Member Article

Article 2.2.5.3.2 of Chapter 3 of Title 5 of Part 2 of Book 2 of Decree 1083 of 2015, the Sole Regulatory Body for the Public Service Sector, is amended as follows"Article 2.2.5.3.2. Order for the definitive filling of career posts. The definitive filling of career posts shall be carried out in the following order:

1. With the person who, at the time of his retirement, held career rights and whose reinstatement has been ordered by a judicial authority.
2. By transfer of the employee with career rights who proves that he has been displaced for reasons of violence under the terms of Law 387 of 1997, once the order has been issued by the National Civil Service Commission.
3. With the administrative career person whose position has been abolished and who has opted for the preferential right to be reinstated in the same or equivalent jobs, in accordance with the rules set out in this decree and as ordered by the National Civil Service Commission.
4. With the person who, at the time the appointment is to take place, occupies the first position on the list of those eligible for the employment offered, which was the subject of the call for applications for the respective entity.
   
   

If the above options are exhausted, the specific selection process for the respective entity must be carried out.

Paragraph 1. Once the jobs called for competition have been filled during the probationary period with the lists of eligible candidates prepared as a result of the selection processes, such lists, during their term, may be used to specifically fill the definitive vacancies that are generated in the same jobs initially filled, on the occasion of the configuration for their holder of any of the causes for retirement from service enshrined in Article 41 of Law 909 of 2004, and to fill the definitive vacancies of equivalent positions not called for, that arise after the call for competition in the same Entity.

The foregoing rules without prejudice to the provisions of Article 21(3) of Law 909 of 2004.

Paragraph 2: When the list of eligible candidates drawn up as a result of a selection process is made up of a smaller number of applicants than the number of jobs offered to be filled, the administration, before making the respective probationary appointments and removing the provisional workers from service, shall take into account the following order of protection generated by:

1. Catastrophic illness or some kind of disability.
2. Proof of the status of the father or mother as head of the family in the terms indicated in the regulations in force and the case law on the subject.
3. Proof of status as a pre-pensioner in the terms indicated in the regulations in force and the jurisprudence on the subject.
4. To have the condition of employee protected by trade union jurisdiction.
   
   

Paragraph 3. When the list of eligible employees is made up of a number equal to or greater than the number of jobs to be provided, the administration shall take affirmative action so that, as far as possible, employees who are in the conditions indicated in the preceding paragraph may be relocated to other career or temporary jobs that are vacant, and for which they meet the requirements, in the respective entity or in entities that make up the administrative sector.

Paragraph 4. The administration, before offering the jobs to the National Civil Service Commission, shall identify the jobs that are occupied by pre-pensioned persons in order to apply the provisions of paragraph 2of Article 263 of Law 1955 of 2019".

Article 2.2.2.4.11 is also added to Chapter 4 of Title 2 of Part 2 of Book 2 of Decree 1083 of 2015, the Sole Regulatory Body for the Public Service Sector, which will remain as follows:"Article 2.2.2.4.11 Already accredited requirements of the assistance and technical levels. To the public servants of the welfare and technical level that have been linked before the expedition of the Decrees 770 and 785 of 2005 that participate in processes of selection will be demanded as requirements for the position to which they compete, the same ones that were in force at the moment of their linkage, this whenever these servants compete for the same employment in which they were linked. The entity must be precise when reporting the positions in the Public Offering of Career Positions-OPEC administered by the National Commission of the Civil Service, entity that will make its participation viable".

Article 2.2.14.1.1 of Chapter 1 of Title 14 of Part 2 of Book 2 of Decree 1083 of 2015, the Sole Regulatory Body for the Public Service Sector, is amended as follows"Article 2.2.14.1.1 Establishment of the Staff Committee. In all agencies and entities regulated by Law 909 of 2004, there shall be a Personnel Commission made up of two (2) representatives of the agency or entity, appointed by the appointing authority or the person acting on its behalf, and two (2) representatives of the employees who must be in the administrative career.

The two representatives appointed by the body or entity shall be public employees who are freely appointed and removed or who have a career in administration.

The two employee representatives shall be elected by direct vote by the public employees of the body or entity, and each shall have a substitute who shall meet the same requirements and conditions as the incumbent. In the votes that are brought forward for the election of the representatives of the Personnel Committee, all the employees that occupy administrative career positions may participate regardless of their form of association and the employees associated with the temporary plants.

Similarly, Personnel Committees shall be formed in each of the regional or sectional units of the agencies or entities.

Paragraph. The Personnel Committees shall establish their operating regulations.

Article 2.2.2.6.1 of Chapter 6, Title 2 of Part 2 of Book 2 of Decree 1083 of 2015, the Single Regulatory Body for the Civil Service Sector, will remain as follows:

Article 2.2.2.6.1 Issue. The bodies and entities to which this Title refers shall issue the specific manual of functions and labour competences describing the functions that correspond to the jobs of the personal plant and determining the requirements demanded for their exercise.

The adoption, addition, modification or updating of the specific manual shall be carried out by internal resolution of the head of the body or entity, in accordance with the provisions contained in this Title.

It corresponds to the unit of personnel, or to the one that makes its functions, in each organism or entity, to advance the studies for the elaboration, update, modification or addition of the manual of functions and labor competitions and to guard by the fulfillment of the dispositions here anticipated.

Paragraph 1. The certification of the functions and competences assigned to a given job must be issued only by the head of the agency, by the head of personnel or by whoever has been delegated this competence.

Paragraph 2. The Administrative Department of the Public Function will provide the necessary technical advice and will point out the guidelines and instructions of a general nature for the adoption, addition, modification or updating of specific manuals.

This Administrative Department shall also carry out a selective review of the specific manuals of functions and labor competencies of the agencies and entities of the Executive Branch of the National Order to verify compliance with the provisions of this article. The entities must respond to the observations made in this regard and provide the information requested.

Paragraph 3. Before publishing the administrative act that adopts or modifies the functions and competencies manual and its technical study, in application of numeral 8 of Article 8 of Law 1437 of 2011, the administration must carry out a consultation process in all its stages with the union organizations present in the respective entity, in which the scope of the modification or update will be made known, listening to their observations and concerns, which will be recorded. The foregoing shall be without prejudice to the power of the administration to adopt and issue the respective administrative act".

Article 2.2.12.1 of Title 12 of Part 2 of Book 2 of Decree 1083 of 2015, the Single Regulatory Body for the Civil Service Sector, was also amended. The new text is as follows:Article 2.2.12.1 Reforms of employment plants. The reforms of the employment plants of the entities of the Executive Branch of the national and territorial orders must be motivated by the needs of the service or by reasons of modernization of the administration and have technical studies of analysis of workloads and impact on modernization that demonstrate it.

In addition to the above, requests for the modification of employment plants must contain: i) comparative costs of the current and proposed plant, ii) effects on the acquisition of goods and services of the entity, iii) the concept of the National Planning Department if the investment budget is affected, and iv) any others that the General Directorate of the National Public Budgetconsider relevant.

Paragraph 1. Any modification to the employment plants and the structures of the agencies and entities of the Executive Branch of the public power of the national order shall have the favorable technical concept of the Administrative Department of the Civil Service.

Paragraph 2. The administration, before issuing the administrative act that adopts or modifies the employment plants and the structures of the agencies and entities of the Executive Branch of the national public authority and its justification, shall carry out a process of consultation in all its stages with the trade union organizations present in the respective entity, in which the scope of the modifications or updates shall be made known, listening to their observations and concerns, which shall be recorded. The foregoing without prejudice to the power of the administration.Finally, Article 2.2.5.5.25 of Chapter 5 of Title 5 of Part 2 of Book 2 of Decree 1083 of 2015, the Sole Regulatory Body for the Public Service Sector, is amended to read as follows

Article 2.2.5.5.25 Service commissions. The secondment may be granted inside or outside the country, does not constitute a form of employment provision, is granted to perform the functions of the job in a different place than the seat of the position, to carry out special missions conferred by superiors, to attend meetings, conferences or seminars, to make observation visits that are of interest to the administration and that are related to the branch in which the employee serves.

This committee is part of the duties of every employee, therefore, it cannot refuse to comply with them.

Paragraph. A service commission may be granted to union leaders duly accredited by the union organizations that have signed the General Collective Agreement, so that they may participate in forums, congresses, courses at home or abroad in matters related to their activity, in accordance with the budgetary availability of each entity.

This decree is effective as of the date of its issuance, and it amends and adds, as appropriate, Decree 1083 of 2015, the Sole Regulatory Decree of the Public Service Sector.

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