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Last reform published in the DOF on January 09, 2006
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
DECREE
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE CAREER PROFESSIONAL SERVICE LAW IN THE FEDERAL PUBLIC ADMINISTRATION IS EXPECTED; THE FEDERAL LAW OF THE FEDERAL PUBLIC ADMINISTRATION AND THE LAW OF FEDERAL BUDGET, ACCOUNTING AND PUBLIC SPENDING; AND THE PLANNING LAW IS ADDED.
ARTICLE FIRST.- The Law of the Professional Career Service in the Federal Public Administration is issued to remain as follows:
CAREER PROFESSIONAL SERVICE LAW IN FEDERAL PUBLIC ADMINISTRATION
TITLE FIRST
GENERAL PROVISIONS
Single Chapter
Of the nature and object of the Law
Article 1.- This Law aims to establish the basis for the organization, operation and development of the Career Professional Service System in the dependencies of the Centralized Federal Public Administration.
The state sector entities provided for in the Organic Law of the Federal Public Administration will be able to establish their own professional service systems career based on the principles of this Law.
Article 2.- The Career Professional Service System is a mechanism to ensure equal opportunities in access to public service based on the merit and in order to promote the development of the public function for the benefit of society.
The System will depend on the head of the Federal Executive Branch, it will be led by the Secretariat of the Civil Service and its operation will be in charge of each of the dependencies of the Public Administration.
It will be the guiding principles of this System: legality, efficiency, objectivity, quality, impartiality, equity, competence for merit and gender equity.
Article 3.- For the purposes of this Law:
I. System: Centralized Federal Public Administration Career Service;
II. Public Administration: Centralized Federal Public Administration;
III. Secretariat: Secretariat of the Civil Service;
IV. Council: System Advisory Board;
V. Committees: Technical Committees of Profession and Selection of each dependency;
VI. Registration: Single Register of Professional Public Service;
VII. Dependence: Secretaries of State, including its deconcentrated organs, Administrative Departments, and the Legal Department of the Federal Executive;
VIII. Catalogue: Catalogue of Posts of the Centralized Federal Public Administration, including its unconcentrated organs and Administrative Departments, and
IX. Public Server Career: A physical person who is a member of the Professional Career Service in the Federal Public Administration, who is a trusted position in some dependency.
Article 4.- Public career servers will be classified into any public servers and holders. The possible ones are those who, being of first level of income are in their first year of performance, those who have entered on the occasion of the exceptional cases that the article 34 points out and those who enter on the occasion of a convention.
The public race server will enter the system through a selection contest and can only be named and removed in the cases and under the procedures provided by this Law.
Article 5.- The System will comprise, based on the Catalog, the following ranges:
a) General Manager;
b) Area Director;
c) Subdirector of Area;
d) Head of Department, and
e) Link
The above ranges comprise the levels of attachment, counterpart, or any other equivalent, whatever the name is given to you.
The creation of new positions in the organic structures in functions equivalent to the previous ones, regardless of their denomination, must be approved to the ranks that this Act provides.
The Secretariat shall, in the field of its powers, issue the general criteria for the determination of the charges that may be of free designation.
These must meet the requirements that previously establish the dependencies for each position, and will be subject to performance evaluation procedures, not so to the recruitment and selection established by this Law.
Article 6.- Public free designation servers and the base workers of the Federal Public Administration will have access to the professional service of career, subject, where appropriate, to the recruitment, selection and appointment procedures provided for in this order.
For incorporation into the base worker's system it will be necessary to have a license or to have separated from the place that it occupies, not being able to remain active in both situations.
Article 7.- The Support Cabinet is the administrative unit attached to the Secretaries, Deputy Secretaries, Senior Officers, Unit Holders, Organ Holders Deconcentrates and equivalents to perform a charge or commission in the particular secretariats, coordination of advisors, social communication coordination and support services, of any level in accordance with the authorized budget.
Public servants who are part of the Support Gators will be freely appointed and removed by their immediate superior.
The structures of the Support Glows must be authorized by the Secretariat which will take into account at least the following criteria:
a) The budgetary capacity of the dependency, in accordance with the provisions of the Secretariat of Finance and Public Credit, and
b) The prohibition that these Support Gdones exercise attributions that by law compete with public career servers.
Article 8.- The System will not understand the personnel serving in the Presidency of the Republic, the Secretariat of Foreign Relations, the ranks of Secretaries of Office, Heads of Administrative Department, Deputy Secretaries, Senior Officers, Head or Head of Unit and Counterpositions; members of the Armed Forces, the Public Security and National Security System, the Service Mexican exterior and assimilated to it; teaching staff of the models Pre-school, basic, upper and upper secondary education; medical, paramedical and related groups, support cabinets, as well as those who are assimilated to a legal system of civil service career; and those who provide their services by contract, subject to payment for fees on the premises.
Article 9.- The performance of the public career service shall be incompatible with the exercise of any other charge, profession or activity that prevents or undermines the strict compliance with the duties of the public career server.
TITLE SECOND
OF THE RIGHTS AND OBLIGATIONS OF PUBLIC SYSTEM SERVERS
Chapter First
Rights
Article 10.- Public career servers will have the following rights:
I. Having stability and permanence in the service on the terms and under the conditions that this Act provides for;
II. Receiving the appointment as a Public Career Server once the requirements set forth in this Act are covered;
III. Perceive the corresponding remunerations of your charge, in addition to the benefits and stimuli that are provided;
IV. Access a different charge when the requirements and procedures described in this order have been met;
V. Receive training and update on a professional basis for the best performance of their functions;
VI. To be evaluated based on the guiding principles of this Law and to know the outcome of the examinations that you have supported, within a period of not more than 60 days;
VII. To be evaluated again after corresponding training, when in some evaluation has not been approved, in the terms foreseen in the present Law;
VIII. Participate in the Selection Committee when it comes to designating a public server in the lower immediate hierarchy;
IX. Promote the means of defense established by this Law, against resolutions issued pursuant to it;
X. Receive compensation in the terms of law, when dismissed unjustifiably, and
XI. Other than those arising from the provisions of this Regulation, its rules of procedure and other applicable provisions.
Chapter Second
Of The Obligations
Article 11.- They are obligations of public career servers:
I. Exercise its functions with strict adherence to the principles of legality, objectivity, impartiality, efficiency, and others that govern the System;
II. Perform your tasks with proper care and care, observing the instructions you receive from your hierarchical superiors;
III. Participate in the assessments established for your stay and development in the System;
IV. To support the objective elements necessary for the evaluation of performance results;
V. Participate in the mandatory training programs comprising updating, specialization, and formal education, without prejudice to other conditions of the performance to be covered, in terms of your appointment;
VI. Save information, documentation, and in general, from the issues you know, in terms of the law of the matter;
VII. Attend your tasks promptly and respect the schedule of activities;
VIII. Provide the necessary information and documentation to the designated official to fill in their temporary or final absences;
IX. Refrain from engaging in acts or omissions that put at risk the security of personnel, goods and documentation or objects of dependency or persons they are located there;
X. Excuse yourself of knowing issues that may involve conflict of interest with the functions that you perform within the service, and
XI. The others that point to applicable laws and provisions.
Article 12.- Each dependency shall establish the tasks inherent in the various charges to its membership, in accordance with this Law and its Regulations, without prejudice to the provided for in the Federal Law on Administrative Responsibilities of Public Servants and other applicable labor provisions.
THIRD TITLE
OF THE CAREER PROFESSIONAL SERVICE SYSTEM STRUCTURE
Chapter First
Preliminary Considerations
Article 13.- The System comprises the Human Resource Planning Subsystems; Income; Professional Development; Skills Training and Certification; Performance Assessment; Separation and Control and Evaluation, which are required below:
I. Human Resource Planning Subsystem. Determine in coordination with the dependencies, the quantitative and qualitative needs of personnel required by the Public Administration for the efficient exercise of their functions;
II. The Income Subsystem. It will regulate recruitment and candidate selection processes, as well as the requirements for applicants to join the System;
III. The Professional Development Subsystem. It will contain the procedures for determining the individual career plans of the public servants, in order to clearly identify the possible development paths, allowing them to occupy positions of equal or higher level. hierarchical and salary, subject to compliance with the requirements laid down; as well as the requirements and rules to be covered by the public servants belonging to the System;
IV. Capacity Building and Certification Subsystem. Establish the professionalization models for public servants, which allow them to acquire:
a) Basic knowledge about the dependency on which you work and the Federal Public Administration in your set;
b) The specialization, update, and formal education in the role played;
c) The skills and attitudes required to hold other positions of equal or greater responsibility;
d) The ability to overcome institutional, professional, and personally within the dependency, and
e) The skills required to certify the professional skills acquired.
f). The objective conditions to promote equal training opportunities for women and men.
V. Performance Evaluation Subsystem. Its purpose is to establish the mechanisms for measuring and assessing the performance and productivity of public career servers, which will in turn be the parameters to obtain promotions, promotions, prizes and stimuli, as well as guarantee the job stability;
VI. Separation subsystem. Takes care of the cases and assumptions by which a public server ceases to be part of the System or its rights are temporarily suspended, and
VII. Control and Evaluation Subsystem. Its objective is to design and operate the procedures and means to carry out surveillance and, where appropriate, correction of the operation of the System.
The Regulation will determine the bodies with which the Secretariat will operate one or more of the above processes.
It is up to the Public Administration to administer the System in the sphere of its competence based on the regulations issued by the Secretariat.
Chapter Second
Of The Functional Structure
First Section
From The Human Resources Planning Subsystem
Article 14.- The Secretariat will establish a Human Resources Planning Subsystem for the efficient exercise of the System.
Through its various processes, the Subsystem:
I. Will record and process the information required for the definition of the profiles and requirements of the charges included in the Catalog, in coordination with the dependencies. The Secretariat shall not authorize any charges that are not included and described in the Catalogue;
II. Operates the Registry;
III. Calculates the quantitative needs of personnel, in coordination with the dependencies and based on the Registry, considering the effects of the changes in organizational structures, rotation, retirement, and separation of public servants subject to this Law, so that the structure of the Public Administration has the number of public servants suitable for its proper functioning and, In line with the guiding principles of this System, promote and guarantee gender equity and allow the mobility of System members;
IV. It will develop prospective studies of the future scenarios of the Public Administration to determine the training needs that will require the same in the short and medium term, in order to allow the members of the System to cover the profiles demanded by the different charges set in the Catalog;
V. Analyse the performance and results of public servants and dependencies, by issuing the conductive conclusions;
VI. Will review and take into account for the planning of the human resources of the Federal Public Administration the results of the evaluations on the System;
VII. Realize any other studies, programs, actions, and works that are necessary for the purpose of this Law, and
VIII. You will exercise the other functions that you will point to this Law, your Rules of Procedure, and related provisions.
Section Second
From The Single Career Professional Service Registry
Article 15.- The Single Register of the Professional Public Service is a standard containing basic and technical information on human resources. Public Administration and is established to support the development of the public career server within the dependencies.
The personal data contained in it will be considered confidential.
Article 16.- The Registry will systematize information regarding human resource planning, income, professional development, training and certification of capabilities, performance evaluation, and separation of System members.
Article 17.- The Registry must include each public server that enters the System.
Registration data regarding the training and development process should be updated on a permanent basis. This information will allow you to identify the public server as a candidate to fill vacancies with a different profile.
Article 18.- The Registry will collect human resources information provided by the authorities or institutions with which agreements are signed, with the the purpose of allowing the temporary participation of candidates for public servants in competitions.
Article 19.- The System, in coordination with the dependencies, will record and process the information necessary for the definition of the profiles and requirements the charges included in the Catalog.
Article 20.- It will be a reason for the registration, the separation of the public server from the System for reasons other than the waiver.
Third Chapter
of The Income Subsystem
Article 21.- The applicant to enter the System must comply, in addition to what the respective call indicates, the following requirements:
I. To be a Mexican citizen in full exercise of his or her rights or abroad whose migratory status permits the function to be developed;
II. Not having been sentenced with a custodial sentence for criminal offence;
III. Having aptitude for the performance of their functions in the public service;
IV. Do not belong to the ecclesiastical state, nor be a minister of some worship, and
V. Not be disabled for public service or encounter any other legal impediment.
There will be no discrimination based on gender, age, different abilities, health conditions, religion, marital status, ethnic origin or social status. service membership.
Article 22.- Recruitment is the process that allows the System to attract applicants to a position in the Public Administration with the profiles and requirements required.
Article 23.- Recruitment will be carried out through open public calls to fill the first level of entry to the System.
This process will depend on the institutional needs of the dependencies for each fiscal year according to the authorized budget. In case of absence of places at this level in the dependencies, the call will not be issued.
Prior to recruitment, the Secretariat will organise induction events to motivate the approach of aspiring annual competition.
Article 24.- The selection mechanism to occupy non-first-level positions will be developed by the Committee in accordance with the procedures laid down in this Act, its Rules of Procedure and other relevant provisions.
Article 25.- The Committees must carry out the selection procedure to fill new creation positions, through public calls open.
Article 26.- In the case of filling vacant positions other than the first entry level, the Committees shall issue open public notice. For the selection, in addition to the general requirements and profiles of the corresponding charges, the trajectory, experience and the results of the evaluations of the public career servers should be considered.
Article 27.- Candidates for eventual public servants will only participate in the selection processes relating to that category.
In the case of public servants coming from institutions or bodies with which agreements are signed, they will not be able to outnumber those in the race who are find working in these places for an exchange.
Article 28.- Public and open call is understood to be addressed to public servants in general or to any interested party who wishes to enter the System, by means of a call published in the Official Journal of the Federation and in the modalities that the Regulation points out.
The calls will accurately indicate the positions subject to the competition, the profile to be covered by the applicants, the requirements and the general guidelines determine for the examinations, as well as the place and date of delivery of the relevant documentation, of the examinations and the failure related to the selection of the candidate finalists.
Article 29.- Selection is the procedure that allows you to analyze the ability, knowledge, skills, and experiences of the aspirants to enter the System. Its purpose is to ensure the access of candidates who demonstrate to satisfy the requirements of the position and to be the fittest to perform it.
The procedure will include general knowledge and skills examinations, as well as the assessment elements to be determined by the respective Committee and which justify the needs and characteristics required by the position to be met. These must ensure equal participation in opportunities where merit is acknowledged.
For the determination of the results, the Committees may be assisted by experts in the field.
Article 30.- The Secretariat will issue guidelines and guidelines for the elaboration and implementation of the evaluation mechanisms and tools that will operate the Committees for the various modalities of selection of public servants in accordance with the provisions of this Law and its Rules of Procedure.
For the ultimate qualification, the Committees shall apply these instruments, in accordance with the valuation rules or scoring system.
In any case, the committees will fight because the guiding principles referred to in Article 2 of this Law prevail.
Article 31.- The examination of knowledge, experience and fitness in the lower immediate positions of the vacancy will be important elements in the assessment to hold a public career position. The result of the examination of knowledge shall not be a single assessment element, except where applicants do not obtain a minimum approval rating.
Article 32.- Each dependency, in coordination with the Secretariat, will set the minimum qualification parameters to access the different charges. Candidates who do not comply with the minimum qualification established will not be able to continue with the following stages of the selection procedure.
On equal terms, the public servants of the same dependency will have preference, seeking the balance between both genders.
Article 33.- The candidates selected by the Committees will become creditors to the appointment as Public Career Server in the appropriate category. In the case of the first entry level, the designation shall be made for one year, at the end of which, in the event of satisfactory performance in the Committee's opinion, the appointment shall be granted in the category of liaison.
Article 34.- In exceptional cases and when the social order, public services, health, safety, or environment are endangered or altered zone or region of the country, as a consequence of disasters produced by natural phenomena, by chance or force majeure or there are circumstances that may lead to losses or significant additional costs, the owners of the dependencies or the Respective Chief Officer or counterpart, under his/her responsibility, may authorise the temporary appointment to fill a post, a vacancy or a new creation place, considered to be occupied by any public servant, without being subject to the recruitment and selection procedure referred to in paragraph 1. This Law. This staff will not create rights regarding the entry into the System.
Once the authorization has been issued, the Secretariat will have to be informed within a period of no more than 15 working days, informing the reasons for the authorization. exercise of this attribution and the timing of the attribution.
Chapter Fourth
From The Professional Development Subsystem
Article 35.- Professional Development is the process by which public career servers based on merit will be able to fill vacant positions of equal or greater hierarchy, in any dependency or in public entities and in the institutions with which there is an agreement for such purpose.
Article 36.- The Committees, in coordination with the Secretariat, will integrate the Subsystem of Professional Development and must, from the Catalogue, establish promotion and promotion trajectories, as well as their respective rules to be covered by public career servers.
Article 37.- Public career servers will be able to access a charge of the System of Greater Responsibility or Hierarchy, once the procedures of recruitment and selection contained in this Law.
For these purposes, the Committees shall take into account the score given to the public servant by virtue of their performance evaluations, promotions and results. training, certification, or other studies that you have conducted, as well as your own screening tests in the terms of the guidelines issued by the Committees.
To participate in the promotion processes, professional career servers must meet the requirements of the post and approve the tests that, for the case, establish the Committees in the respective calls.
Article 38.- Each Public Career Server in coordination with the corresponding Committee may define its career plan from the required profile for to carry out the various charges of interest.
Article 39.- Mobility in the System may follow the following paths:
I. Vertical or craft paths that correspond to the profile of the position in whose ascending positions, the functions will become more complex and more responsibility, and
II. Horizontal or side paths, which are those corresponding to other groups or branches of charges where equivalence conditions are met, approval, and even affinity, between the charges that are compared, through their respective profiles. In this case, public career servers that hold comparable positions will be eligible for side moves in other charge groups.
Article 40.- When for reasons of restructuring of the Public Administration, there will be no charges from the catalogue of posts and public servants of career. In its functions, the System shall endeavour to relocate them within the premises or in any of the entities with whom it maintains conventions, giving them priority in a selection process.
Article 41.- The public career servers, after authorization from their superior and the Secretariat, will be able to exchange their respective charges to relocate to another city or dependency. Charges must be at the same level and profile according to the Catalog.
Article 42.- Charges shall be related as a whole to the categories of salary that correspond to them, ensuring that between a lower and immediate charge higher, there are proportional and equitable wage conditions.
Article 43.- The dependencies, in accordance with the provisions that the Secretariat will issue to the effect, may conclude agreements with federal, state, and national authorities. the Federal District, and public or private bodies for the exchange of human resources once the required profiles are covered, in order to strengthen the process of professional development of the public career and to expand their experiences.
Chapter Fifth
The Capacity Certification and Training Subsystem
Article 44.- Skills Training and Certification are the processes by which public career servers are induced, prepared, updated and certified to perform a post in the Public Administration. The Secretariat will issue the rules that will regulate this process in the dependencies.
Article 45.- The Committees, based on the detection of the needs of each dependency, will establish training programs for the post and in development administrative and quality, for public servants. Such programs may be developed by one or more agencies in coordination with the Secretariat and should contribute to the improvement in the quality of the goods or services provided. The Committees must register their annual training plans with the Secretariat, which may recommend adjustments according to the needs of the System.
The Regulation will establish the required quality requirements for training and updating.
Article 46.- The training will have the following objectives:
I. Develop, complement, refine, or update the skills and skills required for the efficient performance of public career servers in your charges;
II. Preparing public servants for functions of greater responsibility or diverse nature, and
III. Certify professional career servers in the professional skills acquired.
Article 47.- The purpose of the training program is for public career servers to master the knowledge and skills needed for the development of their functions.
The update program is integrated with mandatory and optional courses as established by the Committees in coordination with the Secretariat. A score will be given to the public career servers that credit them.
Article 48.- Public career servers will be able to apply for their entry into different training programs in order to develop their own profile (a) professional and future-oriented positions within the public or private system (s) with which agreements are concluded, provided that they correspond to their career plan.
Article 49.- The dependencies, in accordance with the provisions that the Secretariat will issue, may conclude agreements with educational institutions, public or private research and agencies to deliver any training modality that helps to meet the institutional training needs of professional career servers.
Article 50.- The Committees in coordination with the Secretariat will determine by means of the form and terms in which the necessary institutional support will be granted professional career servers have access to or continue with their formal education, based on their assessments and in accordance with budget availability.
Article 51.- To the Public Career Server that has obtained a grant to conduct special training or formal education, the public will be awarded the facilities necessary for their use.
If the grant is granted by the agency itself, the Public Career Server will be obliged to provide its services for a period equal to that of the duration of the the grant or the funded studies. In the case of separation, before complying with this period, it must be reintegrated in proportion to the services provided, the expenses incurred by that concept to the dependency.
Article 52.- Professional career servers must undergo an assessment to certify their professional capabilities in terms of determine the Secretariat at least every five years. The evaluations shall demonstrate that the public servant has developed and maintains the profile and skills required for the performance of his/her position.
This certification will be an indispensable requirement for the permanence of a Public Career Server in the System and in its position.
Article 53.- When the result of the training evaluation of a Public Career Server is not approved, it must be submitted again. In no case shall it be carried out within a period of less than 60 calendar days and more than 120 days after the notification made to it of that result.
The dependency on which the public server belongs must provide you with the required training before the next evaluation.
If the evaluation is not approved, the Public Administration of the Public Administration will be separated from the Federal Public Administration and therefore will cause the Record.
Chapter Sixth
The Performance Evaluation Subsystem
Article 54.- Performance Assessment is the method by which qualitative and quantitative aspects are measured, both individually and collectively. compliance with the functions and goals assigned to the public servants, depending on their skills, capabilities and suitability for the position.
Article 55.- The Performance Assessment has the following main objectives:
I. Assess the behavior of public career servers in performing their duties, taking into account established programmatic goals, accomplished training, and contributions made;
II. Determine, where appropriate, the award of stimuli to the outstanding performance referred to in this Law;
III. porting information to improve dependency performance in terms of efficiency, effectiveness, honesty, quality of service, and aspects financial;
IV. Serving as an instrument to detect training needs that are required in the scope of the dependency, and
V. Identify instances of unsuccessful performance to take corrective action, in accordance with the provisions of this Act and its Rules of Procedure.
Article 56.- The stimuli to the outstanding performance consist of the net amount that is delivered to the Career Public Server in an extraordinary manner on the occasion of productivity, efficiency and efficiency.
Extraordinary perceptions in no case will be considered a fixed, regular or permanent income or form part of the salaries or fees that they perceive in form ordinary servers.
The Regulation will determine the granting of these compensations according to the level of compliance with the committed goals.
Article 57.- Each Committee shall develop, in accordance with the Rules of Procedure and the guidelines issued by the Secretariat, a draft award of recognitions, incentives and stimuli to the outstanding performance in favor of public servants of their dependency.
The Committee shall inform in the proposal its arguments and criteria invoked to justify its applications.
The dependency will make the assessment of merit for the granting of non-economic distinctions and the economic stimuli or acknowledgements other than the salary, with the basis for its budgetary availability. This is in accordance with the provisions of the Performance Compensation and Evaluation System.
They are considered subjects of merit, those public career servers that have made contributions or improvements to the procedures, to the service, to the image institutions or that stand out for the realization of outstanding actions. These will be settled in the Register and taken into account within individual development agendas.
Article 58.- The Committees in coordination with the Secretariat shall carry out the descriptions and evaluations of the posts that are part of the System. They will also establish the methods of assessment of personnel that best respond to the needs of the dependencies.
Performance evaluations will be a prerequisite for the permanence of a Public Career Server in the System and in your position.
Chapter Seventh
of The Separation Subsystem
Article 59.- For the purposes of this Law, separation of the Public Career Server shall be understood as the termination of his appointment or the situations in which he or she such appointment ceases to have its effects.
Article 60.- The appointment of professional career servers will cease to have effects without responsibility for the dependencies, for the following causes:
I. Renunciation by the public server;
II. Death;
III. Executed statement that imposes the public server a penalty that implies the deprivation of their freedom;
IV. For repeated and unjustified non-compliance with any of the obligations assigned to you by this Act;
The above valuation shall be performed by the Secretariat in accordance with the Rules of Procedure of this Law, respecting the public servant's assurance of hearing;
V. To be a creditor to sanctions established in the Federal Law on Administrative Responsibilities of Public Servants that involve separation of service or recidivism;
VI. Do not twice approve mandatory training or its second performance evaluation, and
VII. When the result of your performance evaluation is deficient, in the terms that you point to the Regulation.
The Chief Officer or his counterpart at the premises must give notice of this situation to the Secretariat.
Article 61.- The license is the act by which a Public Career Server, upon authorization of the Committee, may cease to perform its own functions. temporary charge, retaining all or some of the rights granted to it by this Law.
In order for an official to obtain a license he must have a stay in the System for at least two years and direct his written request to the Committee, with the good of the hierarchical superior. The opinion of the application shall be made in writing, on a reasoned and reasoned basis.
The unpaid licence shall not be longer than six months and may be extended only once for a similar period, except where the person is promoted. temporarily to the exercise of other commissions or authorized to train out of their place of work for a longer period.
The paid leave may not be longer than one month and will only be authorized for reasons related to the training of the public servant linked to the exercise of its functions or for reasons justified in the judgment of the dependency.
Article 62.- To cover the charge of the Public Career Server obtaining a license, a Public Career Server will be appointed to act on a provisional basis. The designation of the public servant in charge shall be made in accordance with the regulatory provisions.
Those professional career servers that take over another role should receive additional scoring in their performance evaluation.
Article 63.- Service membership does not imply the immobility of public career servers and other categories in public administration, but if guarantees that they may not be removed from office for political reasons or for reasons and procedures not provided for in this or other applicable laws.
Eighth Chapter
From The Control And Evaluation Subsystem
Article 64.- The Secretariat with support from the dependencies will establish mechanisms of evaluation on the operation of the System in order to have elements sufficient for its proper improvement.
Article 65.- The evaluation of results of the training programs to be delivered based on the performance ratings of the servers public who participated, seeking the development of training in the proportion that identified deficiencies.
Article 66.- The Committees shall develop the necessary information to enable the Secretariat to evaluate the results of the System operation and issue reports on the behavior observed in each of the Subsystems.
Chapter Ninth
From the System Organic Structure
First Section
From the Secretariat
Article 67.- For compliance with the provisions contained in this order, the System shall have the following organs:
The Secretariat: is responsible for running System operation on all dependencies.
I. The Council: it is an instance of support from the Secretariat, which is intended to make general recommendations, to take a view on the guidelines, policies, strategies and lines of action to ensure and facilitate the development of the System, and
II. The Committees are collegial bodies, responsible for operating the System in the dependency that corresponds to them based on the regulations issued by the Secretariat for these effects.
Article 68.- The Secretariat will be responsible for directing, coordinating, monitoring and evaluating the functioning of the System in the dependencies and will monitor their guiding principles are duly applied in the development of the System, in accordance with the provisions of the Law, its Rules of Procedure and other applicable provisions.
Article 69.- The Secretariat will have the following powers:
I. Issue the criteria and establish the general system programs, for gradual, flexible, decentralized, comprehensive and efficient implementation;
II. Draw up the annual budget for the System operation;
III. Manage the System assets and resources;
IV. Issue the organization manuals and procedures required for the operation of the System;
V. Dictate the rules and policies that are required for the operation of the System, in line with the guidelines established in the Federal Government's programs;
VI. Follow up the implementation and operation of the System in each dependency and, if necessary, dictate the necessary corrective measures, taking appropriate action on those acts and omissions that may constitute administrative responsibilities;
VII. Approve the constitution or disappearance of the Committees;
VIII. Approve the rules, acts of general character and restructuring proposals that the Committees of each dependency issue for the exact fulfillment of the provisions of this Law, having to point out in their Regulation which ones they require of such approval;
IX. Approve the assessment and scoring mechanisms and criteria;
X. Resolve the inconformities that are presented in the System operation;
XI. Promote and approve training and updating programs, as well as the planning of specialization courses in cases that the Regulation points out;
XII. To establish the mechanisms that it deems necessary to capture the opinion of the citizenry regarding the functioning of the System and the improvement of the services provided by the agencies from its implementation, as well as to advise on National or foreign higher education institutions, specialised companies or colleges of professionals;
XIII. To periodically and selectively review the operation of the System in the various dependencies;
XIV. Apply this Law for administrative purposes by issuing mandatory criteria on this and other provisions on the subject, for the regulation of System;
XV. Order the publication in the Official Journal of the Federation of the general provisions and agreements that you make;
XVI. Approve the charges that by exception, are of free designation;
XVII. Dictate the necessary agreements to make the previous attributions effective, and
XVIII. Other as set forth in this Act, its Rules of Procedure and applicable provisions.
Section Second
The Advisory Council
Article 70.- The Council is a support organ for the System. It shall be composed of the head of the Secretariat, the officials of each Subsystem, the presidents of the technical committees of each department, and representatives of the Secretariat of Government, Finance and Public Credit and Labor, and Social Welfare, will also have a representative of the social, private and academic sectors, at the invitation of the other members.
They are Council attributions:
I. Know and review the System's Annual Operational Program in the process of following up on its compliance and compliance in the areas of Public Administration;
II. To discuss the guidelines, policies, strategies and lines of action that ensure and facilitate the development of the System;
III. Study and propose modifications to the positions catalog and tab;
IV. Propose evaluation and scoring mechanisms and criteria;
V. Recommend training and upgrade programs, as well as the development of specialization courses;
VI. Agree to guest participation in Council sessions, and
VII. Those arising from the provisions of this Law, its Regulations and other applicable provisions.
Article 71.- The Council shall be chaired by the holder of the Secretariat and shall have a Technical Secretary.
Third Section
From the Technical Committees on Profession and Selection
Article 72.- Each dependency will install a Committee that will be the specialized technical body responsible for the implementation, operation and evaluation of the internal market. It will also be responsible for planning, formulation of strategies and prospective analysis, for the improvement of the human resources of the agencies and the provision of a better public service to the society. specialists from higher education institutions and from specialised, national and international civil society and associations.
Article 73.- The Committees are responsible for planning, organizing, and imparting general induction and induction to the post. To this end, they will be able to coordinate courses with higher, technical and higher education institutions.
Article 74.- The Committees shall be composed of a career official representing the human resources area of the dependency, a representative of the Secretary and Senior Officer or equivalent, who will chair it.
The Committee will act as a Selection Committee when the accession procedures are developed. In replacement of the Chief Officer, the immediate superior will participate in the immediate superior of the area in which the institutional need has been registered or the vacancy, who will have the right to vote and to oppose its reasoned veto to the selection approved by the other members. In these acts, the representative of the Secretariat shall certify the development of the procedures and their final result.
Article 75.- In each dependency, the Committees will have the following attributions:
I. Issue general rules and dictate acts that define the modalities through which the System is implemented, according to the needs and characteristics of the institution itself, in accordance with the guidelines of the Secretariat, this Law and provisions that emanate from it;
II. Approve, in coordination with the Secretariat, the charges that by exception are of free designation;
III. Develop and issue calls for tender charges;
IV. Propose to the Secretariat specific policies and programs for income, development, training, evaluation and separation of personnel from their dependency, in line with the processes established by this Law;
V. Conduct forward-looking studies and strategies in terms of productivity, in order to make the public function more efficient;
VI. Develop training programs, specialization for office and administrative development, product of performance evaluations, and according to Detection of the needs of the institution;
VII. Apply examinations and other selection procedures, as well as assess and determine the people who have been successful in the contests;
VIII. Develop the project to grant recognition, incentives and incentives to the outstanding performance in favor of public servants of their dependency;
IX. Determine the origin of the separation of the public servant in the cases established in the fourth part of Article 60 of this order and to process the authorization before the Federal Court of Conciliation and Arbitration, and
X. The others that are derived from this Act and its Regulations.
TITLE FOURTH
Chapter First
of Revocation Facility
Article 76.- Against the decisions that fall under the selection procedure under the terms of this Law, the person concerned may bring proceedings before the Secretariat, revocation appeal within the term of ten days from the next day on which the knowledge is made, the name of the aspirant who obtained the highest qualification in the selection procedure.
Item 77.- The revocation facility will be processed according to the following:
I. The advocate will interpose the appeal in writing, expressing the act that challenges, the grievances that were caused and the evidence it deems relevant, always and when related to the controversial points;
II. The evidence to be offered must be related to each of the contested facts, the confessional evidence being inadmissible by the authority;
III. The documentary evidence shall be held for not being offered, if it is not accompanied by the document in which the appeal is lodged, and shall only be obtained by the authority, where the documents are in the file in which the decision is being taken;
IV. The Secretariat may request that the reports it deems relevant be held by those who have intervened in the selection procedure;
V. The Secretariat shall agree on the admission of the resource and the evidence that has been offered, ordering the discharge within the time limit. 10 working days, and
VI. Due to the time limit for test performance, the Secretariat will dictate the resolution that proceeds in a term that will not exceed fifteen business days.
Article 78.- The revocation appeal contained in this Title shall be exclusively in the correct application of the procedure and not in the criteria of assessment to be implemented.
Individual labor conflicts will not be the subject of this resource.
The Federal Administrative Procedure Act shall be applied in an additional manner to the provisions of this Title.
Chapter Second
From Competencies
Article 79.- The Federal Court of Conciliation and Arbitration shall have jurisdiction to hear about individual conflicts of a working nature that arise between the public servants and dependencies subject to this Act.
In these cases, the Federal Labor Law will apply to the State Service and will supplement the Federal Labor Law.
Article 80.- In the case of administrative disputes arising from the application of this Law, it is necessary to know them and to resolve them to the Federal Court of Justice. Tax and Administrative Justice.
TRANSIENT
Article First.- This Law will take effect from one hundred and eighty days after its publication in the Official Journal of the Federation.
Article Second.- The Regulation of this Law shall be issued within a period of no more than 180 days from the entry into force of this Law.
The Council shall be integrated no later than 45 days after the entry into force of this Law.
Article Third.- At the entry into force of the Law, all public servants of trust in functions subject to it, will be considered public servants of free designation, as long as the evaluations determined by the Secretariat are carried out, in coordination with the agencies, for their entry into the System.
For these purposes, the dependencies must provide training courses in the subjects that are the subject of the charge.
No public trust-based server subject to this Law may be considered a Public Career Server before two years from the entry into force of this Law.
Article 4.- Each dependency, according to the criteria issued by the Secretariat, will initiate the operation of the System in a gradual manner, subject to the study that is performed on the characteristics, particularities, conditions, requirements and profiles that make up the structure of the respective dependency, without exceeding the maximum time limit set out in the following paragraph.
The System shall operate in its entirety in a period not exceeding three years from the commencement of this Law.
Once the Rules of Procedure have been published, all vacant posts must be assigned through public and open competitions as long as the Registry does not operate in full. From the following fiscal year to their publication, the first entry contests will be called in the terms of this Law.
The violation of this provision will be the responsibility of the public servant who has authorized appointments without adhering to the entry process contained in the This Act shall give rise to immediate nullity.
Article Fifth.- The public servants of the dependencies that on the date of entry into force of this Law have in operation a system equivalent to that of the Professional Career Service that is based on provisions that do not have the rank of law, shall be subject to this order within 180 days from the initiation of its validity.
In order not to hinder the establishment and operation of the System, the Committees of each dependency may function temporarily without staff of the dependency, Until these servers are counted on the dependency itself.
Article Sixth.- The Secretariat of Finance and Public Credit will make the necessary forecasts in the annual draft budget of the Federation for to cover the fees arising from the application of this Law from the budget of the premises.
Article Seventh.- The provisions that are opposed to this decree are repealed.
The Agreement establishing the Inter-secretarial Commission of the Civil Service as an Instrument for Coordination and Counseling of the Federal Executive for the Establishment of the Civil Service of the Federal Public Administration, published in the Official Journal of the Federation on June 29, 1983 and the Rules of Procedure of the Inter-secretarial Commission of the Civil Service published in the Official Journal of the Federation on June 19, 1984. References to this Commission shall be construed as being made to the Secretariat of the Civil Service.
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Mexico, D.F., at 3 April 2003.-Dip. Armando Salinas Torre, President.-Sen. Enrique Jackson Ramirez, President.-Dip. Maria de las Nieves García Fernández, Secretary.-Sen. Yolanda E. González Hernández, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the nine days of April of two thousand three.- Vicente Fox Quesada.-Rubrias.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.
