Officials’ Obligations, Workday, Absences, and Transfers

Obligations of Officials

The obligations of officials under the Statute are:

  • Mandatory hierarchical control: Ensuring efficiency, effectiveness, and compliance with requirements.
  • Compliance: Ensuring adherence to plans and programs.
  • Efficiency and fairness: Maintaining efficiency and fairness in all actions.

Reflexive Obedience

Reflexive obedience occurs when an officer believes their actions may be against the law. However, if authorities insist, the official must comply but is exempt from liability.

Workday Regulations

The working day can be classified as:

  • Regular: Monday to Friday, 44 hours a week, not exceeding 9 hours a day. Part-time positions of 22 hours may be available as needed.
  • Extraordinary: Performed after regular hours, or on Saturdays, Sundays, or holidays, for urgent tasks ordered by the supervisor. This can be further divided into:
    • Daytime: After regular hours up to 9:00 PM.
    • Evening: From 9:00 PM to 7:00 AM.

Overtime Compensation

Overtime hours are compensated with additional remuneration:

  • Daytime Overtime:
    • Equivalent rest time plus a 25% increase.
    • If rest is not taken, a 25% increase over the daily work schedule is paid.
  • Overtime (Night, Saturday, Sunday, and Holidays):
    • Complementary rest equivalent to daytime working hours plus a 30% increase.
    • A 30% increase over the daily work schedule is paid.

Absence Policies

Absence: Time not worked will not be compensated unless it is for holidays, paid leave, or medical leave. Consequences of unexcused absences include:

  • Monthly deductions at the supervisor’s request.
  • Summary dismissal after investigation for unexcused delays and absences.
  • Loss of quarterly bonuses or allowances.
  • Potential impact on annual performance ratings.

Destinations and Service Commissions

Destinations

Destinations are administrative acts assigning an officer to serve in any location within the same institution and hierarchy. Conditions for a destination are:

  • Must be ordered by the head of the institution.
  • Must be functions of the post.
  • Must be reported 30 days in advance.

If both spouses are officials, one cannot be assigned to a different location without acceptance, unless both are destined for the same location or dependency.

Service Commissions

Service Commissions are administrative acts to perform activities outside the office, ordered by the head, either within the same or a different entity, domestically or abroad. The term or duration is 5 months per calendar year, extendable up to 1 year. For studies, it can be extended up to 3 years, or 5 years for a PhD.

In some instances, service commissions may involve lower-level performance or tasks outside the required knowledge area.

Similarities Between Destinations and Service Commissions

  • Both involve duties of officers.
  • Both must be assigned by the head of the institution.
  • Neither can involve functions of lower rank.

Differences Between Destinations and Service Commissions

  • Destination involves functions of the post; service commissions involve external functions.
  • Destination involves functions within the institution; service commissions may involve another institution.
  • Destination implies an indefinite period; service commissions have defined deadlines.