Search with AI

Support Leyes.HN

Leyes.HN is free for everyone. Your donation helps keep it that way.

Donate
January 11, 2022In force

Commission for the Diplomatic Career Scale

Congreso Nacional

  • Decree: 91-2021
  • Published: January 11, 2022
  • Issuing body: Congreso Nacional
  • Gazette: 35,819
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree approves the regulation that establishes how Honduras' Diplomatic and Consular Rank Commission functions. It regulates the entry, promotions, availability, and retirement of diplomats and consuls based on merit, experience, and annual evaluations. It affects all officials working in foreign relations and those aspiring to enter the diplomatic career.

Considerations

Whereas the Law of the Diplomatic and Consular Service of Honduras is the legal instrument for the application of Honduras' Foreign Policy, contributing to the preservation of sovereignty and national security, maintaining and ensuring peace, political stability, and the economic and social prosperity of all its inhabitants. These purposes shall be executed through the State Department in the Offices of Foreign Relations and International Cooperation. Likewise, it is the instrument that allows it to regulate the organization and functioning of the Diplomatic and Consular Service of Honduras, in accordance with national interests and in accordance with the norms and principles established in the Constitution of the Republic, Treaties, international Agreements and other applicable laws. In the same manner, it establishes the Diplomatic and Consular Rank System and, in turn, the creation of the respective Commission.

Whereas the Commission of the Diplomatic and Consular Rank System is responsible for conducting the system of the Diplomatic and Consular Service and, in turn, resolving on matters related to the admission, promotions, availabilities, and retirements of officials and public servants in the Diplomatic and Consular Rank System of Honduras. Likewise, it is responsible for the selection of human resources, their annual evaluation, registration, rank, level, merit, seniority and other related matters.

Whereas the Career Diplomatic and Consular Service is a specialized, professional, hierarchical, and disciplined public function founded on the principle of merit, and therefore requires specific norms that regulate the functioning and structure of the Internal Service and the Foreign Service, taking into consideration the capabilities, academic level, and professional experience of the members and aspirants to the Diplomatic and Consular Rank System of Honduras.

Whereas the reform to the Law of the Diplomatic and Consular Service of Honduras empowers the Commission of the Diplomatic and Consular Rank System to prepare and issue its own Regulation of Functioning.

Articles

Article 1.-

Scope. This regulation shall govern all functions and powers inherent to the Commission of the Diplomatic and Consular Service Career Scale. It shall also regulate the Career Diplomatic and Consular Service system with regard to admissions, promotions, availability, retirements, human resource selection, annual evaluation, registry, rank, level, merit, seniority, and other related matters.

Article 2.-

Applicability. The regulation of the Commission of the Diplomatic and Consular Service Career Scale is applicable to all members of the Diplomatic and Consular Service Career Scale and to applicants seeking to enter it.

Article 3.-

Definitions. For the purposes of this Regulation, the following terms shall be understood as: 1. Applicant or Candidate for Admission: any public official or government employee of the Secretariat of Foreign Relations and International Cooperation and, when circumstances permit, other persons who wish to enter the Career Diplomatic and Consular Service, through the mechanisms prescribed by law. 2. Position: all duly structured posts in the detailed annex of positions and salaries of the Secretariat of Foreign Relations and International Cooperation. 3. Availability: a condition of inactivity of an official or government employee of the Career Diplomatic and Consular Service. 4. The Career Scale: refers to the Diplomatic and Consular Service Career Scale. 5. The President: the President of the Commission of the Diplomatic and Consular Service Career Scale. 6. The Secretary: the Secretary of the Commission of the Diplomatic and Consular Service Career Scale. 7. The Secretary of State: the Secretary of State in the Portfolio of Foreign Relations and International Cooperation. 8. The Commission: the Commission of the Diplomatic and Consular Service Career Scale. 9. The Secretariat: the Secretariat of State in the Portfolio of Foreign Relations and International Cooperation. 10. Member of the Commission of the Diplomatic Service: all officials and government employees who, pursuant to law, must comprise the Commission. 11. Member of the Diplomatic and Consular Service Career Scale: any official or government employee of the Secretariat who is incorporated in the Career Scale. 12. Rank: the status in the Diplomatic and Consular Service Career Scale, granted by the Commission. 13. Level: the internal precedence within each of the established ranks. 14. Retirement: the situation of a person who, having provided services as a career official, has completed his or her diplomatic and consular career. 15. Pension: the situation of a person who has completed his or her diplomatic and consular career, enjoying the corresponding pension granted by the National Institute of Pensions and Retirements for Employees and Officials of the Executive Branch (INJUPEMP). 16. Active Service: consists of the occupation of the corresponding positions and ranks and consequently, the performance of functions in accordance with their assignment, whether in Domestic Service or Foreign Service; for the time period that the needs of the Service warrant. 17. Career Diplomatic and Consular Service: comprises the officials and government employees incorporated in the respective Career Scale.

Article 4.-

Ranks within the Diplomatic and Consular Service Career Scale. The pyramidal structure of the Career Scale in the diplomatic field is of an ascending type, beginning with the rank of Third Secretary and culminating with the rank of Ambassador, in accordance with the promotions obtained during the diplomatic career, through the mechanisms prescribed by law, with the following diplomatic ranks being established: 1. Ambassador 2. Minister 3. Minister Counselor 4. Counselor 5. First Secretary 6. Second Secretary 7. Third Secretary Each of the ranks must have three (3) levels, structured in consideration of professional qualifications, experience, and precedence, for the purposes of defining salary assignment and promoting professionalization of the Service. Such ranks must maintain their respective equivalences in the consular category, in accordance with the provisions of Articles 14 and 65 of the Law of the Diplomatic and Consular Service of Honduras. The levels shall be developed in the Manual of Positions and Salaries of the Diplomatic and Consular Service currently in effect.

Article 5.-

Composition of the Career Scale. The Career Scale shall be comprised of the ranks and levels contained in Article 4 of this Regulation and each official or government employee shall be integrated within them in order of seniority and merit. On that basis, the Commission shall determine the precedence of the levels in each rank.

Article 6.-

List of Members of the Career Scale. Each time it is updated, the Commission shall submit to the Secretary of State for publication in the Official Gazette "La Gaceta", the list of officials who are admitted, promoted, or placed in a situation of availability, retirement, or pension.

Article 7.-

The Commission of the Diplomatic and Consular Service Career Scale is responsible for conducting the Career Diplomatic and Consular Service system and proposing to the Secretary of State the resolutions on matters relating to admissions, promotions, availability, retirements, or pensions of officials and government employees, as well as the human resource selection process for their admission thereto, in accordance with its regulation. Furthermore, it shall conduct the annual evaluation of the members of the Career Scale and their proper registry, based on rank, merit, seniority, among other aspects. The decisions issued by the Commission shall take the form of Resolutions and these shall be proposed to the Secretary of State, who shall approve them in the exercise of the powers conferred upon him or her by the Constitution of the Republic and the laws of Public Administration.

Article 8.-

Members of the Commission. It shall be comprised of the officials or government employees who hold the following positions:

  • 1)

    Director General of Foreign Policy, who shall preside;

  • 2)

    General Secretary;

  • 3)

    Director of the Diplomatic Academy "José Cecilio del Valle";

  • 4)

    Director General of Consular Affairs;

  • 5)

    Sub-Manager of Human Resources, who shall act as Secretary of the Commission; and, 6. Two members of the Diplomatic and Consular Service, duly incorporated in the Career Scale and in active status. The President of the Commission shall present to the Secretary of State three (03) candidates from the Foreign Service and three (03) candidates from the Domestic Service, duly incorporated in the Career Scale, for the final decision on the officials in active status who shall form part of the Commission. Additionally, the President of the Commission may submit to a vote of the Members, the participation of advisors in the matter when the subject matter warrants it, and in turn, the assignment of technical support that may assume the function of elaborating and editing official documents that are constructed in the plenary of the Commission.

Article 9.-

Applicable Existing Regulations. The Commission shall act and conduct all its processes in accordance with the provisions of the Law of Public Administration, Law of the Diplomatic and Consular Service and its amendments, Regulation of Organization and Function of Powers of the Executive Branch, the General Provisions of the Budget for the current fiscal year, as well as the Manual of Positions and Salaries of the Secretariat of Foreign Relations and International Cooperation and other applicable laws.

Article 10.-

Powers of the Commission:

  • 1)

    To conduct the Career Diplomatic and Consular Service system;

  • 2)

    To propose resolutions on admissions, promotions, transfers, rotations, availability, retirements, nullifications, or any other matter related to the Diplomatic and Consular Service regime;

  • 3)

    To convene applicants to selective tests for admission to the Diplomatic and Consular Service; and, 4. To annually evaluate the officials and government employees of the Diplomatic and Consular Service, on the basis of performance criteria established in this regulation, for the purpose of executing promotions, availability, retirements, nullifications, or any other matter related to the Diplomatic and Consular Service regime. The resolutions proposed by the Commission may be appealed to the Secretary of State, who prior to making a final decision, shall hear the reasoned opinion of the Commission of the Career Scale. No further appeals may be filed against what is resolved by the Secretary of State.

Article 11.-

Sessions of the Commission. The Commission shall meet every three (03) months in ordinary sessions and in an extraordinary manner when circumstances warrant. The sessions of the Commission shall be private, except in exceptional cases and by common agreement among the members of the Commission.

Article 12.-

Notice of Commission Sessions. The notice shall be called by the President, either on his or her own initiative or at the request of one (01) of the members of the Commission. The notice shall be sent to the members of the Commission at least seven (07) calendar days before the date set for the session, which must be accompanied by the agenda and copies of the documents to be discussed.

Article 13.-

Agenda. The agenda shall be set by the President, but matters proposed by at least three (03) members may be included, provided that the proposal of such matters is submitted at least two (02) calendar days in advance.

Article 14.-

Quorum. The sessions of the Commission shall be opened with the presence of at least one more than half of its members.

Article 15.-

Voting. Decisions shall be adopted by simple majority vote. When a tie occurs, the President shall have the casting vote.

Article 16.-

Delegation of Presidency. In case of justified absence of the President, he may delegate his representation to another member of the Commission, which shall be notified in writing to the Secretariat thereof.

Article 17.-

Session Minutes. For each of the sessions held by the members of the Commission, minutes shall be drafted indicating the place, date and agenda, the names and representative capacity of those present, a summary of the points of deliberation, the process and results of votes and the content of the agreements. The minutes shall be signed by all members of the Commission, which shall be read and approved in the session held or in the following session. The member or members of the Commission who could not participate in person may participate through the use of available or agreed-upon technological means.

Article 18.-

Dissenting Vote. Members who do not agree with the agreement adopted by the Commission may enter their dissenting vote and the reasons that justify it in the minutes. When this occurs, the member shall be exempt from any responsibility that may arise from the agreement adopted by the Commission.

Article 19.-

Abstention and Recusal of Members. Members of the Commission shall abstain from participating in votes when one of the following circumstances occurs with one of the interested parties seeking to enter or advance:

  • 1)

    Marital bond or de facto union;

  • 2)

    Relationship within the fourth degree of consanguinity or second degree of affinity;

  • 3)

    Intimate friendship or manifest enmity;

  • 4)

    Having personal interest in the matter or another similar one whose decision could influence it;

  • 5)

    Being or having been a guardian or curator;

  • 6)

    Having been under guardianship or curatorship; and, 7. Any other circumstance that represents a manifest conflict of interest. -- The abstention of one of the members of the Commission shall be notified in writing to the President, and he shall resolve it within a period of three (03) business days. The President may order any of the members of the Commission to abstain from any intervention when one of the circumstances cited in the first paragraph is incurred. Failure to abstain when appropriate shall result in removal from office in the Commission. Likewise, interested parties may submit a written recusal request for any of the circumstances mentioned in the previous paragraph. In the request presented by the interested party, the cause or causes upon which it is based shall be expressed and shall be resolved within a period of three (03) business days. The recused party shall indicate to the President whether or not the alleged cause exists, on the following business day. If the recused party admits the alleged cause against him, the President shall ensure his abstention. No appeal may be taken against resolutions pertaining to recusal or abstention.

Article 20.-

Functions of the Commission Secretary. He shall be responsible for administratively executing the following functions: 1. Organize, preserve and custody the administrative file, which shall be composed of the following documentation:

  • a)

    Administrative file of officials and public servants incorporated into the Diplomatic and Consular Career;

  • b)

    Official Register of the Diplomatic and Consular Scale;

  • c)

    Minutes of the meetings held by the Commission;

  • d)

    Resolutions issued;

  • e)

    Publications in the Official Gazette "La Gaceta"; and,

  • f)

    Other relevant documentation. 2. Draft the minutes of the Commission's sessions; 3. Keep and custody the book of minutes of the Commission's sessions; 4. Countersign the signature of the President of the Commission in all communications; 5. Receive requests and petitions that are submitted; and, 6. Prepare and custody the control register of the resolutions proposed by the Commission.

Article 21.-

Administrative File. The administrative file of officials and public servants of the Diplomatic and Consular Career shall contain the following: a. Photocopy of current national identification document. b. Updated curriculum vitae with photograph. c. Photocopies of university titles and diplomas. d. Appointment agreement. e. Resolution of incorporation into the Diplomatic and Consular Scale published in the Official Gazette "La Gaceta". f. Resolutions regarding promotions, availability and retirements. g. Decorations and distinctions. h. Evaluations. i. Incidents related to disciplinary measures and sanctions, administrative claims, among others.

Article 22.-

Official Registration Record of the Scale. It is the document containing executive information on the profile of members of the Diplomatic and Consular Scale, which must be kept properly updated for purposes of internal control. It shall contain at minimum the following information: a. General Information. b. Labor Information. c. Professional training titles and university diplomas. d. Work experience in the Secretariat, current position and rank. e. Length of service in the different services provided. CHAPTER III REGARDING CONVOCATIONS

Article 23.-

Convocation. The Commission may convoke a competition to select a number of qualified professionals who aspire to enter the Diplomatic and Consular Career as Third Secretary, subject to the availability of budget related to vacant positions.

Article 24.-

Priority in Convocations. The competition to fill such positions shall be held in the first instance with the participation of officials and public servants who make up the Internal and External Service. If the participants do not meet the requirements of Law, the Commission shall declare the competition failed; and shall proceed to a new convocation directed to the general public, which shall be publicized through the means established for such purpose.

Article 25.-

Schedule. The competition for entry into the Diplomatic and Consular Career shall be developed in accordance with the schedule determined by the Commission, containing activities in the following order, which shall be carried out in a maximum of two (02) months: 1. Registrations, document review, presentation of knowledge and psychometric tests. 2. Publication of results of those who passed the competition. 3. List of those admitted for interview. 4. Publication of final results of persons admitted to the competition and any other activities that circumstances may require. CHAPTER IV REGARDING THE ENTRANCE COMPETITION

Article 26.-

Application for Admission. The Commission shall set the date and deadline for receiving applications for admission. The Commission shall determine the formats and means established for submitting applications for admission to the Diplomatic and Consular Career.

Article 27.-

Evaluations and Tests. These are approved selection instruments designed to evaluate the capacity, suitability and potential of the applicant to enter the Diplomatic and Consular Career. The evaluations, knowledge tests and psychometric tests graded by the Commission are mandatory in nature, so the applicant must take all of them.

Article 28.-

Phases. Evaluations and knowledge tests shall be conducted in two phases:

Article 28.-

Phases. Evaluations and knowledge tests shall be conducted in two phases: Phase 1. Knowledge Tests. The total value of this phase is 60%. Test Objective Methodology Value Languages: Spanish and English. Evaluate ability to argue, synthesis, vocabulary, spelling. Essay 15% National Topics Evaluate knowledge of constitutional aspects, history, geography, politics, culture and Honduran economy. Written exam prepared by the Diplomatic Academy. 15% International Topics Evaluate knowledge of Honduras' International agenda, Foreign Policy, Universal History, International Cooperation, Consular and Migration Affairs, SICA, International Trade, Political circumstances and general culture. Written exam prepared by the Diplomatic Academy. 30% Phase 2. Evaluations. The total value of this phase is 40%. Test Objective Methodology Value Psychometric Evaluate competencies and skills. Exam administered by a 15% Certified Institution. Interview Evaluate ability to express, ease of communicating ideas and general knowledge or knowledge of the topics mentioned above. Meeting with evaluation panel 25% These evaluations and tests shall be integrated into the merit files that the Commission Secretary keeps for such purpose. The selection processes must be scheduled before the beginning of budget formulation for the following year, in order to incorporate the approved personnel movements into the Secretariat's budget.

Article 29.-

Disqualification. Any irregularity or fraud, whether in the accreditation of requirements or in the practice of the competition tests, shall cause the disqualification of the applicant, who shall be notified in writing without prejudice to the responsibility arising from such action.

Article 30.-

Best Qualified Applicants. The best qualified applicants shall be admitted to the Career Ladder.

Article 31.-

Acceptance of Conditions. Persons who have previously participated in two competitions shall not be permitted to participate in a third. Any person who submits to the competition does so accepting the conditions established in this regulation which must be fulfilled without any objection. CHAPTER V ON ADMISSIONS These evaluations and tests shall be integrated into the merit files that are kept for such purpose by the Commission's secretary. Selection processes must be scheduled before the beginning of budget formulation for the following year, in order to incorporate the movements of approved personnel into the budget of the Secretariat.

Article 29.-

Disqualification. Any irregularity or fraud, whether in the accreditation of requirements or in the conduct of competition tests, shall cause the disqualification of the applicant, who shall be notified in writing without prejudice to the responsibility that such action entails.

Article 30.-

Best Qualified Applicants. The best qualified applicants shall be admitted to the Career Ladder.

Article 31.-

Acceptance of Conditions. Persons who have previously participated in two competitions shall not be permitted to participate in a third. Any person who submits to the competition does so accepting the conditions established in this regulation which must be fulfilled without any objection. CHAPTER V ON ADMISSIONS

Article 32.-

Admission to the Diplomatic and Consular Career Ladder. Admission to the Diplomatic and Consular Career Service shall be made in the rank of Third Secretary upon fulfillment of the requirements established in reformed article 30 of the Diplomatic and Consular Service Law and in article 33; without prejudice to the provisions of this regulation.

Article 33.-

The requirements for admission to the Diplomatic and Consular Career Service with the rank of Third Secretary are:

  • 1)

    To be of Honduran nationality by birth;

  • 2)

    Not to be a resident or citizen of another State, without prejudice to the provisions of Article 23 of the Constitution of the Republic. 3. To be older than twenty-one (21) years of age; 4. To be in full enjoyment of civil and political rights; 5. To hold a university degree from a duly accredited academic institution; 6. To be in good health; 7. To present a Criminal Record Certificate; 8. To present a Police Record Certificate; 9. To be of notoriously good conduct; 10. Not to have pending judicial proceedings against the State of Honduras; 11. To have sufficient and verifiable knowledge of the English language. Knowledge of a third language in addition to English and Spanish shall be considered an advantage. For the verification process, the interested party shall present a certificate of a standardized international exam or a diploma issued by a recognized academic institution, which accredits knowledge of the English language and, where applicable, of the third foreign language. 12. To pass the Diploma of the Diplomatic Academy, designed for such purpose; and, 13. To pass the entrance examination; The official, public servant, or interested person may be part of the Diplomatic and Consular Career Ladder, once they comply with the corresponding requirements established in this article. The functions performed by the newly incorporated person may be assigned to the internal service or to the exterior, in accordance with the needs of the service.

Article 34.-

Requirements for Requesting Entry with the Rank of Ambassador. Officials who may request admission to the Diplomatic and Consular Career Service in the rank of Ambassador, in addition to complying with the requirements established in reformed article 30 of the Diplomatic and Consular Service Law and article 33 of this Regulation, shall have served as Secretary or Under-Secretary of the Secretariat for a minimum period of two (2) years. Notwithstanding, regarding numeral 13 of reformed article 30 of the Diplomatic and Consular Service Law and numeral 12 of article 33 of this Regulation, due to the nature of their position they shall take a private examination, which shall be administered by the "José Cecilio del Valle" Diplomatic Academy, which shall render a report to the Commission.

Article 35.-

Title of Ambassador. In those cases where the Secretaries and Under-Secretaries of State in the Office of Foreign Relations and International Cooperation are not interested in joining the Diplomatic and Consular Career Ladder, they shall be granted the title of Ambassador but not the rank. For such purpose, in an official act they shall sign the Registry Book separate from that of the Diplomatic and Consular Career Ladder, which for such purposes shall be kept by the General Secretariat. In no case shall the aforementioned title mean a labor relationship with the Secretariat.

Article 36.-

Admission to the Diplomatic and Consular Career Ladder with the Rank of Ambassador. Officials described in the previous article who meet the requirements established in the Diplomatic and Consular Service Law and in this Regulation shall be admitted to the Career Ladder with the rank of Ambassador, by means of a resolution issued by the Commission.

Article 37.-

Exceptional Admission to the Diplomatic and Consular Career Ladder with a Rank Other than Third Secretary. Under an exceptional condition, officials, public servants, or interested persons may request admission to the Diplomatic and Consular Career Service in a rank other than that of Third Secretary. To do so, they must comply with the requirements of reformed article 30 of the Diplomatic and Consular Service Law, those established in article 33 of this regulation and also those detailed below, under a rigorous evaluation by the Commission: 1. To comply with the level of completed university studies, knowledge, and experience detailed in the profile for the requested rank, described in the Manual of Position Profiles of the Honduras Foreign Service. 2. To have passed the aptitude examination provided by the Diplomatic Academy to access the rank requested, conducted by a panel designated by the Commission. 3. To have served for a minimum period of four (04) years in the Diplomatic and Consular Service, of which at least one (01) must have been performed uninterrupted in the Internal Service. The Commission shall consider, in accordance with their academic credentials and professional experience, the rank in which the applicant may be admitted. This admission may be approved if there are no other members of the Diplomatic and Consular Career Ladder with equal or better credentials, applying for a promotion to the same position. CHAPTER VI ON PROMOTIONS

Article 38.-

Requirements for Applying for Promotion. No official may be promoted in the career unless to the immediately superior category. Members of the Diplomatic and Consular Career Ladder who wish to apply for promotion shall submit to the merit procedure and comply with the following requirements:

  • 1)

    Four (04) years of active service in the rank from which they request promotion;

  • 2)

    To have proven merits: such as scientific research, writings, publications, conferences, exhibitions, courses, new languages, titles, among others. 3. To have qualified professional performance, by means of annual evaluations conducted by the Commission; and, 4. To comply with the profile in accordance with the rank to which they wish to be promoted in conformity with the descriptions contained in the Manual of Position Profiles of the Honduras Foreign Service. The Commission shall evaluate aptitude in accordance with the criteria established in this article.

Article 39.-

Exceptions. Those members who are part of the Diplomatic and Consular Career Ladder who hold a rank lower than Ambassador or Minister and who have been designated as such by the President of the Republic, shall be promoted by legal provision (articles 35 and 36 of the Diplomatic and Consular Service Law) to said ranks upon assuming their diplomatic functions, for which reason, the Commission shall process accordingly to include such promotion in the Career Ladder and manage publication in the Official Journal "La Gaceta".

Article 40.-

Call for Promotions. The Commission may call a promotion process in order to promote professional development and have a better prepared structure within the Diplomatic and Consular Career Ladder, fulfilling the expectations of professional growth and continuity in the service. The number of public servants who shall be promoted shall depend on the quantity of available positions to be filled in each of the ranks.

Article 41.-

Schedule. The call for promotions in the Diplomatic and Consular Career shall be developed in accordance with the calendar of activities determined by the Commission complying with the following steps:

  • 1)

    receipt of promotion applications;

  • 2)

    evaluation period;

  • 3)

    publication of results; and, 4. any other activity that circumstances demand;

Article 42.-

Promotion Requests. The Commission shall establish the date and a deadline for the reception of promotion requests. The Commission shall determine the formats and official means for submitting promotion requests in the Diplomatic and Consular Career.

Article 43.-

Evaluations. The Commission shall evaluate suitability in accordance with the criteria established in this article and the number of members to be promoted shall be subject to the availability of positions in accordance with the requested rank.

Article 44.-

Publication of Results. The Commission shall select the official means through which the names of public servants who have been successfully selected for promotion shall be published. Likewise, the Commission shall manage the publication in the Official Gazette "La Gaceta". CHAPTER VII REGARDING AVAILABILITY

Article 45.-

Request for Availability. The request for availability may be submitted by the ranked member after three (03) years of active and continuous service. It shall contain:

  • a)

    Descriptive title.

  • b)

    Agency or authority to which it is directed. The request must be directed to the Presidency of the Commission.

  • c)

    Name and general information.

  • d)

    Reasons or justification for the request for availability.

  • e)

    Place and date.

  • f)

    Signature of the applicant.

Article 46.-

Reception of Requests for Availability. The Commission shall receive requests for availability through the Secretary of the Commission. The Secretary shall include as an agenda item the analysis of the request submitted. The Commission shall forward the request for knowledge to the Secretary of State and shall make arrangements for publication in the Official Gazette "La Gaceta".

Article 47.-

Duration of Availability. Availability shall be granted for a maximum of two (02) years. On the day following notification of the resolution issued by the Commission granting availability, the granted term shall begin to run. The availability of the member of the Rank shall not be remunerated.

Article 48.-

Seniority. The time that the member of the Rank is in availability shall not be counted as part of their seniority, unless they have been appointed to a position in an international organization at the proposal of the Government of the Republic.

Article 49.-

Reinstatement to Active Service. After the term of availability granted has elapsed, the member must request from the Commission reinstatement to active service no later than two (02) months after their availability expires, or before the deadline expires, may notify their intention to return early, which shall be resolved by the Commission. The request for reinstatement shall contain:

  • a)

    Descriptive title.

  • b)

    Agency or authority to which it is directed. The request must be directed to the Presidency of the Commission.

  • c)

    Name and general information.

  • d)

    Reasons or justification for the request for reinstatement.

  • e)

    Place and date.

  • f)

    Signature of the applicant.

Article 50.-

Reception of Reinstatement Requests. The Commission shall receive reinstatement requests through the Secretary of the Commission. The Secretary shall include as an agenda item the analysis of the request submitted. The Commission must resolve within a period of three (03) to six (06) months from the date of reception of the request, taking into consideration the availability of vacant positions. When the Commission resolves favorably, it shall make arrangements for publication in the Official Gazette "La Gaceta".

Article 51.-

Denial of Reinstatement to Active Service. When the member of the Rank does not submit their request for reinstatement to active service within the deadline established in the Law and this regulation, the Commission shall proceed to declare them in a situation of retirement.

Article 52.-

Exceptions to Duration of Availability. When a member of the Rank is appointed by the President of the Republic to a position within the Government, the duration of availability may be extended for a maximum of two (02) additional years, subject to analysis by the Commission.

Article 53.-

Availability by Decision of the Executive Power. The holder of the Executive Power, with the reasoned opinion of the Commission, may make the decision to place a member of the Rank in a situation of availability in the following cases:

  • 1)

    Due to suspension or breaking of diplomatic relations with the State where they are accredited;

  • 2)

    For having been declared Non Grato by the receiving State, in consideration of reasons not attributable to the official or public servant;

  • 3)

    Due to closure of the Embassy, Permanent Mission or Consular Office where they are accredited;

  • 4)

    Due to suppression of the position or the corresponding budgetary allocation;

  • 5)

    Due to natural illness or accident that incapacitates them for the performance of their functions; and, 6. In any other circumstance in which they are removed from their position due to fortuitous event or force majeure.

Article 54.-

Duration of Availability by Decision of the Executive Power. The duration of the situation of availability by decision of the Executive Power shall be for a maximum of three (03) months, with the member of the Rank enjoying their salary in accordance with the current Provisions of the General Budget of Income and Expenses of the Republic. Once the three (03) months of availability have elapsed, the ranked member may proceed to reinstatement to active service or to a situation of retirement. CHAPTER VIII REGARDING RETIREMENT

Article 55.-

Request for Retirement. The request for retirement may be submitted by the ranked member at such time as they deem convenient regardless of years of active service. It shall contain:

  • a)

    Descriptive title.

  • b)

    Agency or authority to which it is directed. The request must be directed to the Presidency of the Commission.

  • c)

    Name and general information.

  • d)

    Reasons or justification for the request for retirement.

  • e)

    Place and date.

  • f)

    Signature of the applicant. Once the request for retirement has been analyzed by the Commission, it shall proceed to issue a resolution and publication indicating that the ranked member is placed in a situation of retirement. The retirement shall be effective once the interested party is notified.

Article 56.-

Causes for Retirement. Members of the Rank shall be placed in a situation of retirement for the following causes:

  • 1)

    By request of the interested party;

  • 2)

    By removal from office as a consequence of an administrative sanction in accordance with the Law;

  • 3)

    By failing two (02) continuous performance evaluations;

  • 4)

    By final conviction sentence handed down for the commission of a crime;

  • 5)

    By illness or incapacity after one (01) year of treatment;

  • 6)

    By failure to request reinstatement after the deadline established in articles 49 and 51 of this Regulation has elapsed;

  • 7)

    By voluntary retirement; and, 8. By mandatory retirement, in accordance with the administrative provision of the Law of the National Institute of Retirement and Pensions of Employees and Officials of the Executive Power (INJUPEMP). CHAPTER IX REGARDING DECLARATION OF NULLITY

Article 57.-

Grounds for Nullity. All administrative acts of the Commission shall be null in the following cases:

  • 1)

    Resolutions issued whose object is impossible or constitutes a crime;

  • 2)

    Resolutions issued lacking partially or absolutely the procedure established;

  • 3)

    Those issued in violation of the norms contained in the Law, this regulation and the special rules for the formation of collegial bodies; and, 4. Those established in other applicable laws. CHAPTER X OF ANNUAL EVALUATIONS

Article 58.-

Annual Evaluation. It shall be conducted in a systematic and periodic manner taking into account the assessments of the immediate supervisor.

Article 59.-

Objective. It has the purpose of establishing in an objective and transparent manner the efficiency and effectiveness in the performance of duties and the work conduct of the official.

Article 60.-

Instrument. The Commission shall determine the tool, parameters and rating scale with the support of the Human Resources Sub-management. Likewise, the Commission shall issue complementary provisions for the most expedient, efficient and transparent implementation of this regulation. SECOND: This Regulation shall enter into force as of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the sixth day of the month of April of two thousand twenty-one. DIANA GABRIELA VALLADARES M Ambassador Director General of Foreign Policy and President of the Commission DANIELA CARRASCO Human Resources Sub-manager and Secretary of the Commission

Notes

Loading…