Key Benefits:
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Article 1.- The designation of personnel budgeted or contracted from the Executive, Electoral Court, Court of Accounts, Administrative Dispute Tribunal, Autonomists, Decentralized Services and Departmental Governments on the "A" (Professional Technician), "B" (Technical), "C" (Administrative), "D" (Specialized), "Services"
| A) | The designating agency will previously communicate to the National Civil Service Office the needs of personnel that motivate the application, as well as the description and requirements of the position or function to be provided; |
| B) | Within the ninety days of receipt of such a request, the National Civil Service Office will report whether in the register of staff to redistribute there are officials who meet the required requirements. If so, it will propose the redistribution of such personnel, which will be carried out in accordance with Chapter III rules; |
| Once the deadline has not been issued by the National Civil Service Office or if it has stated that it does not have in its registers suitable personnel, the applicant agencies will be free to designate for that case and in the "A" (Professional Technician), "B" (Technical), "D" (Specialized) and "E" (Offices), to persons who are not public officials | |
| C) | Without prejudice to the above provisions, the National Civil Service Office may previously undertake studies to decide on the basis of necessity that motivates the application, informing its opinion to the requesting agency and the Executive Branch. In this case, it will be communicated to the Agency concerned and the period of subparagraph B will be extended to one hundred and eighty days. |
| D) | The designations shall comply with the requirements of Article 42 of Law 16.095of 26 October 1989. |
| E) | New officials may not be appointed within twelve months prior to the end of each government period. |
| F) | The General Account of the Nation, the Central Accounts of the Ministries and other bodies covered by this law, shall not include in the budget tables the decrees resulting from the designations made, without having complied with the provisions thereof. |
| G) | The Civil Service Office will publish in a semi-annual manner, in two newspapers of national circulation, the number of designations and cessations of officials performed in the period, as well as the total number of them. For this purpose, it is empowered to directly require, to all agencies covered by this law, the necessary information for this purpose, which should be provided to it. |
Article 2.- The designations may not be for officials appointed under the protection of the exceptions set out in Article 4 as well as for officials of the Legislative and Judiciary Branch, as long as they have an anti-gunit less than four years.
Article 3.- For purposes of Article 1persons whose contracts for entry to the public service had been entered into before 13 March 1990 would be considered public officials once their contracts were renewed.
Article 4.- They will not govern the demands of Article 1 in the following cases:
| A) | The budgeted charges or contracted functions of the Ministry of Public Health, the National Institute for Children and the Hospital of Clinics of the University of the Republic, except for those corresponding to the "C" (Administrative) and "F" (Aid Services); |
| B) | Recruitment of temporary or drawn personnel of the Ministry of Transport and Public Works which are governed by the provisions of the Article 362 of the Law 15,809of 8 April 1986 and the Mortgages Bank of Uruguay, according to the Article 615 of the Law 15,90310 November 1987; |
| C) | Recruitment of personnel of the General Directorate of Air Infrastructure, according to the Article 53 of Law 13.737, January 9, 1969 and Marineros de Playa de la Prefectura Nacional Naval according to the Article 79 of Decree Law 14.252of 22 August 1974; |
| D) | Recruitment of personnel for technical or specialized functions, for programmes with external financing, of international or similar agencies, where necessary for their implementation. |
| E) | The technical or specialized positions or functions, corresponding to the implementation of agreements between the University of the Republic and national public or private bodies. |
| F) | Designations and contracting by the Bank of the Eastern Republic of Uruguay, pursuant to the provisions of the Article 39 of Act No. 16.002of 25 November 1988. |
| G) | The budgeted charges or contracted functions of the departmental governments that are provided with persons, who have been officials of the same, were dismissed from 15 February 1990. |
| In any case of designation under these exceptions, which entails the entry of a person who does not qualify as a public official, the previous report of the National Civil Service Office shall be preceptive. |
Article 5.- Income to the public function in the telephones A, B, C, and D, under the exceptions provided for in the Articles 1 and 4Âo, it can only be done through the competition of oposition and meritos, or of merits and proof of fitness.
Article 6.- The Ministry of Public Health shall be exempt from the application of the provisions of Article 5, except with reference to staff belonging to the C and F scales. The designations of its staff shall be governed by their special provisions requiring the examination without prejudice to the provisions of the Constitution. Article 74 of Act No. 16.002of 25 November 1988.
Article 7.- The appointments of new staff members who are in contravention of the rules of this chapter shall be null and void, without prejudice to the responsibility in which the appointing scissor has incurred.
Article 8.- The promotion is the promotion or advancement in the administrative career of the staff member consisting of the selection, for each position, which best meets the requirements of the staff member, determined by his technical description.
Together with such requirements, the right to ascend is the juridical situation of interés legÃtimo consistent with the power to compete to prove that it is the most suitable and, in such case, to be appointed in the position to provide, in accordance with the rules of law and good administration.
Article 9.- The promotions of public officials of the Executive, the Judiciary, the Electoral Court, the Court of Accounts, the Administrative Court, the Autonomous Entities, the Decentralized Services and the Departmental Governments, shall be carried out on a scale or occupational group and a series of positions without the need for a degree to a degree, except as provided by special laws.
Article 10.- In the Central Administration, the Executive Branch, in addition to making promotions within each subparagraph and scale and in accordance with the preceding section, may, with the advice of the National Civil Service Office, be made available within one or more executing units, as justified by the minor or largest number of staff members.
Article 11.- The promotions will be carried out by competition of doctors and antecedents or contest of oposition and masters, according to the corresponding regulations or statute.
It is understood by the examination of merits and background that establishes the order of the applicants based on the score assigned in the qualification, which will be done, by its order, in function of the masters, the training and the antigÃ1⁄4edad, weighted according to the regulation that the executive branch will dictate with the advice of the National Office of Civil Service, astutarian.
It is understood by the contest of oposition and masters that computes, in addition, the score tests of aptitude and other elements of judgment relevant to the evaluation of the aspirants, which in each case should be established in a precondition.
The executive branch and the organs with statutory competence shall notify the General Assembly of the regulations governing this matter.
Article 12.- In each contest, a court shall be composed of a minimum of three persons of recognized suitability. One of them elected by the officials shall act in representation of the same. The executive branch and the organs with statutory competence shall regulate the integration and functioning of the court.
Article 13.- The executive branch and those with statutory competence shall regulate the qualifications system, based on criteria for rejecting primary evaluations when concentrated on a limited range of points, not allowing for adequate discrimination among staff members.
Article 14.- The Executive Power, with the advice of the National Civil Service Office, shall regulate the systems of qualifications and promotions in the Central Administration, on the basis of the criteria of this law, within a period of one hundred and twenty days after its validity.
Agencies Article 220 of the Constitutionwith the exception of those mentioned in the following paragraph, as well as the Departmental Governments, will project and approve their qualifications and promotions standards, with the advice of the National Civil Service Office and following the criteria of this law, within a period of one hundred and twenty days from its validity, giving account to the General Assembly.
The Autonomists and Trade and Industrial Decentralized Services shall regulate their qualifications and promotion systems with the advice of the National Civil Service Office, according to the particular characteristics of each agency and the general criteria of this law, within a period of one hundred and twenty days from its validity, giving account to the General Assembly.
Article 15.- The redistribution of officials will be the responsibility of the National Civil Service Office. Such redistribution cannot mean in any case, against functional rights.
Article 16.- The staffing requirements of the Public Administration shall be covered by officials declared surplus of the Legislative Power, Executive Power, Judiciary, Electoral Court, Court of Accounts, Administrative Disputes Tribunal, Autonomous Entities and Departmental Governments, whether budgeted or contracted on a permanent basis, of the civil scales. The officials of the teaching staff and the Foreign Service cannot be declared surplus, as well as those who are in political positions and of particular confidence.
The respective hierarchs will communicate the needs of existing staff according to the approved office structure, as well as the additional staffing requirements, to the National Civil Service Office, which will be empowered to implement the necessary mechanisms to meet them, prior to the relevant studies.
Article 17.- The declaration of surplus shall be resolved by the most immediate hierarch as a result of a restructure or deletion of services, duly founded. It may also be declared surplus, for other reasons, that officer who gives his express consent to the redistribution.
Such a declaration of surplus shall be communicated to the National Office of Civil Service, who, after the respective studies, shall proceed to the staff member ' s inclusion in the number of staff to be redeployed.
Article 18.- After the period of twenty-four months from the date of inclusion in the corresponding number, without the staff member being able to be relocated, the effect of the declaration of surplus will expire.
The staff member shall be excluded from the respective payroll and may not be re-declared surplus but until after six months after the date on which he was produced.
Article 19.- The staff member included in the staff payroll should continue to work in the body where he has been declared surplus, or remain in order in the event of suspense or derogation from the service, until he begins to perform functions in his new assignment.
The National Civil Service Office will implement the necessary mechanisms for the staff member to perform tasks in the agency that has accepted his services, prior to the incorporation resolution.
Article 20.- The declaration of surplus shall not affect the rights, guaranties and duties of the official inherent in the relationship with the office of origin, until the time of its final incorporation.
Article 21.- The addition of the staff member declared surplus in the duty station office shall be decided by the respective staff member. The National Office of Civil Service, General Account of the Nation and Office of Planning and Budget will jointly project the corresponding incorporation resolutions.
Article 22.- Once the incorporation, the redistributed charge or function and its endowment result, they must be suppressed in the distribution of origin, and enabled in the destination. The staff member ' s inclusion in the respective budgeted duty station should be carried out in the 60-day period from the approval of the administrative act of incorporation.
For the purposes indicated above, the General Account of the Nation and the Office of Planning and Budget will apply, as appropriate, the relevant budgetary mechanisms.
Article 23.- On the occasion of projecting the incorporation resolution for the empowerment of the position or function referred to in the preceding article, the corresponding retribution should be set according to the following bases:
| A) | Redistribution cannot mean in any case a decrease in the retribution that the official perceives at the time of its incorporation. It will not be applicable Article 105 of Special Law Decree No. 723 December 1983. |
| B) | The budget provision should be made in response to the comparison of the corresponding remuneration in the duty station with which it perceives in the home office. |
| If the person who is responsible for the post or function in the duty station is equal to or greater than the staff member receives in the office of origin, it shall be assigned here. If less, the resulting difference will be treated as compensation to the staff member, and in all cases it will lead to increases set for the basic salary. |
Article 24.- If, as a result of the redeployment, the staff member should provide services outside the habitual place of residence, his or her express consent should be obtained previously.
Article 25.- In the determination of the position to be taken by the staff member to incorporate, the scale, degree and denomination of the position in which he was in the office of origin will be considered, as well as the tasks that he performed, in which case the change of scale can be made when they justify it.
Article 26.- They may request their inclusion in the number of staff to redistribute, staff dependent on the organs or entities mentioned in the staff member ' s list. article 16 to prove:
| (1) | To give the necessary conditions to occupy a contracted position or function of the "A" (Professional Technician) and "B" (Technical) telephones provided for in the Articles 29 and 30 of Law 15,809of April 8, 1986, in the Articles 3 and 4 of Law 15,851of 24 December 1986, possessors of enabling titles that do not constitute a requirement to perform the position or function in which they review and whose knowledge could not be properly applied in the agencies where they perform functions. |
| (2) | Who possess knowledge, skills or skills to perform positions or functions of the "D" (Specialized) and "E" (Offices) scales provided for in the Articles 32 and 33 of Law 15,809 and may not be properly applied in the institution where they provide services. |
Article 27.- The jerarca, following a report of the National Civil Service Office, the General Account of the Nation and the Office of Planning and Budget in its case, has, in the administrative act of incorporation, the modification of the name of the position or function and of scale according to the previous article.
In the case of staff engaged in permanent service functions, the new functions that will be assigned to them in the assignment of duty shall be established.
Article 28.- They should be included in the number of staff to redistribute to their request, the civil servants of public officials, who, for reasons of service, perform tasks in different locations and wish to serve in the same locality.
Article 29.- The National Civil Service Office may require the various agencies to provide information on the existence of situations provided for in the article 26 and 28 of this law, and propose to them the inclusion of the official in the respective payroll prior to his express acceptance. In the case of the Central Administration, the Executive Branch, after the decision of the National Civil Service Office, will have no more capacity, such an extension.
Article 30.- The redistribution of staff members who have been included in the number of staff to redistribute to the date of entry into force of this Act shall be governed by the provisions of the Articles 8 to 23 of Law 15,851December 24, 1986.
Article 31.- The executive branch, with the advice of the National Civil Service Office, shall regulate the redistribution regime within the sixty-day period following the enactment of this Act.
Article 32.- The Legislative, Executive and Judicial Powers, the Electoral Court, the Court of Accounts and the Court of Administrative Disputes, the Autonomous Entities, the Decentralized Services and the Departmental Governments, in accordance with the needs of their services, may grant their officials to submit waiver within one hundred and eighty days after the entry into force of this Law, the following benefits of withdrawal:
| (1) | To staff members entitled to retirement, a monthly allowance, for the period of two years equivalent to 25 per cent (twenty per cent) of their remuneration of a wage nature and which will be cumulative with the existence of passiveness. |
| (2) | To other officials, the equivalent of twelve salaries or, on the contrary, a monthly allowance for the period of two years, equivalent to 75 per cent (sixty-five per cent) of their salaries of a wage nature. |
These allowances shall be adjusted on the dates and amounts in which the staff member ' s remuneration was adjusted.
The above benefits will be served by the agencies to which the relinquishing officials belong, from General Rents.
The staff member who returns to the Public Administration before the four years of the acceptance of his resignation shall, prior to his designation, restore the amount received by any of the benefits instituted, which shall be updated in accordance with the decree law 14,500March 8, 1976, with more of the interests that he has predicted.
The hierarchs that provide any designation without prior compliance with the provisions of the preceding paragraph shall be jointly responsible for such obligation.
Staff members who are not entitled to retirement but who are to set up the case within two years of the presentation of their resignation may benefit from the following conditions:
| A) | If they choose to receive the equivalent of twelve salaries, they will not be able to retire until one year after the reason is set. |
| B) | If you choose to receive the monthly allowance of 75% (sixty-five percent) of your remuneration, this will be reduced to 25% (sixty percent) from the date of your retirement. |
Article 33.- Where the staff member does not have the right to retire, the duration of the above-mentioned subsidy will be regarded as a period of work for retirement. In such a case, the allowance shall be subject to social security contributions from staff members in operation.
Article 34.- They shall not be entitled to the benefit of withdrawal or to the subsidy created by this law:
| A) | Officials who hold elective, political or particular confidence positions. |
| B) | Staff members who have limited the duration of their mandates or the age by the Constitution of the Republic. |
| C) | Military, police, Foreign Service or teachers. |
| D) | The members of the "N" scale, the Legal Secretaries of jurisdictional organs, Actuaries and Sheriffs. |
| E) | Staff members with an administrative slope. However, the benefit of the withdrawal or the subsidy may be benefited if, as a result of such a summary, there is no disstitution. |
Article 35.- Vacancy charges or recruitment items released by application of this Act shall be abolished.
However, the Administration may choose to carry out promotions or contractual modifications and to abolish charges or to release items totaling a budget allocation equivalent to that of here. Such movements will take place within the year of the acceptance of the resignation of the staff member.
Article 36.- Companies that employ public officials of any state body and body, who resign to join the private activity, except those mentioned in the Article 34 of this Lawshall be exempt from the employer ' s social security contributions to these officials for one year.
If these workers are reintegrated into the Public Administration, the above-mentioned exemption will cease and the employer may dispose of their dismissal without having to pay compensation for any kind.
The provisions of the preceding paragraph shall not govern whether re-entry into the Administration occurs in any of the charges referred to in the preceding paragraph. Article 34 of this Law.
Article 37.- The contract of the Administration with a physical or juridical person, by which they assume an obligation of result in a specified period of time, will be understood as a lease of work.
Contracts for the leasing of work whatever the amount, which is made from the publication of this law, shall be authorized by the Executive Branch within the scope of the Central Administration and the decentralized Services, or in its case by the Ministry of the Judiciary, the Electoral Court, the Court of Accounts, the Tribunal of the Administrative Content and the Public Prosecutors, are always legal.
The contracting of such characteristics performed without time or unnaturalized by implying the provision of a service in relation to subordination, shall expire on the sixty days of the publication of this law.
Article 38.- Delay the Articles 25, 58 and 64 of Act No. 15,8098 April 1986; Articles 8 to 25 of Law 15,851of 24 December 1986; Articles 10 and 29 a 36 and 637 Law 15,90310 November 1987 and Article 80 of Act No. 16.002of 25 November 1988.
Chamber of Sessions of the House of Representatives in Montevideo, as at 31 July 1990.
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 Montevideo, Uruguay. Legislative power. |
