be agreed by the appointing authority, provided that: (a) Both positions have equal remuneration; and (b) the candidate or the candidate for the transfer complies with the
requirements for the position to which you will be moved. Article 37.-From the transfer of posts to other units or institutions.-The appointing authority, prior to the technical report of the unit of administration of the human talent, may authorize the transfer of posts, with the respective consignment budget, from one administrative unit to another, within the same institution. For the transfer of posts with their respective budget item to another institution, institution, body or legal person referred to in Article 3 of this Act, in addition to the technical report of the unit of administration of human talent, require a budget opinion from the Ministry of Finance if this implies an increase in the entity's wage bill or current expenditure and the approval of the Ministry of Labor Relations.
budgets belong to different budget categories, (autonomous entities, (a) the position with the corresponding budget item, as well as the budgetary resources which finance the staff costs of the said post, will be transferred to the public sector, public enterprises, etc. securities that are covered up to the end of the tax period in the budget of the home entity. The institution receiving the post will be required to include the respective financing in its institutional budget from the next fiscal period. Article 38.-Of administrative change.-The movement of the public servant or server from one unit to another is understood by administrative change. The appointing authority may authorise the administrative change between different units of the institution, without involving budgetary modification and whenever it is carried out by institutional needs, for a maximum period of 10 months in one year. (i) a timetable for the non-payment of the stability, functions and remuneration of the servant or servant. Once the authorized period has been completed, the server or server must be reintegrated into its original job. Article 39.-Voluntary exchange of posts.-The appointing authorities, after report of their respective Human Talent Management Units, may authorize the voluntary exchange of posts of the servers, always they are placed at the same professional, administrative or technical levels in both institutions, in the following cases: (a) Illness;
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b) Change of marital status; and, c) Family or personal security. For the application of this Article, the General Regulation of this Law shall establish the corresponding procedures and mechanisms. For the voluntary exchange of posts, no payment can be made; if the payment is checked, after administrative summary, the removal of the subserated servers will be carried out. Article 40.-Prior acceptance.-The transfer, administrative change or voluntary exchange of positions to a place other than the civil service of the server or public servant, may be done only with its acceptance in writing. In no way, such changes, voluntary exchange of posts or transfers will be considered as a sanction.
CHAPTER 4
DISCIPLINARY REGIME
Article 41.-Administrative responsibility.- A servant or public servant who fails to fulfil his obligations or in contravention of the provisions of this Law, his regulations, as well as laws and related regulations, will incur administrative responsibility which will be disciplined, without prejudice to the civil or criminal action which may arise from the same act. The administrative penalty shall apply in accordance with the basic guarantees of the right to defence and due process. Article 42.-Of disciplinary misconduct.- It is considered to be disciplinary misconduct those actions or omissions of the public servants or servants that contravene the provisions of the legal order in force in the Republic and this law, in the case of constitutional or legal rights and prohibitions. They shall be sanctioned by the appointing authority or its delegate. For the purposes of applying this law, the faults are classified in light and serious. a.-Mild high.-These are actions or omissions made by minor neglect or knowledge, provided that they do not alter or seriously impair the normal development and development of the public service. Minor faults shall be considered, unless otherwise sanctioned, the actions or omissions which affect or are contrary to the administrative provisions laid down by an institution to ensure internal order, such as non-compliance with working hours during a working day, inadequate development of activities within the working day; short non-authorised departures from the institution; misuse or non-use of uniforms; disobedience to instructions legitimate verbal or written; undue attention to the public and to their colleagues or colleagues work, improper use of goods, equipment or materials; misuse of media and others of similar nature.
Mild faults will result in the imposition of sanctions of verbal admonition, written admonition or sanction administrative pecuniary or fine. b.-These are actions or omissions that would seriously contraven the legal order or seriously alter the institutional order. The sanction of these faults is aimed at preserving the probity, competence, loyalty, honesty and morality of the acts performed by the public servants and servants and are provided for in article 48 of this law.
Reoffending of minor faults shall be considered to be a serious fault. Serious misconduct will result in the imposition of suspension or removal sanctions, prior to the corresponding administrative summary.
In all cases, written evidence of the sanction imposed in the personal file of the server or server.
Article 43.-Disciplinary Penalties.- The disciplinary penalties in order of severity are as follows: (a) Verbal Assembly; (b) Written assembly; (c) Administrative pecuniary santion; (d) Temporary suspension without pay; and, (e) Dismissal.
Written warning shall be imposed when the server or server has received, during The same calendar month, two or more verbal admonitions.
The financial penalty or fine shall not exceed the amount of ten percent of the remuneration, and shall be imposed for recidivism in minor faults in the performance of his duties. In the event of recidivism, the server or server will be removed by law. The penalties will be imposed according to the seriousness of the faults. Article 44.-Of the administrative summary.- It is the administrative, oral and motivated process by which the public administration will determine or not the commit, of the administrative faults established in this Law, by a server or public server. Your procedure will be regulated in the General Rules of this Law. The administrative summary shall be executed in application of the guarantees to due process, respect for the right to the defense and application of the principle that in case of doubt it will prevail the most favorable to the server or server. If administrative responsibilities are to be determined, the penalties provided for in this Law shall be imposed. If civil or criminal liability is established, the appointing authority shall be transferred to the competent courts.
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Article 45.-Resign in administrative summary.- A process of administrative summary has been initiated against a server or server, which during the process will present your resignation, will not be suspended and will continue even in the absence of the server or server. Article 46.-Administrative litigation.- The server or server suspended or removed, may sue or appeal to the Administrative Board of the Administrative Board or to the competent judges or courts of the place where the contested act or where it has produced its effects, demanding the recognition of its rights.
If the judgment of the Chamber or competent judge is favourable, the act is declared null or illegal and the server or servant dismissed is restored to his job, will proceed in such a way and immediately after the execution of the respective providence. If in addition to the judgment or order it is disputed that the server or servant is entitled to the payment of remuneration, in the respective order or judgment the values that it has ceased to receive with the corresponding interests, values to which it has ceased the values perceived during the time that the services have been provided in another institution of the public administration during that period shall be imputed and discounted.
The payment shall be made within a term of not more than 60 days counted from the date the corresponding payment order was executed.
In case of failure favourable to the server or server suspended and declared null or illegal the act, the unpaid values will be restored. If the judgment determines that the suspension or dismissal was unlawful or void, the official, official or servant shall be liable for the securities to be held liable and, consequently, the State shall exercise its right to repetition of the values paid, provided that the court has declared that the server or the server has caused the damage by reason or serious fault. The judgment will be notified to the Comptroller General of State for control purposes.
In case the appointing authority refuses the restitution will be sanctioned with removal from office.
CHAPTER 5
CESSATION OF FUNCTIONS Article 47.-Cases of definitive cessation.- The public servant or server shall cease to be definitively in its duties in the following cases: (a) By voluntary resignation formally submitted; (b) By absolute or permanent incapacity declared
judicially; (c) By removal of post; (d) By loss of the rights of declared citizenship
by enforceable judgment;
e) By removal, in the case of the servers of free appointment and removal, of fixed period, in case of cessation of the provisional appointment and for lack of requirements or proper procedure to occupy the position. Removal is not a sanction;
f) For removal; g) For recall of the mandate; h) For entering the public sector without winning the contest of
merits and opposition; i) For availing of voluntary retirement plans with
compensation; j) For retirement retirement; k) For purchase of waivers with compensation; l) For death; and, m) In the other cases provided for in this law.
Article 48.-Causals of removal.- They are causal removal: a) Incapacity proven in the performance of its functions,
prior to evaluation of performance and reports of the immediate head and the Human Talent Management Unit;
b) Unjustified abandonment of work for three or more days
consecutive work; c) Haber received a damning sentence executed by
the offences of: co-done, peculado, concussion, prevaricate, bribery, lawful enrichment and in general for the offences referred to in Article 10 of this Law;
d) Receive any kind of gift, gift or money
other than your remuneration; e) Ingesting liquor or making use of narcotic substances or
psychotropic in the workplace; f) Seriously insulting the word or work to their bosses or
profiting insults to colleagues or co-workers, when they are not the result of prior provocation or abuse of authority;
g) Attend to the work under evident influence of beverages
alcoholic or narcotic or psychotropic substances;
h) Incur during the period of one year, in more than two
violations involving disciplinary suspension of suspension, without pay;
i) Subscribe, grant, obtain or register an appointment
or contract for occasional services, contravening express provisions of this Law and its regulations;
j) Failure to perform duties imposed on the literal f) of the
Article 22 of this Act or break the prohibitions
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provided in literal d) to n) of Article 24 of this Law;
k) Subscribe and award civil service contracts
professionals contravening express provisions of this Law and its regulations;
l) Conduct acts of sexual harassment or abuse, trafficking,
discrimination or violence of any kind against public servants or servants any other person in the performance of his/her duties, acts which shall be duly verified;
m. The
performance evaluation process, for the second consecutive time;
n) Exert pressures and influences, taking advantage of the
position, in order to obtain favors in the designation of free appointment and removal posts for their spouse, living in union in fact, relatives up to the fourth degree of consanguinity and second degree of affinity;
n) Atenting against the human rights of some
server or server of the institution, using any type of coercion, harassment, or aggression; and,
or) The others that establish the Law. Article 49.-Special inability for the exercise of public posts by disciplinary sanctions.- Without prejudice to the civil or criminal liability to which there is a place, who has been removed after the relevant summary (a) administrative matters relating to the improper administration, management, custody or deposit of public resources, public goods or crimes related to these matters shall be disabled for the performance of a public post.
In such cases, the institution will notify the resolution issued within the corresponding administrative summary to the Ministry of Labor Relations and control bodies.
TITLE IV
OF THE ADMINISTRATION OF THE HUMAN TALENT OF THE AND THE PUBLIC SERVANTS
CHAPTER ONLY
OF THE AGENCIES OF HUMAN TALENT MANAGEMENT AND REMUNERATION
Article 50.-Application Bodies.- The application of this Law, as regards the administration of human talent and Remuneration shall be carried out by the following bodies: a) Ministry of Labor Relations; and (b) Human Talent Management Units of
each entity, institution, body or legal entity of those established in Article 3 of this Law.
Paragraph 1
Ministry of Labor Relations Article 51.-Competition of the Ministry of Labor Relations in the field of this Law.- The Ministry of Labor Relations, will have the following powers: a) To exercise the remuneration of the public sector
, and to issue the corresponding technical standards in the field of human resources, as determined in this law;
b) Propose the policies of the State and Government,
related to public sector human resources management;
c) Carry out control in the central administration and
institutional of the Executive Function by: inspections, verifications, monitoring or evaluation of administrative management, aimed at monitoring the strict compliance of the rules contained in this law, its general regulation, the resolutions of the Ministry of Labour Relations and other related provisions. From its results, it will issue reports to the relevant control bodies for the determination of the responsibilities to which the case may be;
d) Conduct technical studies related to the
remuneration and income complementary to the public sector. This will establish the advisory councils that are necessary with the various public sector institutions for the setting of the remuneration scales;
e) Develop and maintain the National System of
Information and the registration of all the servants, servants, workers and workers of the public sector, and the cadastre of the institutions, entities, companies and agencies of the State and of the private law entities in which there is majority participation of public resources, as determined in Article 3 of this Law;
f) Determine the application of policies and standards
remuneration of public administration regulated by this law and to assess and control central and institutional management;
g) Establish national policies and technical standards of
training, as well as coordinating the execution of training and training programs;
h) Requiring of the human talent management units
central and institutional management, information related to the human talent, remuneration and supplementary income, which must be submitted within the 15 days;
i) Issue criteria on the application of the precepts
legal in the field of remuneration, complementary income and human talent of the public sector, and to absolve the consultations that formulate the institutions mentioned in Article 3 of this law;
j) Establish alternative methods of intervention
immediate in the institutions of the Executive Function, a
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to prevent public servants and servers, the consequences that may be derived from non-compliance with the duties of his posts and the duties established by the Constitution and the law; and,
k) The others who assign him the Law. In the institutions, entities and bodies of the public sector, subject to the scope of this law, the percentage of increase in remuneration and any other benefit which causes an economic discharge from one financial year to the other, at most, shall be the rate of The Ministry of Labor Relations, after a favorable report by the Ministry of Finance regarding the economic availability in case of the case, is determined by the Ministry of Labor Relations. It is up to the National Secretariat of Public Administration to establish the policies, institutional management methodology and tools necessary for the improvement of efficiency in the Central, institutional and public administration. and coordinate the necessary actions with the Ministry of Labor Relations. It corresponds to the units of human talent management of the autonomous decentralized governments, their entities and special regimes, the administration of the integrated system of development of the human talent in their institutions, observing the technical standards issued by the Ministry of Labour Relations as the governing body of the matter. They will be administrative, organic, functional and economically dependent on their respective institutions. The Ministry of Labor Relations shall not interfere in acts related to such administration or in any foreign administration to central and institutional public administration.
Second Paragraph
Human Talent Management Units Article 52.-Of the privileges and responsibilities of the Human Talent Management Units.- The Human Talent Management Units shall exercise the following privileges and responsibilities: a) Meet and enforce this law, its regulations
general and the resolutions of the Ministry of Labor Relations, in the field of its competence;
b) Elaborate the projects of statute, internal regulations,
manuals and (c) Develop the internal management regulations of the
human talent, subject to the technical standards of the Ministry of Industrial Relations;
d) Develop and implement the manual of the description,
assessment and classification of institutional positions, with focus on management job skills;
e) Administer the Integrated Development System
Institutional, Human Talent and Remuneration; f) Take responsibility for the processes of
personnel movements and apply the regime
disciplinary, subject to this law, its general rules, related rules and resolutions issued by the Ministry of Labor Relations;
g) Keep up to date and apply the
Integrated Information System of the Human talent and Remuneration developed by the Ministry of Labor Relations;
h) Structure the annual planning of human talent
institutional, based on the technical standards issued by the Ministry of Labor Relations in the field of its competence;
i) Apply the technical standards issued by the Ministry
of Industrial Relations, on the selection of personnel, training and professional development with sustenance in the Statute, Manual of Processes of Description, Valuation and Classification of Generic and Institutional Posts;
j) Perform performance evaluation once a year,
considering nature institutional and the service provided by servers and servers to external and internal users;
k) Advising and preventing the correct application of this
Law, its General Regulation and the rules issued by the Ministry of Labor relations to the public servants and servants of the institution;
l) Fulfill the functions that this law has and those
that are delegated to it by the Ministry of Labor Relations;
m) of the Ministry of Relations
Labor, the cases of non-compliance with this Law, its regulations and related rules, by the authorities, servants and servants of the institution. In the case of the Decentralized Autonomous Governments, their decentralized entities and regimes, the respective Human Talent Management Units, will report the non-compliance to the Comptroller General of the State;
n) Participate in work teams for the preparation of
institutional plans, programs and projects as responsible for institutional development, human talent and remuneration;
n) Apply the personnel selection subsystem for the
merit and opposition contests, in accordance with the rule issued by the Ministry of Labor Relations;
o) Receiving complaints and complaints made by the
citizenship against public servants, raising a report to the appointing authority and timely monitoring;
p) Coordinating the training of the and
servers with the Public Service Continuing Training and Training Network; and,
q) The others established in the law, its regulations and the
legal order in force.
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TITLE V
OF THE TECHNICAL ADMINISTRATION OF THE
HUMAN TALENT
CHAPTER 1
SYSTEM INTEGRATED PUBLIC SECTOR HUMAN TALENT DEVELOPMENT
Article 53.-The Integrated Human Talent Development System.- It is the set of policies, standards, methods and procedures aimed at validating and boosting the skills, knowledge, guarantees and rights of public servants with the aim of developing its potential and promoting efficiency, effectiveness, opportunity, interculturality, equality and non-discrimination in public service to comply with the provisions of this Law. Article 54.-Of its structuring.- The integrated system for the development of the human talent of the public service is shaped by the subsystems of human talent planning; ranking of positions; recruitment and selection of personnel; training, training, professional development and performance evaluation.
CHAPTER 2
THE HUMAN TALENT PLANNING SUBSYSTEM
Article 55.-From the planning subsystem of the human talent.- It is the set of standards, techniques and procedures oriented to to determine the historical, current and future status of human talent, in order to ensure the quantity and quality of this resource, depending on the relevant administrative structure. Article 56.-From the institutional planning of human talent.- The Human Talent Management Units will structure, develop and present the planning of human talent, according to plans, programs, projects and The Human Talent Management Units of the Public Sector Entities, will send to the Ministry of Labor Relations, the institutional planning of the human talent for the following year for their approval, the which shall be submitted 30 days after the issuing of the Guidelines Budget for the budgetary pro forma for the year concerned. This rule will not apply to the active members of the Armed Forces and National Police, Public Polytechnic Universities and Schools, and to entities subject to the Public Enterprises Organic Law.
Decentralized, their entities and special regimes, will necessarily have their own annual planning of human talent, which will be submitted to their respective legislative body. Article 57.-Of the creation of posts.- The Ministry of Labor Relations shall approve the creation of posts at the request of the highest authority of the public sector institutions determined in Article 3 of this Law, to the
which should be attached to the report of the human talent management units, prior to the favorable opinion of the Ministry of Finance in cases where the wage bill is affected or the necessary resources are not available. Apart from the process set out in the previous paragraph, the decentralized autonomous governments, their special entities and regimes, the universities and public polytechnic schools and the entities governed by the Organic Law of Public Enterprises. Article 58.-Of occasional service contracts.- The subscription of occasional service contracts shall be authorized by the appointing authority, to satisfy institutional needs, prior to the report of the unit of administration of human talent, provided that there is budget heading and availability of economic resources for this purpose.
The recruitment of casual staff may not exceed twenty per cent of all staff of the contracting entity; in the event that such a percentage is exceeded, the prior authorisation of the Ministry of Labour Relations, these contracts may not exceed 12 months or until the remaining time of the current fiscal year is completed. This percentage is excepted to those institutions or bodies of recent creation which are required to incorporate staff in this way, until the corresponding selection of merit and opposition contests are carried out and in the case of posts corresponding to investment projects or included in the scale of the higher hierarchical level. By its nature, these types of contracts do not generate stability.
The staff working in the public service under this modality will have a relationship of dependency and right to all the economic benefits contemplated for the staff of the appointment, with the exception of allowances for removal of post or departure or retirement incentives.
Servants or public servants subject to this type of contract shall not enter the public service career, for the duration of the service. his contract. For those and the servants who have signed such contracts, no licences and commissions shall be granted for services with or without remuneration for regular or post-graduate studies within the working day, nor for providing services in another Public Sector institution. Such contracts, by their nature, shall in no way represent job stability in the same, or acquired right for the issuance of a permanent appointment, and may be terminated at any time, which may be text of the respective contracts. The unified monthly remuneration for this type of contract shall be that fixed in accordance with the values and requirements determined for the positions or grades established in the Remuneration Scales set by the Ministry of Labor Relations, the which shall issue the relevant rules.
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The occasional service contract that does not comply with the terms of this Law, will be causal for the automatic conclusion of the same and result in the determination of administrative, civil or criminal liability in accordance with the law. In the event of an institutional need, the occasional service contract may be renewed for the sole time for up to 12 months, except for posts included in investment projects or at the level of the higher hierarchical level. Article 59.-Conventions or contracts of internships and practices.- Public sector institutions may conclude agreements or contracts of internships with students from institutes, universities and polytechnic schools, respecting equity and Gender parity, disability and interculturality, as well, the State institutions will be able to conclude practice agreements with secondary education establishments. These agreements or contracts do not give rise to any employment relationship or any dependency, do not generate rights or duties or administrative or administrative obligations, are characterized by a limited duration and may receive economic recognition, established by the Ministry of Labor Relations. Article 60.-From the suppression of posts.- The process of removal of posts will proceed according to technical, functional and economic reasons of the state agencies and agencies. It will be carried out with the intervention of the Ministries of Labor Relations, of Finance; and, the institution or entity object of the suppression of posts, for the entities of the Central Government. This process will be carried out under the principles of rationalization, prioritization, optimization and functionality, responding to diagnostic and evaluation instances. The opinions of the ministries do not govern the Autonomous Decentralized Governments, their special entities and regimes, universities and public polytechnic schools; and, those subject to the scope of the Organic Law of Public Enterprises. In the case of vacant posts to be deleted for the reasons outlined above, the opinion of the Ministry of Finance may be dispensed with. The removal of post implies the elimination of the respective item and the prohibition of creating it again for two years, except duly justified cases by the respective technical report of the unit of administration of human talent. The change of name does not mean the removal of the position. The entity that removes items may not enter into occasional contracts in the current fiscal year, in positions of the same denomination. For the removal of posts, positions held by persons with severe disabilities or those with their care and responsibility shall not be considered as a child, spouse, living or parent with a degree
severe disability, duly certified by the National Council of Disabilities (CONADIS).
CHAPTER 3
FROM THE PUBLIC SERVICE RANKING SUBSYSTEM
Article 61.-From The Positions Classification Subsystem.- The Public Service Posts Classification Subsystem is the a set of standardized standards to analyze, describe, assess and classify positions in all entities, institutions, bodies or legal persons mentioned in Article 3 of this Law. It will primarily be based on the type of work, its difficulty, geographic location, scope of action, complexity, academic level and responsibility, as well as the skills, instruction and experience requirements necessary for its performance. of public posts. The classification will indicate the title of each position, the nature of the work, the hierarchical distribution of the functions and the requirements to occupy them. Article 62.-Obligatory of the classification subsystem.-The Ministry of Labor Relations, will design the subsystem of classification of public service positions, its reforms and will monitor its compliance. It shall be compulsory in any appointment, occasional contract, promotion, transfer, payment role and other personnel movements. The drawing up of staff expenditure budgets shall be subject to the existing classification system, in coordination with the entity's human talent management unit. Changes in the names shall not invalidate the administrative acts lawfully carried out. In the case of Decentralized Autonomous Governments, their special entities and regimes, they will design and apply their own position classification subsystem.
CHAPTER 4
OF THE STAFF SELECTION SUBSYSTEM
Article 63.-From the staff selection subsystem.-It is the set of rules, policies, methods and procedures, aimed at competitively evaluating the suitability of the and the aspirants who meet the requirements set for the position to be occupied, guaranteeing gender equity, interculturality and inclusion of persons with disabilities and priority care groups. Article 64.-Of persons with disabilities or with catastrophic diseases.- The institutions determined in Article 3 of this law that have more than twenty and five servers or servers in total are in the obligation of to recruit or appoint persons with disabilities or with catastrophic diseases, promoting affirmative action for this, in a progressive manner and up to 4% of the total number of servers or servants, under the principle of non-discrimination, conditions of equal opportunities in
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the integration of labor, providing the implements and other means necessary for the exercise of the corresponding activities. If, for reasons of catastrophic illness or severe disability, persons are unable to access posts in the public administration, and a person in the household of that person is a spouse or a living person in fact, father, mother, brother or sister or son or daughter, will be in care of it, may be part of the percentage of compliance with incorporation provided in the previous paragraph, for which the corresponding technical standard will be issued for the hiring of these people. In the event of the death of the disabled person or the person with catastrophic illness, the person shall be allowed to count on 4%. The productive capacity and the job performance of a person with disabilities or a catastrophic illness, on the pretext of the appropriate social services to be provided to them, will not be reduced or dismissed under any circumstances. equating the unequal conditions that they require to exercise and normally develop their work activities. The first month of each year, the public servants and servants who have been integrated in the previous year, will be obliged to receive the treatment and promotion of the rights towards their peers and users who deserve attention. priority.
If after the inspection carried out by the Ministry of Labor Relations, the non-compliance with the provisions of this article will be verified, and, as long as that is imputable to the appointing authority, it will be imposed a fine equivalent to five unified basic wages of the private worker in general. In the event of failure to comply, the fine equivalent to 20 unified basic wages of the private worker in general will be punished. If the appointing authority has been sanctioned for the second time, the non-compliance shall be maintained, provided that the population of persons with disabilities available for the work, in accordance with the land register, exists in their jurisdiction. National of persons with disabilities maintained by the National Council of Disabilities (CONADIS), this will constitute a cause of removal or removal.
Regarding the value of the fine imposed by this effect, fifty percent of the shall enter the Ministry of Labour Relations, a value which shall be the sole and exclusively to strengthen the supervision and control systems of the said portfolio; and the remaining fifty percent will enter the National Council of Disabilities (CONADIS) to comply with the specific objectives provided for in the Law of Disabilities. The Ministry of Labor Relations, through the disability unit and the respective provincial inspectorates, will supervise and control each year the compliance with this provision in the public administration. Article 65.-From income to a public post.- The entry into a public post will be carried out by means of merit and opposition, which will assess the suitability of the stakeholders and guarantee the free access to them.
A public post will be placed under the precepts of justice, transparency and without any discrimination. With regard to the inclusion and accessibility on equal terms to the paid work of persons with disabilities and of communities, peoples and nationalities, affirmative actions will be applied. The Ministry of Labor Relations will implement rules to facilitate its work activity. Qualification in merit and opposition contests should be done with objective parameters, and in no case, the appointing authorities will be able to intervene directly, subjective or make use of discretionary mechanisms. This type of irregularities will invalidate the personnel selection processes. Article 66.-Of the vacant posts.-To fill the vacant posts, a public tender of merit and opposition shall be carried out, guaranteeing to the and the aspirants their participation without any discrimination according to the provisions of the Constitution of the Republic, this Law and its Rules of Procedure. These competitions must be performed by the respective Human Talent Management Units. Article 67.-Designation of the winner of the contest.- The appointing authority shall designate the person who has won the contest, in accordance with the report issued by the Human Talent Management Unit. The designation will be based on the best scores they have obtained in the contest. Article 68.-From promotions.- The promotions will be carried out by means of merit and opposition contest, in which the efficiency of the servers and the servers will be evaluated primarily and, in addition, the years of service. The requirements set for the position must be met.
CHAPTER 5
OF THE TRAINING AND TRAINING ARTICLE 69.- Of The Formation of the and the Public Servers.- The training is the subsystem of career and higher-level specialization studies that give qualifications based on knowledge and skills that enable public servants at the professional and managerial level to obtain and generate scientific knowledge and to carry out applied research to the priority areas for the country, defined in the National Plan of Development. Non-professional training will also be aligned to priority areas for the country established in the National Good Living Plan. Article 70.-The training and personnel development subsystem.- It is the subsystem oriented to the integral development of the human talent that is part of the Public Service, from processes of acquisition and updating of knowledge, development of techniques, skills and values for the generation of an identity to respect human rights, practice principles of solidarity, warmth, justice and equity reflected in their behavior and attitudes towards the performance of their functions in an efficient and effective manner, enabling them to be carried out as beings The right to good living is thus exercised and exercised.
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Article 71.-Training and training programs.- To fulfill its obligation to provide optimum quality public services, the State will guarantee and fund the continuing training and training of public servants and servants through the implementation and development of training programs. They will be based on the National Plan for Training and Training of Public Servants and on the obligation to carry out systematic monitoring of their results, through the Network of Continuing Training and Training of the Public Service for the This will take into account the criteria of the Institute of Higher National Studies -IAEN. Article 72.-Planning and direction of training.-The Ministry of Labor Relations will coordinate with the Training and Training Networks of the Public Servants and the Human Talent Management Units of the institution, the implementation of the National Plan for the Training and Training of Public Servants, which should be decentralized and decentralized, in accordance with the constitutional requirements. In the case of Decentralised Autonomous Governments, their special entities and schemes shall be subject to the provisions of the relevant Act. Article 73.-Effects of training and training.- The training and training carried out in favor of public servants, in which the State has invested economic resources, will generate the responsibility of transmitting and to put into practice new knowledge acquired for a period equal to three times of training or training time. Article 74.-Failure to fulfil obligations.- In the event that the server or server ceases to be placed in the cases provided for in Article 47 (a), (d), (f) and (i) of this law and cannot comply with the obligation laid down in the Article 73 thereof, or has been reproved in its studies, the appointing authority shall have the authority to take the administrative or judicial measures to which it has taken place. The server shall be obliged to reintegrate the respective institution with the total value or the proportional portion of the investment in its training or training, within a period not exceeding 60 days, and may be charged by the Comptroller's Office. General of the State through the coactive jurisdiction or the Ministry of Labor Relations by the same way. Article 75.-Payment of fees to instructors.-Servants and public servants who, for their knowledge and experience, are required to collaborate outside the working hours, as organizers, teachers, facilitators or instructors at training events, will be entitled to receive fees for their work. For the purpose, the Ministry of Labor Relations will issue the respective fee scale.
CHAPTER 6
OF THE PERFORMANCE EVALUATION SUBSYSTEM
Article 76.-Performance Evaluation Subsystem.- It is the set of standards, techniques, methods, protocols and procedures harmonised, fair, transparent,
impartial and free of arbitrariness that systematically aims to evaluate under objective parameters according to the functions, responsibilities and profiles of the post. The evaluation will be based on quantitative and qualitative management indicators, aimed at promoting the achievement of institutional purposes and purposes, the development of public servants and the continuous improvement of the quality of the public service provided by all the entities, institutions, bodies or legal persons referred to in Article 3 of this Law. Article 77.-Of the assessment planning.-The Ministry of Labor Relations and the Institutional Units of Human Talent Management, will plan and administer a periodic performance evaluation system, with the objective of stimulating the performance of the public servants and servants, in accordance with the regulations to be issued for this purpose. Planning and administration to be concentrated and decentralised, in line with the corresponding constitutional requirements. The evaluations to the public servants shall be carried out once a year, with the exception of those and the servers that have obtained the qualification of regulating those who will be evaluated again as indicated in Article 80 of this law. Article 78.-Ratings scale.- The result of the performance evaluation will be subject to the following scale of ratings:
a) Excellent;
b) Very Good;
c) Successful;
d) Regular; and,
e) Insufficient. In the evaluation process, the public servant or server must know the objectives of the evaluation, the same as those that will be related to the position it plays. The instruments designed for performance evaluation must be signed by the immediate head or the evaluating officer, with the latter being able to make his observations in writing. The results of the evaluation shall be notified to the server or server evaluated, within eight days, who may request in writing and in writing the reconsideration and/or recalification; a decision which shall be the responsibility of the authority nominator, who must notify the evaluated server or the server in writing within eight days of the corresponding resolution. The rezoning process will be performed by a court consisting of three servers included in the upper hierarchical level that have not intervened in the initial qualification. Article 79.-Of the objectives of the performance evaluation.- The evaluation of the performance of the public servants should be aimed at respecting and enshrining the provisions of Articles 1 and 2 of this Law.
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Performance evaluation will serve as a basis for: a) Ascenso and cessation; and, b) Concession of other stimuli provided for in this Law
or regulations, such as: honorific mentions, licenses for study, scholarships and training courses, training and instruction.
Article 80.- Effects of the assessment.-The server or server that obtains the rating of insufficient, will be removed from its position, prior to the respective administrative summary that will be made immediately.
The server or public servant which is rated as regular, shall be re-evaluated within three months and if he again deserves the qualification of regular, it will result in him being removed from his post, prior to the respective administrative summary that will be carried out immediately. Subsequent evaluations will have to observe the same procedure.
The assessment will be performed by the immediate boss and will be reviewed and approved by the immediate institutional superior or the appointing authority.
The server or server qualified as excellent, very good or satisfactory, will be considered for promotions, promotions or recognitions, prioritizing the best qualified in the performance evaluation. These qualifications will be antecedent for the granting of stimulus that establishes the law and suggest recommendations related to the improvement and development of human resources.
TITLE VI
OF THE CAREER OF THE PUBLIC SERVICE
CHAPTER 1
GENERALATIONS Article 81.-Stability of and public servants.-Set within the public sector, public service career, in order to obtain efficiency in the public function, by means of the establishment of the system of merit and opposition ensure the stability of the right servers. Under the provisions of the Constitution of the Republic, the regime of free appointment and removal will be of an exceptional nature. It is prohibited to qualify as posts of free appointment and removal to those posts protected by the public service career that are currently occupied, for the purpose of removing their holders. It is prohibited that the posts of free appointment and removal, be classified in descending form to a job protected by the career of the public service. The servants and servants of the institutions referred to in Article 3 of this Law, who are 60 and five (65) years of age, shall have reached the maximum limit of their career in the public service, regardless of the degree to which they are based. find them located, without them being able to ascend.
To servers and servers that, from that age, meet the requirements set out in the social security laws for retirement and require voluntary withdrawal from the service public, they will be able to accept their request and will be recognized as an economic stimulus and compensation, conformity with the provisions of the General Disposition First. Servants and servants, at seventy (70) years of age, who meet the requirements laid down in the social security laws for retirement, will have to withdraw from the public service and cease to be in their post. They shall receive compensation in accordance with the General Disposition First. Article 82.-The career of public service.- It is the set of policies, norms, methods and procedures aimed at motivating the income and promotion of people to develop professionally within a sequence of posts that they can be exercised in their career path, on the basis of the merit system. The public service career shall ensure the stability, promotion and promotion of its servants and servers in accordance with their skills, knowledge, skills, competences, experience, responsibility in the performance of their duties and institutional requirements, without discrimination to persons with disabilities through evaluation processes and economic incentives, to fulfill the social role of meeting with efficiency and opportunity the social needs for development of Good Living as the responsibility of the State. Article. 83.-Servants and public servants excluded from the public service career.-Exclude from the public service career system, to: a) Who are in charge of the policy direction and
State administrative:
a.1 The ministers, deputy ministers and deputy secretaries of state;
a.2 The holders of the bodies of
Transparency and Control Social, Control and Regulation and the second authorities of these agencies;
a.3 The secretaries and undersecretaries
included in the top hierarchical level; a.4 The coordinators ' posts and
subcoordinators national; a.5 Directors and managers, sub-directors and
submanagers in all of their Categories and levels; .6 The presidents and vice-presidents; a.7 The secretaries-general and the secretaries; a.8 The supervisory authorities; a.9 The advisers or the advisers; .10 The trade-union procuratorates;
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.11 The governors or governors; a.12 The police and police officers, subintendents, commissioners
and the family; .13 The political leaders and lieutenants; a.14 The general coordinators and
institutional; and, a.15 The managers of the educational institutions
public of the National System of Education; b) exercise functions with appointment to
fixed period by legal mandate; c) The elected dignitaries by popular vote; d) The servers in all their classifications that
belong to the Judicial Race, the Prosecutors belonging to the Fiscal Career, the Public Defenders belonging to the Career of the Ombudsman, the vowels and the vowels of the Council of the Judicature and its alternates, the Judges and Judges of the National Court of Justice, the Prosecutor or the Attorney General of the State, the General Public Defender or the General Public Defender, the Attorney General of the State or the State Attorney General and the Comptroller General of the State or the Comptroller General of the State, Notaries and Notaries; and, those who serve in the notary;
e) The members of the National Electoral Council and
members of the Electoral Tribunal; (f) The members of the Constitutional Court; (g) The active service members of the Forces
Armed, National Police and the Guayas Transit Commission;
h) The free appointment and removal servers,
and provisional appointment; (i) Servers and public servants subject to the Law
Organic Service of Foreign Service; (j) Dignitaries and dignitaries, authorities or members
of collegiate bodies or of corporations to whose office the government of the State institutions runs;
k) The personnel of the companies subject to the Organic Law of
Public Enterprises; l) teachers and researchers from the institutions
public education of the Higher Education System; and,
m) The teaching staff within the System
National Education. The servers and servers included in the literals of this article, will not be subject to the performance evaluation processes determined in this Law, in respect of which they will apply their own laws, where their processes of evaluation.
The server or career server that in any way or circumstance will occupy one of the positions provided for in the literals a) and b) of this article, will lose its condition of race and can be freely removed, except that it is carry out on request, subrogation or provisional appointment. The provisions of Chapters 2 and 3 of Title II of this Law shall be binding under all the regimes provided for therein.
Article. 84.-Teaching career.-The teaching staff, understood at all levels and modalities will enjoy stability, updating, continuing training, pedagogical and academic improvement, will receive a fair remuneration according to the professionalization, performance and academic merit. They will be subject to the Teaching Career and the Magisterium Law. As well as the professors and researchers of the universities that will be governed by the Law of Higher Education, according to the provisions of Article 355 of the Constitution. In the case of the servers that provide their services in the capacity of Teaching Technicians, they will be regulated by this Law.
Article 85.-Serversas and public servants of free appointment and removal.- The appointing authorities may designate, subject to compliance with the requirements for the entry into the public service, and to remove freely the servants who hold the posts mentioned in the literal (a) and the literal (h) of Article 83 of this Law. The removal thus effected does not constitute removal or disciplinary sanction of any nature.
CHAPTER 2
OF THE ENTRANCE TO THE RACE OF THE
PUBLIC SERVICE Article 86.-Requirements for income.- For the income of the servants and the servants to the public service career, in addition to complying with the requirements laid down in this Law, it is required: a) Meet the legal and regulatory requirements
required for the performance of the post; b) Haber been declared winner of the merit contest and
opposition, which must be stated in the respective act; and, c) Haber been possesionado in the position. Article 87.-Server and server covered by the public service career.- The provisions of this Title, the servers and servers that obtain permanent appointment by means of merit and opposition contest are protected. (a) to be held in office. The certificates of career issued prior to the validity of this Law will have full validity and effect. Article 88.-Of the loss of the public service career.- The quality of the servant or career server of the public service, is lost with the cessation of functions of the post by one or more of the causals mentioned in this Law.
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Article 89.-Additional guarantees.- In addition to the rights granted to them in Article 23 of this Law, and the servers (a) Stability in their posts shall be subject to the following additional guarantees: Only the causes determined in this Law will be removed by
and then the corresponding administrative summary; and,
b) Preferential law, in case of the deletion of its
current position, be moved to vacant posts of similar nature.
TITLE VII
EXERCISE OF THE ACTIONS AND
PRESCRIPTIONS
CHAPTER 1
OF THE YEAR OF ACTIONS
Article 90.-Right to sue.- The server or public servant, whether or not a career, will have the right to demand recognition and reparation of the rights enshrined in this Law, in the term of ninety days from the notification of the administrative act. Without prejudice to the constitutional actions he is entitled to. The complaint shall be filed with the District Court of the Administrative Accountant of the place where the contested administrative act originated or where the act has generated effect. This right may be exercised by the server or server, without prejudice to requiring the competent authority of the public entity to review the administrative act that damages their rights.
CHAPTER 2
OF THE EXPIRATION PRESCRIPTION
Article 91.-Rights Expiration.- The rights to sue referred to in this Law in favor of the public servant and server shall expire in the term of ninety days, counted from the date on which they were able to be effective, unless otherwise specified for the purpose. Article 92.-Prescription of actions.- The actions granted by this Law that do not have a special term, shall be prescribed in ninety days, which shall be counted from the date on which the server or server was personally notified to it. public with the resolution you consider to be harmful to you. They will also prescribe within ninety days the authority's actions to impose disciplinary sanctions under this Law and the sanctions imposed in each case, a term that will run from the date the authority had knowledge of the infringement or since the sanction was imposed. Article 93.-Statement of Prescription.- The competent justice administration body shall declare the prescription invoked by either party as an action or as an exception.
TITLE VIII
OF THE AGREEMENT SUBJECT OF REMUNERATION AND INDEMNITIES OF
PUBLIC SECTOR Article 94.-Scope.- The provisions of this Title are of mandatory application in the institutions, entities and public sector bodies determined in the Article 3 of this Law, with the exceptions provided for in this article and in general Law. Except for notaries or notaries, whose remuneration will be fixed by the Council of the Judicature, which will consider the ceilings and remuneration of the general scales in force in the public sector. Article 95.-Object.- This Title aims to unify and approve the income received by officials, authorities, officials, servants of the agencies and entities mentioned in the previous article, with the the purpose of rationalising and ensuring the transparency of the payment system, as well as achieving better levels of efficiency, effectiveness, productivity, competitiveness, solidarity, participation, opportunity and responsibility in the provision of public services.
TITLE IX
OF REMUNERATION
CHAPTER 1
UNIFYING REMUNERATION
Article 96.-Unified Monthly Remuneration.- In the entities, institutions, bodies, and legal entities established in Article 3 of this Act, establishes the unified monthly remuneration, the same one that results from dividing for twelve the sum of all the annual income that the dignitaries, dignitaries, authority, official, official, servant and server to which is entitled and that is they find budgeted. This unified monthly remuneration shall not include income corresponding to the following: (a) 10th salary; (b) 10th salary; (c) Viatics, subsences, allowances, supplementary hours and
extraordinary; (d) The reserve fund; e) Subrogations or charges; f) Fees for training; g) Variable remuneration for efficiency; h) Residency expenses; e, i) Geographical Bonification.
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Article 97.-Tenth third remuneration.-The servers of the entities, institutions, bodies or legal persons Under Article 3 of this Law, they are entitled to receive up to 20 December each year, a remuneration equivalent to one twelfth of all the remuneration they have received during the calendar year. If the server or the server, for any reason, is leaving or is separated from its work before the dates mentioned, it will receive the proportional portion of the tenth third remuneration at the time of the withdrawal or separation. Article 98.-Tenth remuneration.- The and the servers of the entities, institutions, bodies or legal persons mentioned in Article 3 of this Law, without prejudice to all the remuneration to which they currently have They will receive an additional annual bonus equivalent to a unified basic remuneration in force at the date of payment, which will be cancelled until 15 April of each year in the regions of the coast and island; and, until 15 August in the regions of the Sierra and Amazonia, in accordance with Article 113 of the Labour Code. For the case of the public servants and servants of the Special System of the Galapagos, two unified basic salaries will be paid. If the server or the server, for any cause, is leaving or is separated from its work before the dates mentioned, it will receive the proportional portion of the tenth fourth remuneration at the time of the withdrawal or separation. Article 99.-Reserve Funds.- The servers and servants of the entities, institutions, bodies or legal persons referred to in Article 3 of this Law, have the right to receive annually and from the second year by concept of reserve funds a unified monthly remuneration of the equivalent server to which it receives, in accordance with the relevant rules governing social security. Article 100.-Unification of the remuneration of those who make up the higher hierarchical level.-The unified monthly remuneration on the scale to be issued by the Ministry of Labor Relations is the income that they will receive. the President or President of the Republic, the Vice-President or Vice-President of the Republic and the other authorities and officials or officials holding posts in the higher hierarchical level of the Ministry of Relations Labour. The public servants who meet the characteristics and requirements to be considered of the higher hierarchical level will be incorporated in the degrees of valuation corresponding to them, after studies and the favorable opinion of the Ministry of Industrial Relations and the Ministry of Finance. The members of directories, administrators and those who exercise representation in these entities, companies or companies will have the quality of directors and will not link them with the relationship of labor dependency with them. The Ministry of Labor Relations may establish percentages derived from the scale of unified monthly remuneration of the higher hierarchical level, for the
determination of the unified monthly remuneration or for the calculation of complementary income of public servants or servants. Article 101.-Unified Monthly Remuneration Scale.- Changes in grades that make up the unified monthly remuneration scales and the structural levels of positions, which are occupied by servers and public servants, shall be approved by means of a resolution issued by the Ministry of Labor Relations, after a favorable report by the Ministry of Finance, in accordance with the provisions of Article 132 of this Law. Changes in the grades of the unified monthly remuneration scales and the structural levels of posts that are not occupied shall be approved by resolution issued by the Ministry of Labour Relations; provided that they do not violate acquired rights by public servants. Its subsequent review will be carried out whenever there are technical justifications and availability of State resources. Article. 102.-Determination of the remuneration.-The valuation ranges between the different functional levels and occupational groups that integrate the scales of unified monthly remuneration, will be established prior to the technical study by the Ministry of Labor Relations and the favorable opinion of the Ministry of Finance, according to the provisions of Article 132 of this Law. In the institutions in which there are different functional levels, occupational groups, ranks or hierarchies; the Ministry of Labor Relations, prior to the respective technical study, will issue the scale of unified monthly remuneration that (a) correspond to the institutional particularities Such a scale will be framed within the ranks of the public service's unified monthly remuneration scale. The Ministry of Labor Relations will set the salary scales of the Armed Forces and the National Police, respecting their institutional particularities; these scales will not exceed the ceilings and will not be lower than the established floor for the The scale of unified monthly remunerations of the and the public servants.
CHAPTER 2
REMUNERATION AND SUPPLEMENTARY INCOME REGIME
Article 103.-Of the remuneration system.- set of policies, rules, methods and procedures to rationalise, to harmonize and determine the remuneration of the servants of the entities and bodies referred to in Article 3 of this Law. Article 104.-Principles of public sector remuneration.-The posts shall be remunerated on the basis of a system which guarantees the principle that the remuneration of the servants or servants is proportional to their functions, efficiency, responsibilities
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and will value professionalization, training and experience, observing the principle that work of equal value is equal remuneration. Article 105.-Preeminence of the budget.- The rule, decision-making, staff action, or the contract setting the remuneration of a server or server, may not be applicable if the budget item does not exist with the availability Fund of funds. Article 106.-Payment for remunerations- The payment of remuneration shall be made by means of monthly payments due. Article 107.-First day of remuneration.-The remuneration shall be paid from the first day of the month following the date of registration of the appointment or contract, except where the date of the first working day of the month has been completed. In the case of two persons exercising the same post on the same day, and, that is on the first day of the month, the second shall be paid from the fees for the first month. The remuneration of the public servants and servants within the scale of the higher hierarchical level shall be paid from the day on which they commence the effective exercise of their duties. The remuneration of the members of the foreign service shall be paid from the day on which they leave the place of their destination. If they reside in the place of the exercise of their duties, they shall receive their remuneration from the day on which they begin to exercise them. Article 108.-Payment of Fees.-When, within a month, a post within the first paragraph of the previous article is vacant and the person appointed for that office shall enter the service after the first working day of that month, the payment of the services provided shall be proportional to the time actually worked and cancelled from the corresponding item. Without prejudice to the above, the rights of the servants and the servants shall be recognised from the first day of the performance of their duties. It will be done in the form of fees in relation to the time of work, applying the expenditure to the corresponding item. Article 109.-Application to the departure of staff expenditure.- If no funds are available under the specific item for payment of services rendered during a fraction of the month, such payment shall be made by that fraction applying to the budget item set for the purpose, within the staff expense group of the respective entity, in the form of fees. Article 110.-Payment up to the last day of the month.- The remuneration of the servant or servant who is in the exercise of a post shall be paid from the first day of the month, and up to the day of effective provision of activities, or up to the the last day of the month in which the separation of the Institution occurs, whatever the cause of the institution. As a result, the remuneration will not be fractionable within the same month between two persons, but the server will receive the full remuneration corresponding to the month in which the separation takes place. In the case of contracts, they will be subject to what they stipulate.
Article 111.-Creation of charge or increase in remuneration.- In case of creation of a new position or increase in the remuneration of an existing one, such creation and The increase will be subject to the existing budgetary rules. Article 112.- Of variable remuneration for efficiency.- These are variable and complementary remuneration mechanisms to the unified monthly remuneration, derived from productivity and performance in the performance of the post, for the Compliance with quantifiable objectives and targets in the achievement of products, quality of service, sales or control levels, which constitutes a complementary income and is not part of the unified monthly remuneration. For its recognition, the system of indicators approved by the Ministry of Labor Relations will be applied; and, it will be implemented only and exclusively in the entities, institutions, agencies and legal entities that are governed by this Law, and that, In advance, they obtain the corresponding certification of quality of service. Article.-113.-Of the geographical allowance.-Authorities and servants and public servants shall receive an additional monthly economic allowance for their unified monthly remuneration, for geographical circumstances of difficult access to their places of work, in application of the technical standard issued for the purpose of the Ministry of Labor Relations, after the budget opinion of the Ministry of Finance. This bonus is a supplementary income and is not part of the unified monthly remuneration. The server or server will receive it, as long as it is kept working in specific geographic locations determined by the Ministry of Labor Relations, under the responsibility of the Human Talent Management Unit of their compliance. In order to determine the places of difficult access, the following parameters will be taken into account: type of transport, frequency of transport, distance and cost of the passage. Article 114.-Payment for overtime or supplementary hours.- Where the institutional needs so require, and the corresponding budgetary resources are available, the appointing authority may provide and authorise the server or server of the entities and bodies referred to in Article 3 of this Law, to work up to a maximum of sixty overtime and sixty additional hours per month. The server or public servant shall not be required to work overtime or additional hours without the payment. The working day may, due to the need of duly justified public administration, exceed the limit of the ordinary day provided for in Article 25 of this law, provided that the authorization of the maximum authority of the institution or its delegate. They shall be considered as additional hours for those in which the server works justifiably outside its legal working day, for up to four hours after it, for up to a maximum of 60 hours per month.
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Extraordinary hours will be considered for those in which the server works justifiably outside of its legal working day, to from 24h00 to 06h00 during working days; and, during holidays and compulsory rest periods, for up to a maximum of 60 hours per month. Overtime and overtime shall not exceed, each, 60 hours in the month and shall be paid, respectively, with a surcharge equal to 25 and 60 percent of the monthly unified remuneration of the server or server. For the calculation of these hours, the remuneration to be paid by the public servant or servant corresponding to the day of the day shall be taken as the basis. The work that will be developed on Saturdays, Sundays or days of compulsory rest, will be paid with 100% surcharge and the work these days are part of the ordinary working day of five days weekly will be paid with a surcharge of 25%. Except for payments of such additional or extraordinary hours or work carried out on Saturdays, Sundays or compulsory rest days, to the servants and public servants holding posts within the scale
In
a server or server is required to work on the limits set forth in this article, it will be recognized for the payment of the additional hours worked, without prejudice to the penalties administrative, civil or criminal proceedings in respect of the authority which provided the measure.Article 115.-From the payment to the Armed Forces, National Police, and the fire corps.- The public servants and servants of the Armed Forces and the National Police in active service and the fire departments that, for their peculiarities and particularities in the exercise of the military, police and fire profession do not perceive extraordinary or supplementary hours, subrogation, commission or other economic benefits due to the concepts provided for in this law public servants and servants shall be entitled to the securities to which they may be held, on the basis of the resolution issued by the Ministry of Labor Relations for that purpose.
Article 116.-Prohibition.- To more than its budgeted remuneration, no server or servant of the entities and bodies referred to in Article 3 of this Law, may ask the State or private individuals, or accept them, for payment in money, species or other values, advantages or gifts, for the performance of their official duties. In the event that the server receives from the individuals some payment in money, species or other values for the fulfillment of their official duties, or accept from them gifts, to any pretext, benefits or advantages for themselves or for their spouse or living in union in fact, or relative to the fourth degree of consanguinity or second degree of affinity, shall be dismissed in accordance with the law, prior to the corresponding administrative summary, without prejudice to the civil or criminal responsibilities which correspond.
The competent official will immediately push the procedure leading to the removal of the post from that server and shall give an account of the fact, where appropriate, to the authority which issued the appointment or entered into the contract. Article 117.-Prohibition of pluriemployment and of perceiving two or more remuneration.-Without prejudice to the provisions of the Constitution of the Republic, to any degree, not even the contract of occasional services, commission or fees; a the authority, server or server shall receive two or more remuneration from functions, posts or jobs performed in the entities and bodies referred to in Article 3 of this law, which includes the public servants who designation or delegation are part of collegiate bodies and therefore no allowance will be made for the payment of their participation in the same or the granting of any other additional benefit. Except for the rule of the first indent, the fees and other emoluments collected by the servers, which, due to their knowledge or experience, are required to collaborate in training programs or training in the capacity of organizers, teachers, university teachers, professional musicians, instructors or facilitators, if such programs are developed or sponsored by an entity or body referred to in Article 3 of this Law, provided that there are availabilities The budget and the tasks are carried out outside the ordinary working day. Article 118.-Intransferability and non-payment of remuneration and pensions.- The remuneration and pension values of the servants, servers and workers subject to this Law are non-transferable and non-transferable, except for the payment of food due by law. All kinds of discounts on the remuneration of the public servant or servant, which are not expressly authorized by this or by law, are prohibited. Article 119.-Compensation for accidents at work or illness.-In the event of an accident at work due to occupational disease, caused by the performance of its function, which will cause a decrease in its performance capabilities of their work, shall be considered as laid down in Article 438 of the Labour Code and social security legislation. If the death or permanent incapacity is raised, the servant or servant or his/her heirs shall be compensated in accordance with the limits and calculations established for the case of the removal of posts. For the purposes set out in this Article, the presumption of the place of work shall apply from the moment when the servant or the public servant leaves his address to his place of work and vice versa. Article 120.-Remuneration and control arrangements.- The Minister of Finance and all officials authorized to discharge public funds shall be governed as regards the payment of remuneration for the provisions of this Law, without prejudice to the provisions of the law on the matter; and, it shall be the responsibility of the Comptroller's Office.
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General of the State and internal audits of each entity, monitor compliance with the respective legal norms. The remuneration reforms, required by the application of this Law and its regulations, will be subject to the principle that no server or server will suffer the loss of remuneration as a result of the classification of their position. Article 121.-Liability for undue payment.- The authority or official who holds the payment of remuneration to persons whose appointment, contract, transfer, increase of remuneration or license or in general any administrative act that has been effected in contravention of this Law or its rules of procedure, shall be personally and pecuniarily liable for the unduly paid securities. In the same way, the payers, treasurers or cash managers of the State institutions will incur payments in contravention of the provisions of this Law and its regulations, which are obliged to the immediate recovery of the money that such payments represent, plus legal interests. Article 122.-From the Budgets.- The General Budget of the State and the budgets of the entities and bodies referred to in Article 3 of this Law shall be drawn up and implemented, taking into account the provisions laid down by the matter. Article 123.-Viatics, mobilizations and subsences.- The regulations for the recognition and payment of viatics, mobilizations and subsences shall be issued by the Agreement of the Ministry of Labor Relations in accordance with the Law. Article 124.-Viatic for residence expenses.- The servants and servants who have their usual domicile, outside the city in which they provide their services, and for that reason must move their residence to another city in another province, Except for cases that the Ministry of Labor Relations may well approve, to cover housing expenses, they will have the right to a viatic who will not be able to exceed the three basic wages unified per month for workers in general. private sector, in accordance with the technical standard for the purpose of issuing this Ministry. Article 125.-Of the diets.- Those members, who do not receive income from the State and who are appointed as representatives or vowels to boards, boards, committees or collegiate bodies in general, of the institutions of the State, will have the right to receive allowances in accordance with the regulations which the Ministry of Labour Relations will issue for the purpose. Article 126.-Of the Subrogation.- When by law or by written order of competent authority, the server or the server must subrogate in the exercise of a position of the superior hierarchical level, the holder of which is legally absent, you will receive the difference in the unified monthly remuneration corresponding to the subrogation, for the duration of the replacement, from the date of the subrogation, without prejudice to the right of the holder.
Article 127.-Charge in vacant position.- The assignment of a vacant post is made by provision of the Law or by written order of competent authority. The server or server of the institution assumes the exercise of a managerial position located or not, on the scale of the higher hierarchical level. The order payment shall be made from the date on which the administrative act is executed, until the appointment of the post holder.
Article 128.-Of retirement.-The servers and servers of the institutions identified in the Article 3 of this Law, may qualify for final retirement when they have met the retirement requirements established by the Social Security Laws.
Article 129.-Benefit by retirement.- servers, of the entities and bodies covered by Article 3 of this Law, which are engaged in the benefits of retirement, they will be entitled to receive for one time five unified basic wages of the private worker for each year of service counted from the fifth year and up to a maximum of one hundred and fifty basic wages (a) the total private worker's unified, for the purpose of which, the corresponding budgetary reforms shall be carried out on the basis of the existing tax availability. This benefit can be paid with government bonds. The members of the Armed Forces and the National Police are exempt from this provision. Retirees and those who receive retirement pensions will only be able to re-enter the public sector in case of free appointment and removal posts and those within the higher hierarchical level as well as positions of retirement. university teaching and scientific research. In case of re-entry to the public sector, the retiree who has already received this benefit will not be entitled to receive it again.
Article. 130.-Of the technical standards for quality of service certification- The Ministry of Labor Relations shall issue technical standards for quality of service certification, for bodies, institutions and entities that are they are within the scope of this Law; rules that will be based on the following parameters: a) Compliance with institutional goals and goals
aligned with the National Development Plan;
b) Institutional Assessment, which provides for the assessment of its users and/or external clients; and,
c) Compliance of the technical standards issued by the Ministry of Labor Relations.
The technical standards for obtaining the quality of service certification, shall establish the period of validity of the certification, the same as may not exceed the time of the National Development Plan. The certification may be renewed in accordance with the provisions laid down for this purpose. Certification of quality of service will allow servers to work in an institution, body or
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certified entity, have the right to receive the variable remuneration set out in this Law. The quality of services certification in the Decentralized Autonomous Governments, their entities and special regimes, will be regulated through their own regulations.
TITLE X
MANAGEMENT, CONTROL AND REGULATORY AGENCIES REMUNERATION
Article. 131.-Of the management, control and regulation agencies of the remuneration.- They are agencies for the management, regulation and control of the remuneration of the dignitaries, authorities, officials and servants of the entities and bodies provided for in Article 3 of this Law, within the scope of its powers, the following: (a) The Ministry of Labour Relations; (b) The Ministry of Finance; (c) The Comptroller General of the State; and (d) The Council for Citizen Participation and Control
Social.
CHAPTER 1
OF THE MINISTRY OF FINANCE Article 132.-Powers of the Ministry of Finance in the field of this Law.- In addition to the legal privileges, which in matters of personnel expenses are established in the law, the Ministry of Finance shall exercise the following powers: a) Determine the general guidelines and guidelines of
budgetary implementation related to the personnel costs of all entities and bodies provided for in Article 3 of this Law;
b) Issuing to the Ministry of Labor relations, until
thirty days after the issuance of the budget guidelines for the budgetary pro forma of the year corresponding the guidelines and applications of the salary policy to be applied for the next the year and the projected economic resources, so that the resolutions of the Ministry of Labor relations, subject to the actual availability of the fiscal or state resources;
c) Issue the corresponding budget opinion,
after the study and analysis of the Ministry of Labor Relations related to personnel expenses of State institutions, in the cases established in this law;
d) Elaborate and maintain, in conjunction with the Ministry
of Industrial Relations, an updated system of information work on the number of public servants across the country and servers and servers, and workers of the private law entities in which the State has majority ownership.
TITLE XI
BREACH AND SANCTIONS
Article 134.-Failure to comply with the resolutions of the Ministry of Labor relations.- The appointing authorities of the Executive Function entities that commit economic resources related to personnel expenses, regardless of the policies and resolutions issued by the Ministry of Labor relations, will be dismissed and personally responsible and pecuniary, without prejudice to the administrative, civil and criminal responsibilities to which it has taken place. Any decree, agreement or resolution that violates this rule will be void. The entities shall execute the right of repetition against the responsible server, in accordance with the provisions of the Constitution of the Republic.
TITLE XII
OF THE LIFETIME PENSIONS OF PRESIDENTS AND VICE-PRESIDENTS
CONSTITUTIONAL OF THE REPUBLIC OF ECUADOR
Article 135.-From beneficiaries and pensions.- A monthly lifetime pension equivalent to seventy-five percent of the remuneration is fixed in force, in favor of the former Presidents and Constitutional Vice Presidents of the Republic, which They are elected constitutionally by popular vote and have been sworn in, with the exception of the presidents who are being revoked. The Vice President of the Republic who, in compliance with the Constitution, must assume the duties of the President of the Republic and who concludes the period for which they were elected, shall be entitled to the pension established in this title, corresponding to that of the President of the Republic. Article. 136.-Benefits to heirs.- The same right shall be recognised in favour of the legally recognised spouse or survivor in union of the beneficiaries referred to in the previous Article, in the event of death. In the absence of the spouse or survivor, creditors will be made to such benefit, children of age or older with severe disabilities, qualified by the corresponding entity.
GENERAL PROVISIONS FIRST.-The amount of the compensation, for the removal of consignments of the staff of the institutions, entities and bodies determined in Article 3 of this law, shall be equal to that indicated in Article 129 of this law. To those and the servers that work in the Province of Galapagos, under their special regime, they will be paid for the deletion of items, for once, according to the following mechanism: 1.-In order to obtain the amount corresponding to the floor will be observed the following: a) you will get the difference of the cost of the family basic basket of the Province of
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Galapagos with respect to the basic family basket of the continental Ecuador; b) once this difference has been obtained in percentage form, it shall multiply that percentage by the value of 5 unified basic wages of the private worker in general; (c) the value resulting from this second operation shall be added to the value of five unified basic wages of the worker in general, thus establishing the value to be paid for each year. (d) the value obtained shall be multiplied by the number of years of service in the public sector; 2. The final value shall in no case exceed the amount resulting from the following mechanism: (a) The difference in point (a) of the preceding subparagraph, in percentage form, shall be multiplied by the value of one hundred and fifty basic wages of the private worker in general; (b) the value resulting from this transaction shall be added to the value of one hundred fifty basic wages unified by the private worker in general.
The public servants who, by mandate of the provisions of the Constitution of the Republic, will become subject to the Labor Code to this law, will be recognized (a) the employer's pension to which they are entitled under the private employer scheme if, The current Constitution had more than thirteen years of service in the public sector. SECOND.-The dignitaries, authorities and officials who make up the superior hierarchical level, will not be charged with additional and extraordinary hours. It is the exception of the servers and servers of the race and the occasional contract of the Electoral Function, which if they will receive them for the duration of the electoral process, in the year that the popular elections are held. THIRD.- Nepotism, the special inability to default, the liability for undue payment, the pluriemployment, the inabilities; and, the prohibitions for public office, will constitute general application norms for all the entities and bodies disposed in the Article 3 of this Law. FOURTH.-For and public servants are mandatory rest days exclusively the following: January 1, Good Friday, May 1, May 24, August 10, October 9, November 2 and 3, and December 25. The dates of civic remembrance of independence or creation for each of the provinces and the creation of each of the cantons will be obligatory days of rest. In the provinces of the Amazon Region it will be considered a mandatory holiday on February 12. Except for the holidays specified in this Article, the other dates of civic recall do not exempt compulsory work. When the statutory holidays laid down in this Law correspond to Tuesday, Wednesday or Thursday, the rest will be moved to the Friday of the same week. The same criterion shall apply for holidays of a local nature, unless the representatives of the executive of the respective provinces or the Minister of the Interior have the transfer of another form. Except for this provision on 1 January, 1 May, 2 and 3 November and 25 December.
QUINTA.-As of the enactment of this Law, it shall be prohibited in the institutions, bodies and entities provided for in this Law. Article 3, in public undertakings and in commercial companies in which the State or its institutions have a majority shareholding, by any mechanism, mode or circumstance, the creation or establishment of supplementary allocations, pay compensation, additional benefits or special bonuses, in general any type of Additional to what is foreseen in this legal body, whether it is in money or in kind. Except as provided for in Article 5 of the Constituent Mandate No 2. SIXTH.-Failure of the policies, norms and technical instruments by the institutions, agencies and agencies of the State, will be communicated immediately by the Ministry of Labor Relations, to the respective authority nominator and the Comptroller General of the State, for the purpose of determining the responsibilities and penalties to be applied. In the case of the Autonomous and Decentralized Governments, their entities and special regimes, the control will be carried out by the Comptroller General of the State. SEVENTH-No server or server of the institutions referred to in Article 3 of this Law, as well as any person providing services in these institutions in any form, may receive a unified monthly remuneration less than the minimum set on the scales issued by the Ministry of Labor Relations, or higher or equal to that of the President or President of the Republic. Except for the maximum determined in this provision to the servants or servants of the Foreign Service, the Armed Forces and the National Police or other institutions of the State that are permanently in compliance with functions diplomatic, consular or aggregating abroad, representing Ecuador. Similarly, international researchers invited by Universities and Public Polytechnic Schools, to carry out professional training activities or scientific or technological research, are exempted from the study. the rule for which the Ministry of Labor Relations is issued by the Ministry of Labor Relations, and those fixed by the President of the Republic in accordance with the provisions of the Constituent Mandate No. 2. EIGHTH.-Managers and administrators and those exercising legal representation in public entities and companies or commercial companies in which the State or its institutions have a majority shareholding, as specified in Article 3 of This Law, will always have the capacity of leaders with the power to represent the organization, will be personally and financially responsible for the acts and contracts that they subscribe or authorize; and, they will not be able under any concept to benefit from the clauses of collective procurement, or other emoluments, compensation, bonuses or remuneration under any other denomination, other than fees or remuneration to be the case. NINTH.-It is established that the unified monthly remuneration of the servants and servants of the institutions referred to in Article 3 of this Law, while working in the public institutions of the province of regime
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, special to the Galapagos, will receive the unified monthly remuneration established in the valuation grades of the Current remuneration for Continental Ecuador, issued by the Ministry of Labor Relations, multiplied by two. DECIMAL.- The Ministry of Labor Relations will be able to intervene in the Human Talent Management Units of the Executive Function entities, through motivated control management reports and may establish responsibilities. and administrative penalties to be imposed, where they do not comply with the rules which the latter issue and the provisions of this Law. Administrative responsibilities and penalties shall be applied in respect of rights to defence and due process. TENTH FIRST.- The funds from fines and pecuniary penalties, imposed on the servants or public servants for disciplinary offences, shall be deposited in the single account of the institution, body or entity to which belongs to the server or the server; funds that will be used exclusively for the training and training of the servers of the institution. TENTH SECOND.- The servants and servants who cease to be legally submitted and accepted voluntary resignation, from the fifth year of service provided in the same institution, will receive more than the liquidation of haberes, a economic compensation, in accordance with the regulations and the amounts that the Ministry of Labor Relations will issue for the effect, prior to the fulfillment of the provisions of Article 132 (c) of this Law. The servants and servants who withdraw in compliance with the provisions of the first general provision shall receive a single compensation which shall be the same as that of the highest value, between those provided for in this provision and that laid down in that provision. Article 129 of this law and which may be paid with state bonds. The servants or servants against whom an administrative summary is being held and who submit their resignation shall not be eligible for this compensation, unless they are exempt from liability at the end of the procedure. TENTH THIRD- Public sector institutions are required to implement within their facilities the necessary physical infrastructure that allows the easy access and mobility of persons with disabilities, as well as to prioritize their attention. TENTH FOURTH- expressly prohibit the re-establishment, maintenance or creation of items or concepts that involve benefits of an economic or material nature not covered by this law, in relation to personnel costs of any nature, or under any name, with the exception of transport, food, nursery and uniform expenses, which shall be regulated by the standard which the Ministry of Labour Relations issues for the purpose. TENTH FIFTH.- No server or server of the institutions referred to in Article 3 of this Law, may perceive utilities in the entity where it works.
TENTH SIXTH.- Under the terms of the Mandate Constituent No. 8, all forms of precarization, such as labor intermediation and outsourcing in the own and usual activities of the institutions, agencies and companies of the State, or any other that affects the rights of the servers and servers. Failure to comply with this provision will constitute a cause for dismissal. TENTH SEVENTH.- The server or server, which permits the entry or promotion of persons in the public service, without the respective competition of merit and opposition being carried out or having been warned by competent authority, the (a) to pay the remuneration to a degree which does not correspond, omitting the technical standards which the Ministry of Labour Relations may issue for the purpose, as well as the competent authority of the Decentralised Autonomous Governments, their entities and schemes special knowledge of one of these facts, do not take corrective actions They shall incur administrative, civil and criminal liability, without prejudice to other actions which the Comptroller's Office may determine. Civil liability for the property damage caused to the institution also implies the return of the unduly paid in solidarity between the appointing authority and the beneficiary. TENTH OCTAVE.-For the application of this Law and its Regulation, the following concepts should be used as such: Dignataria/o.-It is the person elected by popular vote, for a fixed period to exercise the functions and duties established in the Constitution and in the Law. Teacher.-Every server or server legally appointed or hired to provide services exclusively of teaching in educational centers, universities and public Polytechnic schools; and, those of the National System of Public Education. It is the servant or servant who exercises a post, excluded from the career of the public service, of free appointment and removal by the appointing authority or fixed period, and her position is within the groups (i) occupational status of the level of unified monthly remuneration of the higher hierarchical level. Member in active service.-The server or server that carries out a military or police career within the Armed Forces, National Police or the Guayas Transit Commission. Workers/o.-All persons who in any form or any title work, under the regime of the Labour Code. Servant/or.-All persons who in any form or any title work, provide services or exercise a position or position, function or dignity within the public sector is or does not have free appointment and removal.
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TENTH NINTH.- Any server or server, which is within a process of clarification on the offences of harassment or aggression, must receive psychological support provided by the corresponding entity, during the resolution of the same. TWENTIETH.-Before the initiation of a preliminary inquiry or of a judicial or constitutional action that has as its cause the exercise of its functions, the maximum authority of the corresponding entity may provide that it will assume the sponsorship of the the public servant prosecuted or prosecuted, through the lawyers of the institution, as long as the action has not been initiated by the institution itself or by flagrant crime. If this is the case, external lawyers may be hired for this purpose. However, such sponsorship must cease when a preventive or self-calling prison is handed down for trial against the public servant. TWENTIETH FIRST.-Persons who, by legal standard in force at the date of their establishment have been beneficiaries of life pensions, will continue to receive them at the nominal value of the last month prior to the validity of this Law. TWENTIETH SECOND.-The servers and servers that exclusively integrate the Customs Surveillance Service of the Ecuadorian Customs Corporation and the control bodies, due to the characteristics of their position, the nature of the work and the security of their personal integrity, may be changed administratively to different units of the entity in the national territory and for periods according to the institutional needs. TWENTIETH THIRD.- The norms and policies issued by the Ministry of Labor Relations will be subject to the strict application of the Constitution, the international treaties and conventions ratified by Ecuador and the laws they establish rights for public servants and servers. Any stipulation that contradicts this provision will be considered non-existent, and in case of doubt it will apply the most favorable to the public servant. The authorities and officials of the Ministry of Labor Relations, which in the improper exercise of their powers, cause damages to the public interest or third parties, shall be administrative, civil and criminally responsible. The actions to demand compensation for damages will be brought before one of the Boards of the District of the Administrative Contentious; and, in order to order the defendant's compensation in judgment, the ruling will order the cash to be paid. Replay right against the or the responsible servers.
TRANSIENT provisions
FIRST.-From the issue of the Ministry of Labor Relations resolution, to be published in the Registry Official, containing the national level of unified monthly remuneration, will be effect all scales of remuneration, salaries or income in general which up to that date have been governed by the determination of the remuneration of the servants of the institutions, institutions and bodies referred to in Article 3 of the Law.
SECOND.- If, after the unification of the income of the dignitaries, authorities, officials, servants and workers of the entities and bodies provided for in Article 83 of this Law, their remuneration has been produced, their remuneration (a) unified or lower than determined in the grade or category corresponding to them in the National scales of unified monthly remuneration, the approval shall be made as of the enactment of this Law, according to the medium-term technical and economic plan of no more than two years prepared by the Ministry of Finance and the Ministry of Labor Relations, which must be properly financed in the General Budget of the State.
In the cases that are necessary and during the process of determining the remuneration scales, the the economic income received by the public servants and servants under this law. In the case of the Autonomous Decentralised Governments, their special entities and schemes, within the same period. THIRD.- In the event that the unified monthly remuneration of the public servants, is higher than the value indicated in the corresponding degree of the scales issued by the Ministry of Labor Relations, they will maintain this value. as long as they hold the posts, provided that their remuneration has been legally fixed. Once the post is vacant for the fulfilment of the fixed period or for any other causal and is occupied by the same or different person, the unified monthly remuneration of the same shall be adjusted to the expected value at the said scales. The public servants and servants who are within the public service career and who are promoted to a higher remuneration post shall immediately receive the new remuneration; in the event that the remuneration remains lower than that of the public service. to which it was receiving, the higher remuneration shall continue until it is adapted to the remuneration established in the degree of the respective scale, either by promotion or by the approval process if this is the case. In the cases provided for in the preceding cases, the value of the remuneration of the post shall not be increased until it is equated with the tables issued by the Ministry of Labour Relations. If the unified monthly remuneration of public servants of free appointment and removal is higher than the scales issued by the Ministry of Labor Relations, the Ministry of Labor Relations shall immediately adjust to those degrees. If the unified monthly remuneration of servants and public servants hired under the modality of occasional service contracts, is greater than that established in the degrees of valuation of the scales issued by the Ministry of Relations At work, the subscription or renewal thereof, if given, must be immediately adjusted to the values established by that Ministry, without prejudice to any actions which may be taken in the event of non-compliance with the legal rules in force on the dates of subscription of the respective contracts.
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FOURTH.- Within one year the Ministry of Labor Relations will issue the ministerial agreements to regulate the This law will be recognized in the form provided for in the regulations in force in each of the institutions of the State.
FIFTH.- The pending legal proceedings and the procedures Administrative authorities initiated prior to the issuance of this Law, shall continue to be substantiated until its conclusion, with the rules of the Organic Law of Civil Service and Administrative and Unification Career and Remuneration of the Public Sector, whose codification was published in the Official Register No. 16 of 12 May 2005 and their corresponding reforms.
SIXTH.-In case the Ministry of Labor Relations, through the evaluation and control of the Human Talent Management Units, determines that the ranking of posts is not subject to to this Law, its Regulation and the technical standard of the subsystem of classification of posts, will relocate to the public sector server or server to the extent of the scale that it technically corresponds to. The values of the new location will not be recognized retroactively. Relocation will not involve any reduction in remuneration, or the conculcation of rights acquired from public servants.
SEVENTH.-As an exception and for this occasion, persons who at this date maintain current contracts of occasional services for more than four years in the same institution, through renewals or signing of new contracts, prior to the competition of merit and opposition, in which they will be awarded an additional qualification that will be regulated in the regulation to this law, in function of the experience in the exercise of the office, they will enter directly to the career of the public service, at the same remunerative level as they were maintaining, by issuing the respective permanent appointment, provided that they are not those posts excluded from the career; without prejudice to the reclassification that the future could be made to place them in the appropriate degree and the actions that could be carried out in order to be the case, in view of the non-compliance with the legal norms in force, to the date of subscription of the respective contracts. Other servants who work with occasional service contracts in force at this date may continue to provide services; and their contracts shall be in accordance with the arrangements for occasional contracts referred to in this law. The educational institutions that are managed by the Armed Forces and the National Police, Civil Aviation, the Guayas Transit Commission, will become operational under the authority of the Ministry of Education. The administrative and service personnel who, at the time of the issuance of this law, are working in the institutions mentioned above, will be respected for their stability. Management staff must meet the requirements for the public education system to continue performing their duties.
EIGHTH.- For the purposes of compliance with the incorporation of persons with disabilities and those who The following progressive timetable will be observed: one percent in the year 2010, two percent for the year 2011, three percent for the year 2012, until the end of the year. Four percent in 2013. Persons who perceive the Joaquin Gallegos Lara Bonus shall not be included within the persons referred to for such purpose.
Within one hundred and eighty days as of the publication of this Law in the Official Registration, the Ministry of Labor Relations, will inspect all institutions and companies of the State for the purpose of issuing the first technical report on the compliance or non-compliance with the provision of employment insertion for persons with disabilities. NOVENA.- The Ministry of Labor Relations, within a period of not more than ninety days since the publication of this law, by resolution, will issue the salary scale of the teachers, educators for health, Ministry of Public Health, approved at the level of remuneration of the public sector; in accordance with its classification of posts and, preserving the stability of the teachers and the teachers according to the constitutional precepts in force. The health sector and the basic salaries in force in the health sector, scale categories, time dedication and factors shall be incorporated into the health course, until the approval process has been completed and the respective standard is issued.
The contracts that have been signed with medical professionals, dentists, nurses, medical technologists, obstetricians and psychologists (a) clinical trials, in which a working day of less than 8 hours has been established; retrained to set up an 8-hour working day. DECIMAL.- Within one year, counted from the enactment of this Law, the Autonomous Decentralized Governments will dictate and approve their regulations governing the autonomous administration of human talent, in which the remuneration scales and technical standards, in accordance with the Constitution and this Law. The gradual arrangements for equating remunerations which are set out in those regulatory instruments shall be as long as 31 December 2013.
FINAL PROVISIONS FIRST.- The provisions of this Law, as the character of Organica, shall prevail over the ordinary and organic which were issued prior to the validity of this Law and shall enter into force on the basis of their publication in the Official Register. SECOND.- In all the references made in this Law, the term "remunerations" is understood to be a Unified Basic Monthly Remuneration.
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THIRD.- In all legal provisions to say: National Secretariat for Administrative Development, SENDA; National Directorate of Staff, DNP; Office of Civil Service and Institutional Development, OSCIDI; National Council for Public Sector Remuneration, CONAREM, National Technical Secretariat for Human Resources Development and Public Sector Remuneration, SENRES, to say the Ministry of Industrial Relations. FOURTH.- In all the legal provisions it says: "Organic Law of Civil Service and Administrative and Unification Career and Approval of the Remuneration of the Public Service"; "of the Civil Service"; "to the Civil Service"; " of the public servants ";" official and servant ";" salary ";" administrative career ";" Ministry of Economy and Finance ";" Political Constitution of the Republic "; shall read:" Public Service Organic Law ";" Public Service ";" to the Service Public ";" of public servants and servants ";" server (s) and (or) server (s) "; "remuneration"; "Public Service Career"; "Ministry of Finance"; and, "Constitution of the Republic", respectively in their order.
DEROGATIONS In compliance with the provisions of Art. 39 of the Civil Code, expressly derogate from any legal provision that is opposed to the provisions of this Law. In all the laws in force, repeal the provisions related to the remuneration of the servants and servants working in the public sector and in the public service, which will be subject to this Law, its regulation and the Technical Standard that for the effect is issued by the Ministry of Labour Relations. Laws, regulations, rules, resolutions, agreements or any kind of provision recognizing bonuses, commissions or economic stimuli for the performance of years of service, for institutional anniversaries, shall be repealed. execution of the functions of each institution or by any other mechanism, mode or circumstance. Those that recognize the delivery of medals, buttons, rings, Christmas baskets and other material benefits that were contemplated for the public servants and servers are also repealed. The delivery of decorations or medals in the public sector is authorized, whose
maximum costs will be regulated through the rules that the Ministry of Labor Relations will issue for the effect. The delivery of bonds or economic acknowledgements is expressly prohibited, by promotions to all the institutions and servers and servers referred to in Articles 3 and 83 of this Law. The creation of budgetary allocations is authorized to cover exclusively the protocol expenses at national or international level that the President and Vice President of the Republic have to carry out, as well as those of those dignitaries and officials to be determined in the resolution to be issued by the Ministry of Labour Relations. In the Law of the Ecuadorian Medical Federation, promulgated in R.O. 876 of 17 July 1979, and its reforms, the words "4HD", in Article 33, were repealed in Article 33, the words "four hours maximum daily" and the words "six or more hours". daily is only permitted with university teaching at half time or part time; and General Fifth provision. In the Law on the Professional Exercise of Nurses, promulgated in R.O. 261 of 19 February 1998, Article 13 (c) is repealed. In the Law of Escalation of Physicians, promulgated in R.O. 984 of 22 July 1992, and its reforms, delete Articles 10 and 11. All the provisions relating to the working day of 4 hours in favour of doctors and dentists are repealed, with the exception of cases of dangerous or unhealthy work. All legal provisions establishing pensions are expressly repealed. For life. It shall govern only the provisions of Title V of this Law. The Organic Law of Civil Service and Administrative Career and Unification and Approval of the Remuneration of the Public Sector, published in the Official Register, is repealed on 12 May 2005.
Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, on the eleven days of August of two thousand ten. f.) Fernando Cordero Cueva, President. f.) Dr. Francisco Vergara O., Secretary General.
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