Regulation of the Judicial Career

This Regulation establishes the specific rules that govern labor relations between the Judicial Branch and the servers who provide their services to it and that, through the organization of the personnel administration function and the delimitation of rights and duties, will allow the institutionalization of the Judicial Career.

The rules contained in this Regulation constitute the Judicial Career System, which encompasses from regulations for rigorous selection of officials and employees, guarantees of their stability, promotion, professional and human development and the provision of adequate means for a decent and dignified life.

The Judicial Career System is founded on the principle of merit, through which the professional, technical and human qualities of both the regular server or employee and the candidates to enter the System are recognized and rewarded.

Judicial Career is understood to be the set of bodies, rules, processes and resources guided by the principle of merit, by means of which the servers of the Judicial Branch, with exclusive dedication and making their activity the primary source of their livelihood, provide a service and develop productive effort in the positions or posts assigned to them.

The complete and exclusive dedication of working time by servers of the Judicial Branch that this Regulation Law requires has the following exceptions:

• a)

  Substitute Magistrates, when they are not part of the respective Supreme Court or Court of Appeals.

• b)

  Representatives of the Public Ministry. It is understood that, if in accordance with the needs that arise in the Administration of Justice, it becomes necessary for the representatives of the Public Ministry to work full time, they shall be subject to the incompatibilities established in the Judicial Career Law in Article 50 and may only dedicate themselves to teaching under the terms of the following subsection.

• c)

  Other servers of the Judicial Branch who work full time may dedicate themselves to teaching duties, up to a maximum of ten hours per week as long as this does not affect the regular progress of their work.

The legal labor relationship established between the Judicial Branch and its servers of any category constitutes a legal and regulatory situation that is determined by the general rules contained in the Constitution of the Republic, in the Judicial Career Law, in this Regulation and other provisions that refer to the matter. Consequently it shall not be governed by an individual or collective labor contract.

The Judicial Career System encompasses all servers of the Judicial Branch whose appointment has been made by the Supreme Court of Justice in accordance with the procedures established in the Judicial Career Law and this Regulation.

For the purposes of the previous Article, the servers of the Judicial Branch shall be organized into two types of service: The first, the Regular Service; and, the second, the Excluded Service.

Regular Service shall encompass the following categories of servers of the Judicial Branch: 1. Magistrates of the Courts of Appeals. 2. Inspectors of the Registry of Real Property and Commercial Property. 3. Registrars of Real Property and Commercial Property. 4. Judges of the Court of First Instance. 5. Justices of the Peace. 6. Secretaries, Court Officers, Clerks, Archivists and other Auxiliary Personnel of the Courts, Courts of First Instance and Offices of the Registry of Real Property and Commercial Property. 7. Employees of the Personnel Administration Department and other administrative offices. 8. Prosecutors of the Courts and Tribunals of the Republic. 9. Permanent Administrative Employees of the Judicial School. 10. Other permanent personnel of the units or services that may be created in the future.

Regular Service is the set of permanent positions for whose exercise in accordance with the position classification manual, compliance with prior requirements of suitability is required.

All positions considered as permanent and, therefore, held by Regular Servers, must be included and regulated for all purposes in the Position Classification Manual and in the Administrative Document, Breakdown of Salaries and Permanent Positions of the Judicial Branch.

The System shall be understood to be applicable to those servers of the Judicial Branch who have been providing their services since before the effectiveness of this Regulation, if the time of provision of such services has been at least five years, with the sole obligation to submit to the courses that the Judicial School Regulation designates. Persons who have had more than two consecutive years in service must submit to a competency evaluation without opposition, and must obtain a score of more than 70% (seventy percent). Persons who have had less than two years of service in the Judicial Branch shall submit to an evaluation with opposition. In this latter case, the rules to be applied shall be those contained in the Chapter that deals with Personnel Selection. While the Judicial School is organized, the training courses referred to in this Article shall be established by the Selection Commission.

Excluded Service comprises the following categories of servers of the Judicial Branch:

• 1)

  Magistrates of the Supreme Court of Justice.

• 2)

  Servers whose service relationship is regulated by contract.

• 3)

  Servers who provide emergency services.

• 4)

  Servers who provide services in an interim capacity and who do not provide regular services.

• 5)

  Servers who provide services on a daily wage basis.

• 6)

  Licensed physicians and surgeons whose services are regulated by the Law of the Status of Employed Physician.

• 7)

  Members of the Judicial Career Council, in that capacity.

• 8)

  Hourly personnel of the Judicial School.

Excluded Service is the set of positions whose characteristic nature and requirements for their exercise are regulated by a legal system different from that of the Judicial Career and, therefore, are excluded from the application of the provisions of the Judicial Career Law and Regulation.

Notwithstanding what is provided in the previous Article, the servers indicated therein shall have applicable to them, as the case may be, the provisions of the Judicial Career Law and this Regulation regarding duties, incompatibilities and rights except as provided in subsections (b) and (g) of

of the same Regulation. The provisions relating to work schedules shall also be applicable to them.

The positions mentioned in Article 13 shall be incorporated in the Administrative Document, Breakdown of Salaries and Permanent Positions, with the designation of their legal status as Excluded Position.

The Personnel Administration Directorate is the body responsible for defining the legal status of excluded position, through an opinion that must be submitted for consideration by the Presidency of the Supreme Court of Justice, so that it may resolve by providing for the application of the corresponding regulations. The opinions that define the Legal Status of this type of position may be issued ex officio by the Personnel Administration Directorate or at the request of the heads of any organ of the Judicial Branch.

All civil servants incorporated in the Excluded Service are subject to free appointment and removal by said Court, by virtue of constitutional provisions.

The removal or termination of the employment relationship between the Judicial Branch and the civil servants mentioned in Article 13 shall be made without creating any obligation or responsibility for it. CHAPTER III ADMINISTRATIVE BODIES OF THE JUDICIAL CAREER

The Judicial Career regime shall have the following Administrative bodies:

• 1)

  The Council of the Judicial Career

• 2)

  The Personnel Administration Directorate.

• 3)

  The Personnel Selection Commission.

The administrative bodies listed in the preceding Article shall constitute the basic administrative structure of the Judicial Career, and other complementary bodies may be created through the corresponding procedures to ensure the gradual, progressive, and rational application of the Regime. The Supreme Court of Justice shall consider, ex officio or at the request of any of the heads of the organs of the Judicial Branch, the initiatives for the creation of other administrative bodies, after previously hearing the technical opinion of the Personnel Administration Directorate. SECTION I THE COUNCIL OF THE JUDICIAL CAREER

The Council of the Judicial Career shall be dependent on the Supreme Court of Justice.

The essential function of the Council of the Judicial Career shall be to assist the Supreme Court of Justice with regard to personnel administration policy and to resolve, in its respective instance, the conflicts that arise as a result of the application of the Judicial Career Law and its Regulations. Said Council shall be composed of five (5) Principal members and three (3) Alternate members. The Principal members shall be appointed by the Supreme Court of Justice, at the proposal of its President, who shall present a list of ten candidates. Two of the Principal members shall be Magistrates of the Supreme Court of Justice and the other three shall be chosen as follows: - A Magistrate of the Courts of Appeals. - A Court of First Instance Judge. - A Member of the Public Ministry. The Alternate members shall be freely appointed by the Supreme Court of Justice, but in all cases shall belong to the Judicial Branch. In selecting the members of the Council, the Supreme Court of Justice shall take into account the capacity and suitability of the candidates and the greatest number of years of service in the Judicial Branch.

The seat of the Council shall be the city of Tegucigalpa, M.D.C., and it shall exercise jurisdiction throughout the Republic. It shall meet each time it is convened by its President.

The members of the Council shall serve for three (3) years and may be re-elected. The Magistrate of the Supreme Court of Justice with the longest length of service shall be its President.

If the volume of work of the Council makes it necessary for it to work full-time, it shall be constituted with the Alternate members appointed by the Supreme Court of Justice, in accordance with Article 23 of this Regulation. The members of said Council shall serve three years in their functions.

In its first session, the Council shall decide on the designation among its members of a Secretary and (3) Vocal Members. Likewise, it shall determine the number of civil servants that must be incorporated for its proper functioning.

The Council has the following powers:

• a)

  To prepare and approve its Internal Regulation.

• b)

  To recommend to the Supreme Court of Justice the Policy that should be followed in matters of personnel administration.

• c)

  To study general problems related to the Personnel Administration Regime and propose to the Directorate the recommendations it deems appropriate for their resolution.

• d)

  To review, for later submission to the approval of the Supreme Court of Justice, the General Plan of Remunerations of the Judicial Administration, the Manual of Instructions for each position, and the regulation for proceeding with personnel selection and the system for evaluation of personnel services that, in accordance with letters c), d) and f) of Article 12 of the Judicial Career Law, corresponds to the Personnel Administration Director to prepare.

• e)

  To know and resolve: 1.- The problems, conflicts and claims that arise in matters of personnel administration and those that arise between the Directorate and Personnel, as a consequence of the application of the Judicial Career Law. 2.- The remedies that are available under the Judicial Career and its Regulations that are filed against the resolutions of the Personnel Administration Directorate.

The Internal Regulation of the Council shall regulate, among other matters, those referring to its composition, seat, powers of the President, Secretary and Vocal Members, forms of action, procedures to be followed in the different cases it hears, form of the decisions or resolutions it must issue, substitution of its members in accordance with the Law, remedies that may be filed against its resolutions, processing of files, authorization of books that must be kept for the record of proceedings, judgments or resolutions and sessions held, terms, deadlines and special procedures.

In any case, the Council shall have knowledge of and shall resolve, in a single instance, the appropriate remedies that are filed against the resolutions of the Personnel Administration Directorate or the conflicts that may arise between it and the Servants of the Judicial Branch. SECTION II THE PERSONNEL ADMINISTRATION DIRECTORATE

The Personnel Administration Directorate is the executive body responsible for the application of the Judicial Career Law and its Regulations. It shall be headed by a Director appointed by the Supreme Court of Justice, from among a list of three persons that shall be proposed for that purpose by the President of said Court.

To be Director, the following requirements are necessary:

• a)

  To be a Honduran citizen by birth, over 25 years of age.

• b)

  To hold a degree in Public Administration or to be an Attorney with experience in Personnel Administration.

• c)

  To be of recognized integrity. ch) Not to hold any other position, except in the teaching field, nor to be a directive member of any political party, or of independent candidacy.

• d)

  Not to be related to members of the Supreme Court of Justice or to the members of the Judicial Career Council, by kinship within the fourth degree of consanguinity or second degree of affinity.

The powers and duties of the Director of Personnel Administration are:

• a)

  To comply with and to enforce the Judicial Career Law and its Regulations.

• b)

  To analyze, classify and evaluate the positions of the Judicial Branch, comprised in the Judicial Career Law and to assign them the respective category within the salary scale. All of this, subject to the subsequent approval of the Supreme Court of Justice.

• c)

  To prepare the general plan of remuneration for the Judicial Administration. ch) To prepare the manual of instructions for each position and the Regulation for proceeding with the selection of personnel.

• d)

  To conduct the competitions and examinations that may be necessary in order to proceed with the selection of candidates to enter the Judicial Career, to prepare the lists of eligible candidates and the corresponding shortlists, in accordance with the instructions of the Personnel Selection Commission.

• e)

  To establish a system for the evaluation of the services provided by personnel, in conformity with what is prescribed in the Judicial Career Law and in the respective Regulation.

• f)

  To promote, to put into effect and to coordinate training programs at all levels and areas of the Judicial Branch, in order to improve the efficiency of the administration system. To propose new organization and working methods to improve the service.

• g)

  To attend the meetings of the Judicial Career Council, with the right to speak but without voting rights, and to supply the reports and information that may be requested of it.

• h)

  To prepare the draft of the Annual Budget for Personnel Salaries and the annual report for the Judicial Branch Annual Report.

• i)

  To prepare the Internal Regulation of the Directorate and the other Regulations and Provisions that tend toward the better application of the Judicial Career Law, sending them to the Judicial Career Council for review, as a prior step for their approval by the Supreme Court of Justice.

• j)

  To conduct studies to determine the amount of possible benefits that should be recognized to judicial servants.

The Director of Personnel Administration is directly responsible to the Supreme Court of Justice for his actions. He shall be assisted by the necessary personnel for the adequate fulfillment of his powers and duties; among this a Sub-Director, who shall substitute for him in case of temporary absence. For this position the same requirements as those for the Director shall be required.

The Personnel Administration Directorate shall have the administrative units or offices that, in accordance with its powers and duties, are required to meet the needs and activities related to the classification and evaluation of positions, salary administration and other related matters. It shall also be the responsibility of the Personnel Administration Directorate to maintain the following personnel records:

• a)

  Of Admission of Employees of the Regular Service.

• b)

  Of Admission of Employees of the Excluded Service.

• c)

  Of Re-admission. ch) Of Promotion.

• d)

  Of Special Service Commissions and Others. SECTION III THE PERSONNEL SELECTION COMMISSION

The Personnel Selection Commission is an auxiliary body of the Personnel Administration Directorate and shall be composed of one member designated by the Supreme Court of Justice, a representative of the Personnel that comprises the Judicial Career and the Director of Personnel Administration.

The Selection Commission shall be presided over by the Director of Personnel Administration, being responsible for its organization and functioning. The Commission shall make its decisions by simple majority and shall maintain the records that may be necessary for the control of its activities.

The representative of the personnel that comprises the Judicial Career shall be elected in General Assembly of Regular Employees. In its absence, the Supreme Court of Justice may make such appointment if the General Assembly of Employees does not present its representative within thirty (30) days, from the date of the convocation.

The representative of the personnel that comprises the Judicial Career shall hold his position for two years and may be re-elected. In the same assembly, the alternate shall also be selected.

The member designated by the Supreme Court of Justice shall hold his position for two years, but may be extended for an equal period.

The Personnel Selection Commission shall cooperate with the Directorate, especially, in the following:

• a)

  Preparation of the Manual of Instructions for each position.

• b)

  Preparation of the Regulation for the selection of personnel.

• c)

  Verification of the competitions and examinations that may be necessary in order to proceed with the selection of candidates to enter the Judicial Career, preparing in due course the lists of qualifications in descending order, obtained by the competitors. ch) Preparation of the lists of eligible candidates and corresponding shortlists to refer to the authority responsible for making the appointments.

• d)

  Evaluation of the personnel of the Justice Administration, which shall be done in accordance with what is established by the Judicial Career Law and this Regulation.

• e)

  Preparation of the validation tests that shall be used in the competitive examination competitions.

• f)

  Preparation of the grading systems with their respective weightings.

The Personnel Selection Commission may, in cases not foreseen by the Judicial Career Law and Regulation, propose the issuance of specific norms, submitting them, prior to their approval, to the consideration of the Supreme Court of Justice, through the Personnel Administration Directorate. CHAPTER IV THE JUDICIAL SCHOOL

The Judicial School created for the purpose of providing specialized training to officials and employees, shall function guided by the Judicial Career Council and its Organization shall be regulated by a Special Regulation.

The School shall provide for the execution of courses in the different sections of the Country for entry into service and career, for promotion and advancement within the different branches of Law and in judicial activities of the Public Ministry and Auxiliaries of the Courts.

The Council of the Judicial Career shall organize, through its own school or with the collaboration of universities or public establishments related to the Judicial Career, technical judicial training courses or training programs. To the extent that such training and instruction programs have progressed notably throughout the Country, for the purposes of entry into the Judicial Career or into service, or for promotions to positions of higher hierarchy, it may be required as an additional requirement that candidates have completed and approved said courses. The Council may likewise sponsor special studies within or outside the country, for judicial officials and employees with recognition of their full salary or part thereof.

The Judicial School shall be headed by a Director, who shall be appointed by the Supreme Court of Justice, upon proposal by the Council of the Judicial Career.

The appointment of the Director of the Judicial School shall be made within a period not exceeding three (3) months, from the date this Regulation becomes effective.

The Judicial School, in coordination with the Personnel Administration Office, shall develop and execute an Annual Training Plan, which must contain at least the following: Date or period of execution of each training action, clientele to which it is directed, objectives, content of subjects and other related elements.

The Council and the Personnel Department shall collaborate with the Supreme Court of Justice in studies to grant scholarships to judicial officials, seeking to direct these benefits within a training plan that is useful for better judicial service and suggesting in which areas and to which officials they should be granted.

Scholarships may consist of the granting of leave with full salary compensation for the hours necessary for the judicial official to undertake specific studies. These scholarships shall be granted by the Council of the Judicial Career, hearing the opinion of the corresponding Judicial Office Chief and shall be governed by the regulatory provisions issued by the Supreme Court of Justice. The beneficiaries shall subscribe to a contract and commit to continuing to serve in the Judicial Branch for the term designated by the Council.

To enter the Judicial Service, the following are required:

• a)

  To be of Honduran nationality and be 18 years old, or be over 21 if it concerns officials.

• b)

  To possess moral and intellectual aptitude for the performance of the position, which shall be verified by the Personnel Administration Office through the Personnel Selection Commission.

• c)

  To meet the requirements established by the Position Classification Manual for the class of position in question. ch) To demonstrate fitness, submitting to the tests, examinations or competitions that the Law or its Regulations provide.

• d)

  To have satisfactorily completed the probationary period.

• e)

  To have obtained the respective appointment.

They cannot be appointed by any title to any position in the Judicial Branch:

• a)

  Those who are under civil interdiction.

• b)

  The deaf, the mute, the blind and those who suffer from any physical or mental condition that limits their capacity for competent performance of the position.

• c)

  Those who are suspended from the practice of their profession. ch) Those who, as officials or employees of the Judicial Branch, have been dismissed for serious causes.

• d)

  Those who, for serious faults, have been dismissed from any public position.

• e)

  Persons regarding whom there exists moral conviction that they do not observe a public and private life compatible with the dignity of the position.

The Selection Commission shall hear conflicts that arise regarding the compliance with the requirements established in Articles 51 and 52 of this Regulation.

The Selection Commission shall be responsible for the selection of eligible candidates to occupy positions incorporated in the Regular Service, observing the corresponding standards.

The personnel selection process shall contemplate the organization of systems of calls, direction, development, validation and administration of tests of various types, the evaluation of credentials, educational credits, experience and other matters necessary for entry into the Judicial Career.

All positions included in the Regular Service must be awarded based on competition for qualification of merits and verification of fitness.

Before proceeding with the practice of fitness tests for entry or promotion in the Judicial Career, the Personnel Administration Office through the Selection Commission shall make public notice of the personal requirements that the candidate must meet and those of the position itself.

Calls shall be made with a minimum advance notice of thirty (30) calendar days before the date on which the corresponding examinations will be held.

The calls shall indicate the following: a) Title of the position. b) Minimum education requirements c) Minimum experience requirements ch) Brief description of the nature and duties of the position. d) The salary grade e) Probationary period f) Geographic location of the position g) Deadline for receipt of applications and others as defined according to needs.

The selection process shall be conducted through examinations or tests.

The Position Classification Manual shall contain a list of all position classes that must be subject to selection process through competitive examination or through evaluation of credentials.

After the corresponding examinations have been conducted, the Selection Commission shall prepare the list of scores in descending order, on a scale of one hundred (100) to zero (0), with the minimum acceptable passing percentage being seventy percent (70%). Candidates who achieve the indicated percentage shall be incorporated into the Register of Eligible Candidates.

When a vacancy occurs in any of the agencies whose positions are included in the Judicial Career Law, the hierarchical superior of the same shall send to the Personnel Management Office a request for Personnel Action that shall contain: the name of the agency, the title, characteristics and description identifying the vacant position, the place where it is to be performed and any other special requirements deemed necessary, date and signature of the authorized petitioner.

To fill a vacancy in any of the agencies included in the system regulated by the Judicial Career Law, the Director of Personnel Administration shall send to the Supreme Court of Justice a list of three candidates selected by the Selection Commission to make the respective appointment. Prior to the appointment, the Supreme Court of Justice may arrange for the three selected candidates to be interviewed by the person responsible for the agency where the vacancy exists, in order to evaluate some of the personal qualities of the candidates that are necessary for proper performance of the position. In this case, the head of the agency shall immediately send to the Supreme Court of Justice a note indicating his opinion regarding the qualities observed in the interviewees and the recommendations he deems pertinent.

The proposal of candidates to fill the vacancy referred to in the preceding Article shall be made by the Selection Commission, in accordance with the following order of priorities:

• a)

  Candidates with promotion rights, of the same class and of the same agency.

• b)

  Candidates with promotion rights, of the same class, but from other agencies.

• c)

  Those registered to return to the same class and grade. ch) Those with the highest scores in accordance with Article 28 of the Judicial Career Law and Article 62 of this Regulation.

• d)

  Candidates for entry into the service.

Those listed in the aforementioned list shall be denominated Selected Candidates, from among whom one shall be chosen to fill the corresponding vacancy. If there are multiple vacancies, the same list or another may be used, according to the request of the person responsible for the agency. In any case, the lists shall be sent within five (5) days following the date of the request.

Once the new employee has been selected, the Supreme Court of Justice shall communicate its decision to the Personnel Administration Office to make the appointment effective. Candidates who have not been selected shall be reincorporated into the corresponding registers. The Personnel Administration Office shall determine the validity period of the registers; however, in no case shall this be less than one year nor greater than two years.

The Selection Commission shall not open new selection processes, except in qualified cases at its discretion, while there are sufficient eligible candidates in the corresponding Registers.

Once the Personnel Administration Office has been notified of the selected candidate, it shall proceed to arrange that within a period not to exceed ten (10) days an appointment agreement or promotion agreement, as the case may be, be issued. The Supreme Court of Justice, in accordance with the provisions of Article 29 of the Judicial Career Law, shall be the sole body of the Judicial Career System with authority to authorize appointments and other personnel actions that originate.

of the Judicial Career Law, shall be the sole body of the Judicial Career System with authority to authorize appointments and other personnel actions that originate.

Once the Appointment Agreement or promotion, as the case may be, has been authorized by the Supreme Court of Justice, notification shall be sent to the agency in which the selected candidate shall perform his duties.

In accordance with special circumstances and for the position classes established by the Position Classification Manual, the Examination by Opposition of Credentials shall be conducted. For such purposes, credentials are considered to be the following:

• 1)

  Professional titles or diplomas, scientific or technical, granted by competent national or foreign entities. When such documents are issued abroad, they must be legally authenticated, without which requirements they shall have no value for the purposes of Law and of this Regulation. This is without prejudice to their incorporation into professional practice, when applicable.

• 2)

  Experience in the performance of identical, similar, analogous or different positions, which shall be accredited through certificates or any other legally valid documents issued for these purposes by representatives of public or private institutions where the candidate has provided his services.

• 3)

  Various awards or recognitions granted by educational, professional, social, cultural, scientific, artistic or political entities, whether national or international.

• 4)

  Books, articles, monographs, essays, research works, studies or any other publication made by the offering candidate in matters proper to his profession or activities, or relating to the functions of the position to be performed.

• 5)

  Any other element which, in the judgment of the Selection Commission, serves to assess the technical or scientific professional aptitude, skills and abilities of the candidate.

Upon receipt of such credentials, the Office, through the Selection Commission, shall proceed to create a separate file for each candidate and to conduct the corresponding evaluation, in accordance with the valuation tables that shall be prepared for this sole purpose. Once the evaluation and scoring of the credentials have been completed, the corresponding registers shall be prepared.

For the purposes of recruitment and selection, in cases where the examination by opposition of credentials is applied to the positions, the provisions of the Position Classification Manual shall apply.

The Directorate, through the Commission, is empowered to subject candidates to Competitive Examination of Background and any other type of additional tests, with the object of evaluating the aptitudes for management, leadership, personality, human relations and other qualities of the applicants.

Employees who have voluntarily withdrawn shall retain their right to re-enter in the same class and grade, prior to registration in the Re-entry Registry that shall be maintained by the Personnel Administration Directorate.

In order to be registered in the Re-entry Registry, it is necessary that the candidate has enjoyed the legal status of Regular Employee, which shall be verified with the Cancellation Agreement of the regular employee of the position he occupied.

Registration in the Re-entry Registry shall grant the registered person the following rights:

• a)

  To submit an application to be considered in the lists of Selected Candidates.

• b)

  To enjoy all the rights acquired at the time of his cancellation and as long as the respective registry remains in effect.

• c)

  Other rights inherent to his legal status.

Re-entry candidates registered in accordance with the formalities indicated above may submit to the corresponding tests or examinations, with the guarantee that upon approval, their re-entry to positions of similar category and salary or to those for which there is an option, and observing the norms established in Articles 64 and 65 of this Regulation.

In order for a candidate selected to enter the Judicial Career to be considered a regular employee, it is necessary that he successfully complete a probationary period of 60 business days, counted from the date he took possession of his position. Once the probationary period has elapsed, the employee shall remain permanently in the position he occupies and notification of his appointment shall be communicated to the Director, who shall issue a certificate of his entry, prior to annotation in the Registry of Entries.

For the calculation of the probationary period, it shall be understood that this comprises calendar days, and may be temporarily interrupted due to illness of the employee on probation or for any other cause that causes a suspension of the work relationship for a period greater than ten (10) days, in which case the employee shall subsequently complete the corresponding period.

It shall not be necessary to issue or authorize a new agreement when the employee on probation satisfies this requirement, a written notification from the Personnel Administration Directorate addressed to the head of the office to which the employee shall be assigned being sufficient.

The Personnel Administration Directorate shall maintain a Registry of Regular Employees, in which shall be registered those employees who have successfully completed the probationary period.

The Supreme Court of Justice, in accordance with the request of the head of the office in which the employee is completing his probationary period, may cancel the appointment when the evaluation report, duly justified, is unfavorable to the employee. The request may not be submitted before five (5) business days from the beginning of the probationary period. The cancellation shall be authorized by Agreement of the Supreme Court of Justice within five (5) business days following the submission of the request.

When due to force majeure, a situation arises whose occurrence cannot be known or anticipated in advance and an emergency appointment needs to be made, which if not made could result in serious harm to the service or the general interest, the Supreme Court of Justice may, without further formalities, make the respective appointment on an interim basis. The period of validity of interim appointments shall be regulated in the respective regulations. The person appointed on an interim basis shall not enter the Judicial Career.

Whenever the Supreme Court of Justice exercises the powers set forth in the preceding Article, whether by its own initiative or at the request of the head of the office, it shall immediately notify the Personnel Administration Directorate for the corresponding records and controls. Emergency appointments may not exceed ninety (90) days in each year and no person may receive more than one appointment of this nature in each period of twelve (12) months, counted from the date when the period for which he has been appointed expires.

The period of validity of interim appointments may not exceed one month. If the appointment is for a longer period, it shall be justified in accordance with the following norms:

• a)

  The reason why it is not possible to reassign functions to other employees.

• b)

  Identification of the tasks and responsibilities that shall be attended to on a temporary basis.

• c)

  Justifying information of the interim period required.

The interim employee may not be designated for a new period until six months have elapsed from his first appointment. In any case, the interim employee shall comply with the minimum requirements demanded for the performance of the position.

In no case shall the employee who is appointed on an interim basis acquire the status of Regular Employee and, therefore, shall have no rights as established for Regular Employees that comprise the Judicial Career.

It is the responsibility of the Personnel Administration Directorate to prepare and maintain up-to-date a Manual of Position Classification, which shall contain the nomenclature of each class and grade, the duties, responsibilities, and most important requirements for the performance of each position. The purpose of the Manual shall be to contribute to the implementation and development of the Judicial Career, the preparation of selection tests, and the establishment of a uniform system of compensation.

For the purposes of this Regulation, the following shall be understood as: a) "Position": Set of tasks and responsibilities that require the permanent attention of one person during all or part of the work day and that has an allocation in the respective budget. b) "Class": Group of identical or similar positions in terms of their authority, tasks, and responsibilities, in such a manner that they can be designated under the same descriptive title in which the same requirements and aptitude tests are required of those who will occupy them and that make it possible to establish the same level of compensation under equivalent or similar working conditions.

Classes shall be grouped in series and their grades shall be determined by the differences in importance, complexity, and value of the work.

Classification or Assignment shall be understood as the act by which a new position is placed in the corresponding Class. By Reclassification, the act by which the classification of a position is rectified, because it has been erroneously assigned to a determined Class, due to lack of information, due to over or under valuation, or omission of duties, or for any other reason. By Reassignment shall be understood the change that occurs in the Classification given to a determined position, due to the reason of substantial and permanent change in the duties and responsibilities thereof or by change in the structure of a Class or by the elimination or modification of any classes in the Manual of Position Classification.

By revaluation shall be understood the relocation of a class to another wage scale or grade in the Compensation Structure corresponding to the Judicial Career Regime Compensation Plan.

The Personnel Administration Directorate shall maintain up-to-date a Registry of Classes, in accordance with the structure of services, fields, and subfields of work, and in which all approved modifications shall be recorded.

The Manual of Position or Job Classification shall contain the following: numerical codes to identify the classes, a descriptive title, nature and distinct aspects of the work, which shall not be restrictive or limiting of the duties of each position, typical tasks, minimum requirements of formal and non-formal education, required experience, ability, skills, probationary period, and others that must be required of candidates to occupy the vacant and permanent positions assigned to the respective class.

Classes shall be grouped in Grades or Levels that shall be determined in accordance with the differences in importance of the tasks of the position, degree of complexity, responsibility, authority, and value of the work.

The Personnel Administration Directorate shall maintain updated the Manual of Position Classification, conducting for this purpose the studies and audits necessary for the creation, modification, or elimination of Classes, as well as for the identification of irregularities in any of the elements of the Manual of Position Classification.

The heads or persons responsible for each of the divisions of the Judicial Branch shall be obligated to inform the Personnel Administration Directorate of the changes that originate in the typical tasks of positions or in any of the elements contemplated in the Manual of Position Classification, proceeding this office to apply the technical measures that may be required.

The changes mentioned in the previous Article may be reported by employees who, in their opinion, consider that their positions have been affected in their typical tasks or in any of the elements that influence their performance. The petition shall also be directed to the Personnel Administration Directorate for the corresponding actions.

Whenever the heads or persons responsible for any of the divisions of the Judicial Branch or of its Servers request reviews or studies of Position Classes, the Personnel Administration Directorate shall attend and resolve such petitions within a term of fifteen (15) business days, counted from the date of the request.

When the Personnel Administration Directorate introduces changes in the classification of positions or in the wage levels, the following rules shall be observed: a) When the changes have a budgetary effect, their effectiveness shall be in the following calendar quarter to that in which the authorization has been issued and notified to the affected divisions. b) When no budgetary effects are produced, the changes shall be effective as of the first day of the following month in which the resolution is communicated to the affected divisions.

In the last calendar quarter of the year, no change in Classification or in salaries shall be authorized. The Personnel Administration Directorate shall control the requests that are presented under such conditions for their disapproval.

All requests of the heads or persons responsible for divisions, oriented to introduce changes of any nature, shall have, for their application, the opinion or prior report of the Personnel Administration Directorate.

No position may be created without being included in the Position Classification Manual. Should such a situation occur, the Personnel Administration Department shall classify it and incorporate it into the corresponding Manual. Without having taken the aforementioned measures, no personnel movement shall be authorized nor any payments made without compliance with the requirement mentioned. Non-compliance with this provision shall render the offenders liable to civil and criminal responsibility.

For purposes of reassignment or reclassification, positions may be studied as many times as necessary, at the request of the heads of the departments, of the employee holding the position, or ex officio; however, they may not be reassigned or reclassified more than once in a period of twelve (12) calendar months. SECTION II REMUNERATION

The Personnel Administration Department, in application of the Position Classification Manual and having considered the budgetary availability of the Judicial Branch, shall prepare through the respective unit a Remuneration Plan, in which shall be established the minimum, intermediate, and maximum sums that correspond to each position assigned to a determined classification.

In the Remuneration Plan, the principle shall prevail that equal work shall correspond to equal salary.

No server shall receive a salary lower than the minimum fixed for the position that he or she holds.

For the fixing of salaries, account shall be taken, within the financial possibilities of the Judicial Branch, of the modalities of each work and other factors that bear direct relationship to just compensation, which permits the server to cover his or her normal needs and those of his or her family.

The salaries fixed in the Salary Structure shall correspond to the monthly remuneration of the position to which they are assigned for the complete ordinary workday. However, when by the nature of the position work must be done on a part-time basis, the employee shall receive the proportional salary that corresponds.

The amounts assigned to certain positions or classifications, as applicable, and which represent marginal benefits by reason of cost of living, unhealthy climate, nature of work, or any other similar cause, shall form part of the salary for the time that the cause originating it subsists. Benefits granted in kind or in cash for purposes of representation expenses, travel allowances, or other similar items shall not form part of the salary.

The salary paid by the month or by any other period shall include payment for days of rest and days off.

The salaries paid to Regular Employees shall coincide with the minimum, intermediate, or maximum amounts in the Remuneration Plan, as applicable. Payments made in violation of the foregoing shall be subject to adjustment and the corresponding responsibility shall also be determined.

Every employee protected by the Judicial Career Law and this Regulation shall begin to receive salary from the day on which he or she legally takes possession of the position to which he or she has been assigned.

The Remuneration Plan, once approved and in force by disposition of the Supreme Court of Justice through the Personnel Administration Department, may not be modified except by the same procedure, save in circumstances of extreme national emergency, public calamity, or significant reforms to the budgetary structure of the Judicial Branch and its sources of financing.

Within the limits established in the Remuneration Plan, the respective Heads may propose salary increases considering factors such as efficiency, seniority, conduct, aptitudes, and other qualities that result from the periodic evaluation of the work of the servers.

When increases are based on merit, in cases where applicable, the Personnel Department shall recognize them based on the periodic rating of services and on other data appearing in the server's personal file. The imposition of a disciplinary correction shall interrupt the accumulated time for the increase, unless the Supreme Court of Justice resolves otherwise, taking into account special circumstances of the case.

No more than one salary increase may be authorized in a period of twelve calendar months. In any case, the Personnel Administration Department shall analyze and monitor the requests that are presented.

Regarding the salaries of Regular Employees, no deductions may be made other than those authorized by the employees themselves, by laws, or by order of the Courts of Justice.

Salary modifications for employees who are in a probationary period may not be authorized.

The Remuneration Plan may be submitted for review in accordance with the evaluation of economic, social, and employment conditions that affect its deterioration and consequently its adjustment. The Personnel Administration Department shall conduct the corresponding studies and shall propose the measures that are necessary. CHAPTER VIII PROMOTIONS, TRANSFERS AND EXCHANGES SECTION I PROMOTIONS

A promotion to a higher-grade position shall be considered an advancement, in accordance with the Position Classification Manual.

Promotions may only be made based on seniority, through competitions and competency examinations to be conducted by the Selection Committee, upon prior request that interested parties must submit within five (5) days following the date on which notice of the vacancy is issued. After the examination has been administered, the Personnel Administration Director shall propose to the Supreme Court of Justice the candidates for promotion, in accordance with what is established in Articles 29 and 30 of the Judicial Career Law, so that it may rule on the promotion.

Regular Employees shall have the right to sit for a promotion examination, provided they meet the education and experience requirements established in the Position Classification Manual and demonstrate a seniority of not less than one (1) year in the performance of their current position.

In no case may more than one promotion be authorized within a twelve-month period for the same regular employee.

Every Regular Employee who has been promoted must pass the probationary period in the new position. If he or she does not pass it, he or she shall return to the former position, and may not be submitted to competition to qualify for other positions within a period of six (6) months, counted from the date of conclusion of the probationary period that was not passed.

The Personnel Administration Department must maintain the necessary records and controls for the enforcement of the foregoing provision.

The time that the probationary period lasts shall not interrupt the continuity of the employment relationship for the promoted regular employee.

Every regular employee who has been promoted shall have the right to receive a salary increase in accordance with the salary structure in effect. If there is no financial availability to make said increase effective, the corresponding adjustments shall be made by the Personnel Administration Department, in order to fulfill and guarantee this right. SECTION II TRANSFERS

The Direction or the Selection Committee may conduct the inquiries that are necessary to verify incapacity, deficiency, or faults committed by judicial servants.

When incapacity or deficiency in the performance of a position is verified, if it is not a case of separation for the better of the public service, the server may be exchanged or transferred to another position of equal or lower grade, which shall be determined by the Supreme Court of Justice based on the results of the periodic evaluation of services or upon the corresponding inquiry.

Transfers of Regular Employees from one position to another of the same class and salary may be authorized by the Personnel Administration Department, in the same or different department, within the same geographic location or not, and always provided that the following conditions are present: a) For reasons of service, determined by the head or chief of the department and with hearing of the interested party. b) To improve the provision of services in accordance with the opinion of the Personnel Administration Department and with the consensus of the heads or chiefs of the departments among which such personnel movement occurs.

In no case may transfers to positions of different class and salary be authorized, granting the right to the Regular Employee affected to appeal to the Personnel Administration Department so that it may hear and resolve, within a period of five (5) days, the conflict arising therefrom and without prejudice to the claim that may be filed with the Judicial Career Council, within ten (10) days following notification of the measure that affects him or her.

Transfers to positions of lower rank or salary may be authorized when such action is justified for the application of corrective measures once the Regular Employee's incapacity or inefficiency in the performance of the position has been proven.

In no case shall the transferred Regular Employee be obligated to serve a probationary period. Likewise, transfers may only be authorized for employees who possess the legal status of Regular Employees. SECTION III EXCHANGES

Exchanges may only be authorized for Regular Employees in positions of the same class and salary rank, in the same or different department, within the same geographic locality or otherwise, in the following cases: a) At the request of the employee, accompanied by the report of the Head of the department where the employee performs services and of the Head of the department that shall receive the employee. b) At the request of employees of the same class and salary rank, accompanied by favorable reports from the two Heads of the departments to which they belong.

In all cases, exchanges must be authorized by the Personnel Administration Department, and the necessary records and controls for such actions must also be filled out.

Regular Employees in exchange status shall be exempt from serving probationary periods. CHAPTER IX EVALUATION OF SERVICES

The Personnel Administration Department, through the corresponding unit, shall establish a System of Evaluation of Services for Personnel.

For the purposes of the preceding Article, the application of the aforementioned system must be adapted to the nature of each class of position, and must be conducted at least once per year.

The Personnel Administration Department, through the corresponding unit, shall be responsible for preparing, supplying, and sending the service evaluation forms, including the instructions that shall indicate the purposes and objectives pursued by the system, as well as the methodology to be used. Said instruments shall be sent to that personnel who have supervisory or management responsibility. The Department shall determine the period and timeline to be used annually for evaluations.

The service evaluation and rating form may be modified, with prior authorization from the Supreme Court of Justice, at the proposal of the Personnel Administration Department.

Personnel evaluation shall include the following factors and sub-factors.

• 1)

  CAPACITY a) Knowledge of Work. b) Work Organization. c) Reasoning.

• 2)

  QUALITY OF WORK: a) Accuracy. b) Presentation. c) Perfection.

• 3)

  QUANTITY OF WORK: a) Volume of production. b) Compliance with deadlines. c) Speed.

• 4)

  PERSONAL WORK HABITS: a) Initiative. b) Attendance and Punctuality. c) Personal presentation.

• 5)

  MANAGEMENT:

  • a)

    Leadership.

  • b)

    Compliance with objectives and goals.

  • c)

    Order and discipline.

The result of personnel evaluation shall be subject to a rating in descending order as follows: Excellent, Very Good, Satisfactory, and Insufficient.

The annual evaluation form of each employee shall be incorporated into their personal file, whose rating shall be the determining factor for granting incentives, such as: Promotion, salary increases, transfers, leaves of absence, training programs, and other similar benefits.

When the employee has not completed one year of service in the position held or has worked under different supervisors in the last twelve (12) months, the following rules shall be observed: a) The evaluation shall not be conducted if the employee has not completed six (6) consecutive months of service under the same supervisor. b) Having served under various supervisors in the last twelve (12) months, the evaluation shall be conducted by the supervisor under whom the employee has worked three (3) months or more, taking into consideration the opinion that previous supervisors may offer.

The Personnel Administration Department shall develop, based on these general norms, a Manual of Evaluation of Services that shall be the technical instrument applied to the Regular Employees of the Judicial Career.

To resolve disputes that arise from the application of the System of Evaluation of Services, a Claims Commission must be established with the participation of the Director of Personnel Administration, a representative of the Supreme Court of Justice designated by the President of the Supreme Court of Justice, and a representative of the Regular Employees, who shall be the same representative that serves on the Personnel Selection Commission. Decisions shall be made by simple majority. CHAPTER X DUTIES, INCOMPATIBILITIES, AND RIGHTS SECTION I DUTIES

The Officials and employees of the Judicial Branch must observe at all times and in all places irreproachable public and private conduct.

Officials and employees must reside at the seat of their position, from which they may not be absent on working days and hours, except with permission. However, the respective superior may authorize residence in a place other than the seat for justified reasons and provided that the normal course of work is not hindered.

Officials and employees shall maintain confidentiality regarding the rulings issued in proceedings, while they have not been authorized with the corresponding signatures.

Every official has the duty to examine in the case files of which he is aware whether criminal infractions, police infractions, or disciplinary violations have been incurred by other officials or employees, and to give the corresponding notice for their investigation and sanction.

The Offices of the Courts and Judges must remain open to the public during working days and hours and may not be closed during such time, except for justified reasons.

In addition to the provisions in the preceding Articles, all Regular Employees shall comply with the personal provision of services in a regular and continuous manner, with the dedication and efficiency required by the position; likewise, they shall obey the orders that their hierarchical superiors issue in accordance with the Law.

The Personnel Administration Department shall ensure, in collaboration with those responsible or Heads of departments, strict compliance with duties, by periodically requesting general or individual reports that demonstrate compliance with the pertinent norms. For these purposes, complaints formulated by the affected parties regarding the provision of any service may be taken into account according to the justifications of the case. SECTION II INCOMPATIBILITIES

Officials of the Judicial Branch may not be members of political party organizations, nor may they participate in debates of an electoral character, except for the exercise of the right to vote.

The positions of the Judicial Branch and the Public Ministry are not cumulative and are incompatible with the performance of any other paid position, with the professional management of third-party business, with positions of popular election and those of political representation, with the exercise of commerce, with the status of Minister of any religious denomination, with active military service, except in military penal jurisdiction, with any participation in the practice of law and notary services, with the positions of Appointed Curator and Auxiliary of justice with the direction and oversight of litigation and the exercise of the position of Auxiliary extends to those who are on leave of absence. Excepted from this provision are Substitute Magistrates and representatives of the Public Ministry, teaching positions up to a limit of ten hours per week, provided that they do not affect the regular course of work.

The Personnel Administration Department shall be responsible for compliance with the foregoing provisions, by requesting ex officio any information relating to situations of incompatibility in the exercise of positions; likewise, it may analyze the complaints that are formulated in this regard by those affected.

Both Substitute Magistrates and representatives of the Public Ministry, who in accordance with the Law of the Judicial Career are excepted from the provisions relating to incompatibilities, shall inform in writing the Personnel Administration Department of the exercise of different positions, whether these are teaching positions or of another nature, registering the corresponding information in the personnel files.

Any other prohibition that by virtue of law is established to guarantee effectiveness, impartiality, and independence in the exercise of positions shall be observed with due rigor, without prejudice to infractors incurring in liability. SECTION III RIGHTS

The servants of the Judicial Branch shall enjoy the right to stability in their positions when they properly enter the service and may only be removed when they incur in causes for dismissal, in accordance with the Law of the Judicial Career and its Regulations.

The servants of the Judicial Branch shall also enjoy the following rights:

• a)

  To obtain regular and complete payment of their salary, from the day of taking office in the position for which they have been appointed.

• b)

  To be promoted to positions of higher rank and salary, prior verification of their efficiency and merits.

• c)

  To enjoy, after each year of service, paid vacation for a period of one month. ch) To enjoy paid leave for justified causes such as: Illness, pregnancy, accidents, bereavement, study scholarships, and training programs, all in accordance with what is determined by the Law of Organization and Attributes of the Courts and the Regulation of the Law of the Judicial Career.

• d)

  To enjoy unpaid leave of up to three months in the year and when they temporarily assume another position, UP TO THE LIMIT OF THE PERIOD THEY EXERCISE IN PERMANENT STATUS. Career officials shall have the right to enjoy leave of up to two years, but only to pursue specialization courses or activities of teaching, research, or scientific advisory services to the State, with prior favorable opinion from the Judicial Career Council.

• e)

  To enjoy the benefits established by the Law of the Honduran Social Security Institute and other social prevention laws, in the manner determined in the regulations and programs prepared for this purpose.

• f)

  To be indemnified in accordance with what is established by the Law of the Judicial Career.

• g)

  To be retired in accordance with the Law.

The servants of the Judicial Branch shall also enjoy the following rights:

• a)

  For bereavement, the employee shall have the right to one week of paid leave if the deceased is one of the parents, children, siblings, spouse, or housemate companion. Such leave shall be granted by the Head of the department. However, if the deceased lived away from the employee's residence, the employee shall have the right to paid leave of up to ten (10) days. It shall be the responsibility of the Head of the department to determine the distance to grant leave within the maximum period of ten (10) days. In the case of death of a relative of the employee, within the fourth degree of consanguinity and second degree of affinity, who are not those mentioned in the first paragraph, the Head of the department may grant paid leave of up to three (3) business days.

• b)

  For marriage, the employee shall be granted six (6) business days with salary.

• c)

  For study scholarships and training programs, paid leave shall be granted in accordance with the provisions that the Personnel Administration Department may issue for this purpose. ch) Unpaid leave to care for parents, children, siblings, spouses, housemate companions, in cases of serious illness of the latter, provided that a medical certification is presented to the Head of the Department stating the necessity of the employee's presence. Such leave may not exceed one month and shall be granted by the Head of the department.

• d)

  Paid leave when the employee performs special commissions within or outside the country, in which the Supreme Court of Justice has an interest; when the duration is equal to or less than one month, it shall be granted by the Head of the department, and when it exceeds one month, it shall be granted by the Supreme Court of Justice.

In addition to the paid leaves to which the employee is entitled in accordance with the previous Article, every public servant shall have the right to enjoy the following national holidays or festivities: January 1st, April 14th, May 1st, September 15th, October 3rd, October 12th, October 21st and December 25th, Thursday, Friday and Saturday of Holy Week.

The rights established in the Judicial Career Law and in this Regulation correspond exclusively to employees of the Regular Service.

The regular employee who is terminated before obtaining the right to vacation may claim payment of proportional vacation.

The managers or Heads of departments shall prepare a vacation schedule, which shall be made known to all regular employees and authorized by the Personnel Administration Department. For compliance with this provision, vacation schedules shall be sent before February 15th of each year.

All regular employees shall enjoy a vacation period without any interruption. These may only be divided into two or three periods when, for justified reasons or due to the special nature of the duties, a prolonged absence is not advisable. The Personnel Administration Department shall determine what type of duties shall be subject to these restrictions.

Every employee shall have the right to resign from his position without administrative liability on his part, provided he gives advance notice in accordance with the following terms: a) From one month to one year of service, with fifteen (15) days' notice. b) With more than one year of service, with thirty (30) days' notice.

Public servants of the Judicial Branch shall have the right to enjoy retirement when they meet the requirements established by Law, which shall not be subject to payment of Income Tax nor any other deduction not voluntarily authorized by the retiree. The Personnel Administration Department shall be responsible for establishing a Retirement Regime in accordance with the pertinent legal, technical and actuarial studies. It shall be understood that the Judicial Career is organized and comprised of both an active career system and a passive career system. CHAPTER XI DISCIPLINARY REGIME

By Disciplinary Regime shall be understood the set of rules aimed at producing a corrective effect on the employee's conduct.

The following shall be considered as acts by officials and employees that offend the dignity of the administration of justice, among others:

• a)

  Habitual drunkenness, practice of prohibited games, use of narcotics, frequenting indecent places and homosexualism.

• b)

  Injurious or defamatory expressions against institutions or against any public employee or official.

• c)

  Making offensive, outrageous or defamatory qualifications against persons who intervene in proceedings, whether in judicial proceedings or outside them. ch) Requesting or receiving gifts, treats, loans, presents and any kind of profits coming directly or indirectly from the parties or their representatives, in matters of which they have knowledge, or offering to give them to other officials or employees or requesting and receiving them from the same.

• d)

  Influencing, directly or indirectly, subordinates in the appointment of officials or employees.

• e)

  Requesting or promoting publicity of any kind regarding their person or their actions, without prejudice to the right to rectify information or comments.

• f)

  Exercising, directly or indirectly, activities incompatible with the propriety of the position or that in any way offend its dignity.

The following acts are contrary to the effectiveness of the administration of justice:

• a)

  Failing to process or unjustifiably delaying the dispatch of matters under their charge, the work assigned to them by Law and office regulations, or allowing deadlines to pass without the corresponding action.

• b)

  Failing to provide timely information that they must provide or providing it inaccurately or incompletely.

• c)

  Failing to report unjustifiably to the respective office; closing it without legal reason or improperly limiting work hours or service to the Public. ch) Violating the regulations on appointments of officials or employees and those regulating the designation of auxiliaries.

• d)

  Failing to attend acts or proceedings where their presence is required or signing rulings without having participated in their discussion or pronouncement.

• e)

  Failing to report to the competent authority crimes or offenses committed by officials or employees, representatives and auxiliaries who intervene in matters being processed in the office or of which they have general knowledge due to their position.

• f)

  Failing to sanction violations by officials and employees or acting with leniency in their sanction.

• g)

  Exercising direct or indirect influence over any official or employee of the administration of justice, in order that they proceed in a certain manner in matters of which they know or are to know.

• h)

  Advising or counseling in matters of their competence or whose knowledge is attributed to another authority.

• i)

  Propitiating, sponsoring or organizing total or partial suspensions of activities, reduction in work pace, and participating in such acts or tolerating them.

• j)

  Failing to comply with commissions assigned or delegated to them, as well as unjustifiably delaying their evacuation.

• k)

  Failing to attend hearings or timely and personally conducting evidence, in cases where Law so orders; failing to render or notify judgments and other rulings in matters submitted for their decision.

• l)

  Recording in any judicial proceeding facts that did not occur or failing to relate those that did occur.

• m)

  Contravening provisions regarding fees of auxiliaries and tariff regulations.

• n)

  Appointing to their service, in stable or temporary form, persons who are relatives of each other within the fourth degree of consanguinity or second degree of affinity. ñ) Allowing in matters submitted to their knowledge the representation of persons not legally authorized.

In general, it is considered misconduct of judicial officials and employees, the non-compliance with the duties of their positions, the violation of regulations on incompatibilities for exercising it; or exercising the position despite knowing the legal impediments that prohibit them.

The following shall be considered minor infractions:

• a)

  Absenting oneself from the position, without authorization, during regular working hours.

• b)

  Mistreatment by deed or word against subordinate employees.

• c)

  Involuntary errors in the preparation of their work. ch) Lack of care or neatness in the person and in work instruments.

Minor infractions shall result in a verbal reprimand. Upon the server incurring a second minor infraction, a written reprimand shall be applied as sanction.

The infractions specified in Article 172 of this Regulation shall be considered less serious and shall be sanctioned with a fine of no less than five days' salary and no more than thirty days.

Recurrence in a less serious infraction shall result in a serious infraction, and shall be sanctioned with suspension from office; the same sanction shall be applied to serious infractions, not exceeding three months.

The serious infractions established in Article 173 of this Regulation shall constitute serious faults, without prejudice to the provisions on the Dismissal Regime set forth in Article 187 thereof. CHAPTER XII SANCTIONS

Independently of the criminal sanctions that may be applicable, to the judicial officials and employees who incur in the infractions enumerated in the preceding Chapter, shall be applied, according to the gravity of the infraction, taking into account the antecedents of their conduct and what is expressly provided in the Judicial Career Law and this Regulation, one of the following sanctions: 1. Fine 2. Suspension from office, without right to remuneration. 3. Dismissal in accordance with the causes and procedure established in Chapter XIII of this Regulation.

When the infraction, in the judgment of the superior, does not warrant another sanction, the superior shall admonish the offender in writing and ex officio, and shall leave a copy in the employee's personal file and another that shall be remitted to the Personnel Administration Directorate for the same purposes.

The fine shall not be less than the value of five days of salary earned by the official or employee, nor exceed that of one month, and shall be made effective by deducting it in equal installments not exceeding one-fifth of the monthly salary, and shall be determined according to the gravity of the infraction.

Suspension from office, without right to remuneration, for a term of up to three months may be imposed in the case of serious infractions or recidivism in minor ones; it may entail exclusion from the career on the first occasion, and shall necessarily produce it upon repetition of the infraction.

Disciplinary sanctions shall be applied taking into account the nature of the infraction, the functions performed by the offender, their degree of participation in it, and their antecedents in ratings and sanctions. For such determination, the Public Ministry shall submit to the file the antecedents of the offender. Evidence shall be evaluated according to the rules of sound judicial reasoning.

Without prejudice to what is provided in the preceding Articles, the Internal Discipline Regime of each judicial office or of the Public Ministry shall be in charge of the respective superior, who, in order to maintain it, may impose ex officio on employees a fine of up to five days of salary and suspension without remuneration for up to ten days. CHAPTER XIII DISMISSAL REGIME

The Dismissal Regime shall be understood as the set of norms that regulate the separation or dismissal of a server of the Judicial Branch in the Regular Service, for justified causes.

Servers of the Judicial Branch may be dismissed from their offices for any of the following causes:

• a)

  Non-fulfillment or serious and repeated violation of any of the duties, incompatibilities and conduct established in Chapters XI and XII of this Regulation.

• b)

  Having been sentenced to serve a penalty for a felony or misdemeanor in a final judgment. Preventive detention or a detention order issued against the server shall cause the suspension of the work relationship, and the server shall be obligated to resume work within the two business days following release plus the travel time, if applicable. If the employee's detention occurs for more than six months, it shall result in the termination of the relationship, without liability for either party.

• c)

  Demonstrated inability or manifest inefficiency in the performance of office, legally proven. ch) Failure to attend work without permission, without justified cause and without timely notification to the hierarchical superior, for two complete and consecutive business days and for three alternate business days within a one-month period; closing judicial offices without legal cause or improperly limiting work hours or hours of service to the public. Absences for incomplete days may be accumulated to complete the preceding periods.

• d)

  Recidivism in the commission of a serious infraction.

• e)

  Any act of violence, insults, slander, mistreatment in which the server incurs during his duties or outside of service, to the detriment of his superiors when committed by the server, without immediate and sufficient provocation on the part of the affected party having preceded it.

The sanction of dismissal, as well as the disciplinary measures of fine and suspension from office without salary, may not be applied except by means of a prior Summary Report and having heard in hearing the reasons and defenses of the interested party, conducting the pertinent investigations and presenting the evidence that corresponds. To this effect, the Personnel Administration Directorate, by itself or through the official superior to whom it delegates such function, shall cite the employee in writing, specifying the charges imputed to him, so that he may appear at the place, date and time in which the hearing shall be held. The employee may provide or request that the means of evidence he deems necessary be presented. After the evidence is presented, the Directorate or the head of the department that knows of the case shall report on the results thereof, according to the Minutes drawn up for that purpose, which must be signed by all present. In case someone refuses to sign, such refusal shall be noted in the Minutes. The Personnel Administration Directorate shall make the final decision on whether to uphold or not the disciplinary sanction announced to the employee, notifying the interested party in writing of its decision. The dismissal shall become final once the remedies filed by the accused have been exhausted and decided.

Any dismissal of a server of the Judicial Branch made for any of the causes established in Article 187 of this Regulation shall be understood as justified and without any liability for the Judicial Branch, when, after exhausting the defense procedure of the affected server, a final judgment is issued declaring the dismissal proper.

The judicial server affected by a disciplinary measure or a dismissal may, within ten (10) business days from the date of notification of the disciplinary measure or the dismissal, as the case may be, apply before the Judicial Career Council. If he does not do so within the indicated period, the imposed sanction shall become final, unless he proves that he was not properly notified or was prevented by just cause from filing the complaint. If the interested party appeared within the legal period, the Council shall issue a resolution setting the date of a procedural hearing for the appellant and the Directorate to present evidence, which must be presented within fifteen (15) days following the date on which it was offered. After the evidence is presented, the Council shall issue a resolution within five (5) business days following.

The resolutions of the Judicial Career Council that are a consequence of a complaint against a dismissal may consist of the confirmation of the dismissal or the reinstatement to service of the affected judicial official or employee, either to the same office or to another of equal rank with the right to receive the salaries earned since removal from office. The Council's ruling may contain, furthermore, when it is proper in accordance with the facts proven, a disciplinary sanction of those indicated in Article 56 of the Judicial Career Law and Article 180 of this Regulation.

The judicial server who is removed from office without justified cause shall have the right to be reinstated to his position, as provided in the preceding Article, or to receive an indemnity equivalent to one month of salary for each year of service, up to a maximum of six years, when his reinstatement is not possible or advisable in accordance with the ruling of the Judicial Career Council. In any case, to this indemnity must be added the amount corresponding to one month of salary by way of notice, in cases in which such notice was not communicated to him.

Notwithstanding what is provided in Article 187 of this Regulation, the Supreme Court of Justice may cancel the appointment of one or more servers of the Judicial Branch, for the following reasons:

• a)

  Forced reduction of services or personnel for budgetary reasons.

• b)

  Reduction of services or personnel to rationalize the administration of justice.

• c)

  To obtain a more efficient and economical administrative organization. Such cancellation must be based on the opinion that for that purpose must be issued previously in writing by the Judicial Career Council, at the request of the Personnel Administration Directorate.

In order to dispense with the services of persons affected by the layoff referred to in the preceding Article: The Personnel Administration Department shall take into account the following factors:

• a)

  The periodic evaluation of each of the servers

• b)

  Years of service in the Administration of Justice.

• c)

  The condition of being a poor head of family with minor children. In any case, the layoff must be notified to the server with one month's notice in advance.

The Judicial Branch server affected by a layoff has the right to payment of an indemnification equivalent to one month's salary for each year of service, up to a maximum of six (6) years, without prejudice to the rights that correspond to him in respect of accrued or proportional vacations, year-end bonus, and retirement when applicable. CHAPTER XIV ON REHABILITATION

The removal from judicial offices or positions shall not prevent the appointment of that same person at a later time, provided that the Supreme Court of Justice has ordered the rehabilitation of the removed person so that he may be appointed in the future. The rehabilitation request shall not be admissible before three years have elapsed, counted from the day the removal became effective. The Supreme Court of Justice shall resolve on said rehabilitation in a private session and by secret vote, having before it the background of the case and any other information that the Supreme Court of Justice deems appropriate. Rehabilitation may only be granted by the unanimous vote of the Magistrates.

It shall be the responsibility of the Personnel Administration Department to maintain a Registry of Rehabilitated Persons, recording names, date of dismissal, date of reinstatement, type of faults committed, and Authorization Agreements for reinstatement issued by the Supreme Court of Justice with their effective date. CHAPTER XV WORKING HOURS

The ordinary working day for Judicial Branch employees shall not be less than 39 hours nor more than 44 working hours during a week; distributed as determined by the respective Regulation, but in

no case shall the working day exceed eight hours per day. Extraordinary work shall be that performed outside ordinary working hours and shall be remunerated according to the Regulation.

Extraordinary work added to ordinary work shall not exceed 12 hours per day, except in special cases of necessity qualified by the respective Chief and subject to the control procedure established by the regulations.

Only in cases duly qualified by the Personnel Administration Department may regular shift work schedules of up to twelve (12) hours be authorized, daytime or nighttime, with a rest period in daytime shifts of twenty-four (24) hours and in nighttime shifts of forty-eight (48) hours; however, the working day thus regulated shall not exceed forty-four (44) working hours in the week.

Daytime work is that performed between 5:00 a.m. and 7:00 p.m. and nighttime work between 7:00 p.m. and 5:00 a.m. Mixed shift is that which comprises periods of time from both daytime and nighttime hours, provided that the nighttime period covers less than three (3) hours, otherwise it shall be considered a nighttime shift.

Actual work performed outside the limits of ordinary working hours shall be remunerated as follows: with a 25% surcharge on the daytime shift salary, when performed during the daytime period; with a 50% surcharge on the daytime shift salary, when performed during the nighttime period; and with a 75% surcharge on the daytime shift salary, when the extraordinary shift is an extension of the nighttime shift.

The Magistrates of the Courts of Appeal, Judges of First Instance, Justices of the Peace, Court Secretaries, and Process Servers are exempt from the limits of ordinary working hours established in this Chapter.

The offices of the Judicial Branch shall operate in accordance with the schedule established by the Supreme Court of Justice.

It shall be the responsibility of the Personnel Administration Department to conduct the necessary studies and investigations for the modification of working hours. CHAPTER XVI JUDICIAL SUPERVISION

Judicial supervision has the purpose of ensuring that justice is

administered promptly and effectively and entails the examination of the conduct of officials and employees and the oversight of the proper performance of their duties.

Judicial supervision corresponds to the Supreme Court of Justice and the Public Ministry.

Judicial supervision shall be exercised principally through general and special inspections. General inspections shall be conducted at each judicial office at least once per year and have the purpose of:

• a)

  Establishing the attendance of officials and employees at the respective office, their personal appearance, behavior, and performance.

• b)

  Verifying the order, currency, accuracy, and presentation of the books and case files processed there.

• c)

  Verifying compliance with time limits, the management of judicial deposit certificates, and the existence of assets that belong to each matter.

• d)

  Observing the installation of the office and its working conditions. Special inspections shall be conducted when so ordered by the Supreme Court of Justice.

A record shall be drawn up for each visit containing the conclusions of the case. If charges appear in the record, they shall be transmitted to those affected so that within the unextendable period of eight days they may present their defenses and provide the corresponding evidence within the following eight days. Upon expiration of said period, the Public Ministry, within twenty days, shall carry out the evidentiary proceedings and shall issue an opinion regarding the charges which, in its judgment, have been disproven, indicating the provisions it considers violated, the reason for their violation, requesting the disciplinary sanction of the case, and shall remit the proceedings to the corresponding authority to advance the disciplinary process. In the visit record, not only the deficiencies and resulting charges shall be entered, but also a record shall be made of the positive aspects that merit being highlighted.

Any person having knowledge of irregularities in the administration of justice may file the corresponding complaint before the respective official of the Judicial Branch; if the official receiving it is not the one in charge of exercising judicial oversight of the affected office, it shall be immediately forwarded to the corresponding official, who shall process it without delay.

When investigating a violation whose verification does not warrant a visit, the Public Ministry shall have thirty (30) days to conduct the investigation; upon expiration of this period, a resolution shall be issued. If applicable, the proceedings shall continue in the manner provided in Article 208 of this Regulation.

The charges that are filed and all those irregular acts attributable to the judicial employee or official through reports and investigations shall be registered by the Personnel Administration Directorate in the respective personnel files. CHAPTER XVII JUDICIAL STAMP

For the achievement of the restructuring of the Departments of the Judicial Branch and for the functioning of the Judicial Career, funds derived from the sale of the Judicial Stamp shall be applied, for whose management the provisions of the Special Regulation of the Judicial Stamp approved by the Supreme Court of Justice shall be followed. CHAPTER XVIII DESCRIPTION OF RIGHTS AND ACTIONS

The rights and actions that the Law grants to servants of the Judicial Branch shall prescribe within a period of sixty days, counted from the date on which they could be made effective, unless a different period is specially established for such purpose. Said period shall begin to run from the next business day following the date on which the judicial servant was notified of the resolution affecting him. In the same manner, the authority's action to impose disciplinary sanctions and dismissal contemplated in the Judicial Career Law shall prescribe within a period of sixty days. The period referred to in this paragraph shall begin to run from the next business day following the date on which the immediate authority became aware of the violation. CHAPTER XIX GENERAL AND TRANSITORY PROVISIONS I. GENERAL PROVISIONS

Cases not provided for in the Judicial Career Law, this Regulation, and other complementary or related provisions that may be issued shall be governed by the provisions of the Civil Service Law and its Regulation, Law of Organization and Powers of the Courts, Administrative Procedure Code, Law of Retirement Benefits for the Justice Branch, and in the absence thereof, by those of the Civil Code and Code of Civil Procedure.

Any appointment made in violation of what is provided in the Judicial Career Law and its Regulations shall not grant any right to the person who obtained it; however, the acts of these judicial servants, executed in accordance with law in the exercise of their duties, shall be valid.

All proceedings related to the application of the Judicial Career Law, its Regulations, and other complementary or related provisions are exempt from the use of stamped paper and stamps. II. TRANSITORY PROVISIONS

Judicial Branch servants who, at the date this Regulation enters into force, are providing permanent services shall retain the right to continue in their positions, except as provided in the following paragraph. Those who have five (5) or more years of service in the Judicial Branch shall be considered as providing permanent services; those with no less than two uninterrupted years and who submit to a capacity evaluation without opposition; and those with less than two years in service, who shall be subject to the results of an evaluation with opposition. The affected servant may appeal before the Judicial Career Council from the decision rendered. The employee removed in any of these cases shall have the right to the compensation established in Articles 68 of the Judicial Career Law and 191 of this Regulation.

Within the first year of effectiveness of this Regulation, the Supreme Court of Justice shall gradually implement the organizational structure of the Judicial Career System, integrating the bodies of its administration, beginning with the Personnel Administration Directorate for purposes of planning and organizing the system, enacting statutes, manuals, instructions, forms, as well as the necessary measures to regulate each and every unit of the personnel administration system, in such a manner that before the end of said period it should be in conditions to function fully and effectively.

The requirements demanded in Article 51 of this Regulation and Article 23 of the Judicial Career Law for admission to the Judicial Career shall be understood without prejudice to what is provided in the Constitution of the Republic and in the other laws governing the Judicial Branch, regarding Justices of the Supreme Court of Justice, Justices of the Courts of Appeals, Judges of First Instance, Inspector and Registrars of Real Property and Commercial Property, Justices of the Peace, Prosecutors, Secretaries, and Court Officers.

For the application of the Remuneration Plan, the Supreme Court of Justice, through the Personnel Administration Directorate, shall perform the necessary actions for the creation or strengthening, as applicable, of the corresponding budgetary allocations.

Regarding the Manual for Classification of Positions, work schedules and hours, the Supreme Court of Justice shall proceed through the Personnel Administration Directorate to make the necessary adjustments within a period not to exceed six (6) months from the date these regulatory provisions enter into force.

For payment of the indemnities established in the provisions of this Regulation, the Supreme Court of Justice shall make the necessary provisions in the Budget of Expenses of the Judicial Branch, creating the corresponding budgetary items.

This Regulation may be reformed with a number of votes not less than two-thirds of its members.

This Regulation shall enter into force on January One, nineteen hundred eighty-eight, and shall be published in the Official Gazette "La Gaceta". Given in the Chamber of Sessions of the Palace of Justice, in the city of Tegucigalpa, Municipality of the Central District, on the twenty-seventh day of the month of October of nineteen hundred eighty-seven. F. SALOMON JIMENEZ CASTRO President ROBERTO PERDOMO PAREDES JAIME PINEDA RODRIGUEZ OSCAR ALVAREZ DURON ELIAS JONES CALIX HERNAN CARCAMO TERCERO EVELIO RODRIGUEZ ARMIJO

JOAQUIN D. ALCERRO DIAZ SAUL MUÑOZ ORELLANA JUAN CARLOS PEREZ CADALSO A. Secretary1 1 Published in the Official Gazette La Gaceta Number: 25,657 dated October 17, 1988.