Understanding Workday Regulations and Official Duties in Public Service
Workday Regulations and Official Duties
Workday
The workday is the time that the official should effectively render their personal services to the institution. Obligations include serving on a permanent basis throughout the normal working day. The ordinary public officials governed by the Administrative Statute (Article 65) work 44 hours per week, Monday through Friday, and may not exceed 9 hours a day.
Part-Time Officials
Notwithstanding the foregoing, the service authority is empowered to allow certain staff to work part-time. In which case, the pay of these officials is proportional to the time worked. These officials are not allowed to perform unpaid extra work.
Overtime
Overtime refers to the hours that an official must work beyond the regular workday. The institution may authorize overtime when necessary for the performance of extra work, as determined by the head of service. The maximum amount of daytime overtime that may be authorized is 40 hours per staff member per month. This limitation may only be exceeded in the case of unforeseen work necessitated by natural disasters or public calamities that require a greater number of overtime hours.
Penalties for Failure to Comply with the Workday
- Allowance for time not worked
- Annotations of demerit
- Dismissal, after a preliminary investigation, if there are repeated delays and absences without cause, or after a summary investigation if there is no justification for more than three consecutive days of absence.
Obedience
The officer must obey the orders given by their supervisor. This duty is expressed in Article 7 of Law 18,575, stating, “The official scheme is hierarchical, disciplined, and must obey the instructions issued to them by their superior.”
Hierarchical Authority
Hierarchical authority is a natural attribute of leadership. Giving orders is a task inherent in leadership positions, and these positions, in turn, are the core of the service, as those who serve in them must belong to the respective stable administrative body. The administrative hierarchy expresses the legal bond that joins the staff of the same organization in a top-down relationship.
Representation
Representation is the duty of an officer to report to their superior any illegality or impropriety in an order, establishing the principle of obedience. The illegality of the order received must be formally represented.
Destination
Destination is the act of authority by which an employee is assigned to exercise a particular function of the position for which they have been designated, according to their occupation and hierarchical level. Destination is a formal act; it must be ordered by a formal and appropriate resolution of the leadership.
Utility Commissions
The head of a public body has the power to order utility commissions to their subordinates. That is, ordering the execution of certain tasks outside of regular employment, though typical of the body to which the employee belongs. The official must have the knowledge to perform the commission properly. The utility commission is an act of authority that must be demonstrated formally.
Task Assignment
Our task is to assign certain tasks inherent to the position. The official mission does not require a formal resolution from the administrative authority to have them performed. A formal resolution is required only if costs accrue to the institution.
Characteristics of Task Assignment
- It is a formal act.
- It is ordered by the authority of the service.
- It is ordered to an official of the organization.
- It is for the performance of functions of the office.
- Its length depends on the authority.
- It can be in any locality.
- It is not detrimental to the staff.
- The worker is obliged to comply.