Summary.
Art. 1 amends Article 36 of Law 49 of 1984 to classify National Assembly (Asamblea Nacional) personnel. It includes members of the Assembly as elected officials who are considered public servants for purposes of their rights and obligations; their term of office is governed by the Political Constitution of the Republic (Constitución Política de la República). The elected-official category includes the Secretary General and Deputy Secretary General. The Legislative Service Career includes regular technical and administrative personnel who enter through a prior competitive selection process and meet the other statutory requirements.
The same provision places trusted staff assigned to the Presidency, parliamentary groups, members of the Assembly and the General Secretariat in the at-will appointment and removal category. It also includes other personnel who do not belong to the Legislative Service Career under the law and the Human Resources Administration Regulations (Reglamento de Administración de Recursos Humanos). Staff appointed by members to work in their offices would not have permanent staff status and could not enter that career. The temporary category covers personnel hired for a defined period to perform transitional, provisional or occasional functions.
Art. 2 amends Article 37 of Law 49 of 1984. It requires officials to fulfill duties established by the Organic Rules of Internal Procedure (Reglamento Orgánico del Régimen Interno), the Legislative Service Career Law (Ley de la Carrera del Servicio Legislativo) and the Human Resources Administration Regulations, as well as other functions assigned by their immediate superiors. The Human Resources Directorate (Dirección de Recursos Humanos) would assess their ability to perform their positions twice a year. Failure to pass both assessments during the year would be grounds for separation or dismissal.
Art. 3 amends Article 38 of Law 49 of 1984 and requires the Secretary General and other National Assembly personnel to report to their offices on every working day. It also requires them to remain available for the duration of ordinary or extraordinary sessions, whether held during the day or at night. Members of the Assembly, as the direct supervisors of staff appointed to their offices, would be responsible for those staff members’ attendance.
Art. 4 identifies Articles 36, 37 and 38 of Law 49 of 1984 as the provisions amended. Art. 5 provides that the proposed law would take effect on the day following its promulgation. These provisions concern the National Assembly and its Human Resources Directorate; they would affect members, staff assigned to members’ offices and other legislative personnel, including career, at-will and temporary staff.
What it proposes.
- Classification of legislative personnel.
- Staff duties, assessments and separation.
- Attendance and availability during sessions.
Who it would affect.
- Members of the National Assembly.
- Staff assigned to members’ offices.
- Other National Assembly personnel.
Key points.
- Classifies National Assembly personnel as members, elected officials, career staff, at-will staff or temporary staff.Art. 1
- Excludes staff appointed by members to their offices from permanent staff status and entry into the Legislative Service Career.Art. 1
- Subjects officials’ duties to the rules on internal procedure, career service and human resources administration, and to instructions from their immediate superiors.Art. 2
- Requires the Human Resources Directorate to assess officials’ abilities twice a year; failure to pass both assessments would be grounds for separation or dismissal.Art. 2
- Requires attendance at the office on every working day and availability throughout ordinary or extraordinary sessions, whether held by day or night.Art. 3
- Makes members of the Assembly responsible, as direct supervisors, for the attendance of staff appointed to their offices.Art. 3
- Identifies Articles 36, 37 and 38 of Law 49 of 1984 as amended and sets the effective date as the day after promulgation.Arts. 4-5