Civil Service Statute: Key Provisions and Regulations

Posted on Nov 18, 2024 in Law & Jurisprudence

TITLE I: KEY PROVISIONS

Article 1. Scope of the Act

This Act governs public employment relations between officials and public servants of the national, state, and city governments, encompassing:

1. Leadership and management of the civil service and public careers.
2. Personnel management, including human resource planning, recruitment, selection, admission, induction, training, development, career planning, merit evaluation, promotion, transfer, job classification, salary scales, permits, licensing, discipline, and removal standards.

Exclusions

This Act does not apply to:

1. Officials and public servants of the National Legislature
2. Officials and public servants under the Organic Law of Foreign Service
3. Officials and public servants of the Judiciary
4. Officials and public servants of Citizen Power
5. Officials and public servants of the electoral authority
6. Workers in the service of Public Administration
7. Officials and public servants of the Attorney General of the Republic
8. Officials and public servants of the National Integrated Customs and Tax Administration (SENIAT)
9. Senior staff, academic, educational, administrative, and research personnel of national universities

Article 2. Binding Rules

General administrative rules for states and municipalities are binding. Special laws may apply to specific categories of officials or those serving in particular public administration bodies.

Article 3. Definition of Officer/Public Official

An officer or public official is any individual permanently appointed by a competent authority to a paid public office.

TITLE II: CIVIL SERVICE MANAGEMENT

Chapter I: General Provisions

Article 4. Executive Leadership

The President directs the civil service in the Executive Branch. Governors and mayors direct it in states and municipalities. In autonomous institutes, the highest bodies exercise this power.

Article 5. Management Responsibility

Management of the civil service concerns:

1. Executive Vice-President
2. Ministers
3. Governors
4. Mayors
5. Highest administrative authorities of national, state, and municipal autonomous institutes

In bodies with collegial leadership, the president typically holds management competence, unless otherwise specified by law.

Article 6. Implementation

Human resource units in each public administration body implement civil service management, enforcing guidelines and decisions of management authorities.

Chapter II: National Management Bodies

Article 7. Development Planning

The Ministry of National Planning and Development plans the development of public administration bodies, with provisions for citizen participation.

Article 8. Ministry of Planning and Development Functions

This Ministry assists the President, evaluates policies, and approves personnel plans. Specific functions include:

1. Organizing and monitoring the public service system, issuing guidelines for recruitment, selection, classification, compensation, performance evaluation, training, promotion, transfers, licenses, and disciplinary actions.
2. Ensuring compliance with guidelines.
3. Approving staffing plans, subject to Ministry of Finance approval.
4. Conducting audits and studies.
5. Ordering information from public administration bodies.
6. Providing technical advice.
7. Answering queries related to personnel management.
8. Evaluating the cost of collective bargaining agreements.
9. Approving reports on job classifications and salary scales.
10. Submitting salary scale reports to the President.
11. Approving competition bases for entry and promotion.
12. Approving staff reduction reports.
13. Requesting budgetary adjustments.
14. Other functions defined by law.

Chapter III: National Register

Article 9. Maintaining the Register

The Ministry of Planning and Development maintains an updated national register of public functionaries. State and municipal authorities have similar powers within their territories.

Chapter IV: Human Resources Offices

Article 10. Powers of Human Resources Offices

Powers include:

1. Implementing management decisions.
2. Developing and implementing staffing plans.
3. Reporting to the Ministry of Planning and Development.
4. Directing personnel management procedures.
5. Coordinating training and appraisal programs.
6. Conducting entry and advancement competitions.
7. Proposing personnel movements.
8. Investigating disciplinary matters.
9. Liaising with the Ministry of Planning and Development.
10. Other functions defined by law.

Article 11. Consequences of Failure

Failure to comply with Ministry directives can lead to removal from office and potential civil/criminal penalties.

Chapter V: Personnel Plans

Article 12. Purpose of Plans

Personnel plans outline programs for optimal human resource use, considering institutional objectives and budget availability.

Article 13. Plan Contents

Plans must include objectives for fee structure, compensation, development, grading changes, removals, income, promotions, competitions, transfers, discharges, performance evaluation, training, and remuneration.

Article 14. Plan Submission

Human resource offices submit plans to the Ministry of Planning and Development, adhering to budgetary rules and modifications.

Article 15. Plan Approval and Modification

The Ministry approves plans, which are integrated into the budget. Modifications require joint approval with the Ministry of Finance.

TITLE III: OFFICERS AND PUBLIC OFFICIALS

Chapter I: General Provisions

Article 16. Application for Positions

Anyone can apply, subject to constitutional and legal limitations.

Article 17. Requirements for Positions

Requirements include:

1. Venezuelan nationality.
2. Being at least 18 years old.
3. Having a diversified secondary education bachelor’s degree.
4. Not being subject to political disablement or civil interdiction.
5. Not receiving retirement or pension benefits (exceptions for high-level positions).
6. Qualifying for the post.
7. Meeting entry procedures.
8. Submitting asset statements.
9. Other legal requirements.

Article 18. Oath of Office

Officials must swear obedience to the Constitution and laws.

Article 19. Appointment and Removal

Officials are appointed and removed. Career officials gain permanency after winning competitions and passing probation. Free appointment and removal apply to certain positions.

Article 20. Senior Positions of Trust

These positions include:

1. Executive Vice-President
2. Ministers
3. Heads of national offices
4. Presidential commissioners
5. Deputy ministers
6. Directors and general managers
7. Members of autonomous institute boards
8. Recorders, registers, and notaries public
9. Secretary general of state government
10. CEOs in governorates and directors in mayoralties
11. Highest authorities of state and municipal autonomous institutions

Article 21. Positions of Trust

These positions require high confidentiality and often involve state security, control, inspection, fees, and customs.

Chapter II: Rights of Officials

Article 22. Right to Information

Officials have the right to be informed about their unit’s purpose, organization, powers, duties, and responsibilities.

Article 23. Right to Remuneration

Officials are entitled to remuneration according to the law.

Article 24. Vacation and Bonus

Officials are entitled to annual vacation (15-25 days, depending on years of service) and a 40-day salary bonus.

Article 25. Year-End Bonus

Officials receive a year-end bonus of at least 90 days’ salary, subject to collective bargaining.

Article 26. Permits and Licenses

Officials are entitled to paid or unpaid, mandatory or optional permits and licenses.

Article 27. Social Security

Officials are entitled to social security protection.

Article 28. Other Benefits

Officials enjoy benefits related to age and assistance as outlined in the Constitution and Labor Law.

Article 29. Maternity Protection

Pregnant officials receive maternity protection as outlined in the Constitution and Labor Law, with disputes handled by administrative courts.

Chapter III: Exclusive Rights of Career Officials

Article 30. Career Stability

Career officials enjoy stability and can only be removed on grounds specified by law.

Article 31. Right to Promotion

Career officials are entitled to promotion based on merit.

Article 32. Right to Unionize

Career officials can unionize, engage in collective bargaining, and strike, subject to labor law and the nature of public service.

Chapter IV: Duties and Prohibitions

Article 33. Duties of Officials

Duties include:

1. Providing efficient service.
2. Obeying superiors’ orders.
3. Complying with work schedules.
4. Providing information to the public.
5. Maintaining a respectful attitude.
6. Maintaining confidentiality.
7. Safeguarding public property.
8. Participating in training.
9. Informing superiors of useful initiatives.
10. Disqualifying oneself from cases with potential conflicts of interest.
11. Complying with the Constitution and laws.

Article 34. Prohibitions

Prohibitions include:

1. Contracting with public entities (with exceptions).
2. Engaging in political propaganda during work.
3. Intervening in negotiations for public contracts.
4. Accepting foreign honors without Assembly approval.

Chapter V: Incompatibilities

Article 35. Holding Multiple Offices

Officials cannot hold multiple paid public offices, except for academic, accidental, or educational positions.

Article 36. Exercise of Other Positions

Holding permitted additional positions does not prejudice the fulfillment of primary duties.

TITLE IV: PERSONNEL CONTRACTS

Article 37. Use of Contracts

Contracts are allowed for highly qualified personnel performing specific, time-limited tasks. Using contracts for regular positions is prohibited.

Article 38. Contract Regime

Contractual staff are subject to the contract terms and labor law.

Article 39. Contracts and Public Administration Entry

Contracts cannot be used as a means of entry into the Public Administration.

TITLE V: PERSONNEL MANAGEMENT SYSTEM

Chapter I: Selection, Entry, and Promotion

Article 40. Recruitment Process

Recruitment is based on skills and through public competitions, ensuring equal opportunity.

Article 41. Conducting Competitions

Human resource offices conduct public competitions.

Article 42. Eligible Records

Offices maintain records of eligible candidates.

Article 43. Probationary Period

Selected candidates undergo a probationary period (up to three months) before permanent appointment.

Article 44. Career Status

Career status is only extinguished upon removal.

Article 45. Promotion

Promotion is based on merit, experience, and knowledge.

Chapter II: Classification of Positions

Article 46. Definition of Charge

A charge is the basic unit of labor division, encompassing powers, activities, functions, and responsibilities performable in a workday. A Manual describes charges.

Article 47. Grouping of Charges

Similar charges are grouped into classes with common designations and salary scales.

Article 48. Sets of Charges

Charges with similar service order but different complexity are grouped into ascending sets.

Article 49. Job Classification System

This system includes grouped classes, each with an official specification including name, code, salary scale, description, minimum requirements, and other regulatory details.

Article 50. Charge Designations

Charge designations are approved by presidential decree and are mandatory in official documents.

Article 51. Proposed Changes

Agencies can propose changes to the classification system to the Ministry of Planning and Development.

Article 52. Publication of Specifications

Official specifications are published in the Official Gazette.

Article 53. High-Level Positions

High-level and trust positions are specified in agency regulations, with profiles defined in this law’s regulations.

Chapter III: Payroll

Article 54. Compensation System

This system includes salaries, compensation, per diem, allowances, and other benefits. It establishes general wage levels divided into degrees with minimum, intermediate, and maximum amounts.

Article 55. Remuneration Rules

The President, with a report from the Ministry of Planning and Development, approves remuneration rules, including starting salaries, increases, allowances, and payment rules for various work schedules and leave.

Article 56. Salary Scales

Salary scales for senior officials are adopted alongside overall scales, considering seniority.

Chapter IV: Performance Evaluation

Article 57. Evaluation Process

Performance evaluation involves rules and procedures to assess official performance. Results are submitted to the Ministry.

Article 58. Evaluation Frequency

Evaluations occur twice yearly based on supervisor records. Objectives must be clear and relevant to duties.

Article 59. Evaluation Instruments

The Ministry and human resource offices establish objective and impartial evaluation instruments.

Article 60. Compulsory Evaluation

Evaluation is compulsory, with penalties for supervisor failure.

Article 61. Evaluation Outcomes

Evaluation results inform training plans, incentives, and licensing.

Article 62. Evaluation Validity and Reconsideration

Evaluations must be signed by the supervisor and the assessed official, who can request reconsideration. Financial implications must be reported to the Ministry.

Chapter V: Training and Staff Development

Article 63. Staff Development

Development involves training to improve technical, professional, and moral skills, enabling officials to assume new responsibilities and adapt to changes.

Article 64. Ministry’s Role in Training

The Ministry designs, promotes, evaluates, and monitors training policies, coordinating programs and ensuring compliance.

Article 65. Implementation of Training

Training can be implemented directly or through contracted institutions, with the Ministry ensuring quality.

Chapter VI: Day of Service

Article 66. Service Calendar

The Ministry establishes and publishes the service calendar in the Official Gazette.

Article 67. Work Hours

Day service is limited to 8 hours/day or 44 hours/week. Night service is limited to 7 hours/day or 35 hours/week.

Article 68. Schedule Modifications

The Ministry can modify schedules as needed.

Article 69. Overtime Compensation

Overtime work is compensated with incentives.

Chapter VII: Administrative Situations

Article 70. Active Duty

Active duty includes holding office or being on secondment, transfer, suspension with full salary, permit, or license.

Article 71. Secondment

Secondment is temporary assignment to a different office of equal or higher level, requiring meeting the position’s requirements. Compensation adjustments and travel reimbursements may apply.

Article 72. Compulsory Secondment

Secondment is compulsory when ordered and cannot exceed one year.

Article 73. Transfer

Career officials can be transferred within the same location without salary reduction. Transfers between locations require mutual agreement, unless service needs dictate otherwise.

Article 74. Transfer due to Decentralization

Transfers can occur due to activity decentralization.

Article 75. Transfer for Retirement

Officials eligible for retirement can be transferred by agreement.

Article 76. Reinstatement

Officials appointed to senior positions can be reinstated to their previous career level if vacant.

Article 77. Permits and Licenses

Officials are entitled to permits and licenses.

Chapter VIII: Withdrawal and Return

Article 78. Withdrawal from Service

Withdrawal occurs due to:

1. Resignation.
2. Loss of nationality.
3. Civil interdiction.
4. Retirement or disability.
5. Staff reduction (requires authorization).
6. Dismissal.
7. Other legal reasons.

Positions vacated due to staff reduction cannot be filled for the rest of the fiscal year. Affected career officials may be relocated or added to the eligible register.

TITLE VI: RESPONSIBILITIES AND DISCIPLINARY ACTIONS

Chapter I: Responsibilities

Article 79. Accountability

Officials are criminally, civilly, administratively, and disciplinarily liable for misconduct and irregularities.

Article 80. Liability for Management Compromise

Compromising management powers leads to liability for damages.

Article 81. Attorney General’s Role

The Attorney General enforces accountability measures.

Chapter II: Disciplinary Actions

Article 82. Disciplinary Sanctions

Sanctions include written warnings and dismissal.

Article 83. Grounds for Written Warning

Grounds include dereliction of duty, negligence causing material damage, lack of public attention, disrespect, unexcused absences, political campaigning at work, and recommending specific persons for benefits.

Article 84. Written Warning Procedure

Supervisors issue written warnings after notifying the official and allowing for a response. A report is issued, and a copy is sent to the human resources office.

Article 85. Appeals

Officials can appeal written warnings internally. Negative administrative silence allows for court appeal.

Article 86. Grounds for Dismissal

Grounds include three written warnings in six months, repeated duty breaches, illegal decisions, disobedience to lawful orders, breach of minimum service during strikes, dishonesty, misconduct, misuse of authority, severe material damage, abandonment of work, criminal conviction, soliciting or receiving money illegally, disclosing confidential information, conflicts of interest, and three consecutive negative evaluations.

Article 87. Statute of Limitations for Warnings

The statute of limitations for written warnings is six months.

Article 88. Statute of Limitations for Dismissal

The statute of limitations for dismissal is eight months.

Chapter III: Dismissal Procedure

Article 89. Dismissal Procedure Steps

Steps include:

1. Requesting an inquiry.
2. Instructing a file and determining charges.
3. Notifying the official and allowing for defense.
4. Filing charges and receiving a discharge letter.
5. Allowing access to the file (excluding reserved documents).
6. Opening a period for evidence presentation.
7. Forwarding the case to Legal for an opinion.
8. The highest authority decides and notifies the official.
9. Recording all proceedings.

Failure to follow procedure is grounds for dismissal.

TITLE VII: ADMINISTRATIVE PROTECTIVE MEASURES

Article 90. Suspension During Investigation

Suspension during investigation is with pay (up to 60 days, extendable once).

Article 91. Suspension with Preventive Detention

Suspension with preventive detention is without pay (up to six months). Acquittal leads to reinstatement and back pay.