Chile Public Service: Career, Promotion, and Rights
Requirements for Public Service Promotion
To be promoted, officials must meet the specific requirements for the accessed office, strictly adhere to the career ladder, and exceptionally, move to another position within the same department. The official must not be an impediment to others’ advancement and must not have been subject to disciplinary actions.
Chile’s Plural System of Laws for Public Officers
Chile operates under a plural system of laws governing public officers. For example, there are statutory schemes such as:
- The Administrative Statute, Law No. 18,834 (1989)
- The Administrative Status for Municipal Officials, Law No. 18,883 (1989)
- The Health Professionals Statute, Law No. 15,076
The National Civil Service (Servicio Civil)
The National Civil Service is a decentralized public service with its own assets, linked to the President through the Ministry of Finance. Its purpose is to coordinate, monitor, and improve staff functions within the State’s civil administrative services.
Public Competitions for High Officials
Public competitions are held for high officials and service chiefs from the second hierarchical level of the respective body.
Rules for Public Competitions
- Positions are filled through competitions open to permanent staff officials from all ministries and services governed by the Administrative Statute. Participants must be qualified in “List No. 1, Distinction”, and have no impediments to promotion.
- Contracted applicants must have served in that capacity for at least three years prior to the competition.
- If there is a lack of qualified applicants, a public tender should be called.
- Leadership positions are held for a period of three years.
- Officials remain in their posts as long as they are rated “List No. 1, Distinction.” After their term or any extension expires, they may re-apply for the position or return to their original post, if applicable.
Alternate Appointments
Alternate appointments fill vacant positions or those not performed by the incumbent for a period of at least fifteen days.
The Official Career Path in Public Service
An individual does not enter a specific job directly but rather a specialized scale divided into degrees or categories. The official career path begins with admission as a permanent staff member and progresses through higher positions, immediately below those of exclusive trust.
Entry Through Open Competition
Entry is typically through open competition, allowing progression to the highest grade within the permanent staff, unless vacancies exist in higher grades that could not be filled through internal promotions.
Prohibition of Discrimination
Discrimination is prohibited. Requirements for staff must be based solely on fitness for the role, and no other requirements can be established beyond those in the Constitution or laws.
Principles of Public Service
The State is characterized by impersonality and impartiality. It respects the dignity of public service, adhering to technical, professional, and hierarchical standards. It operates within a disciplined hierarchical system where officers are promoted to higher grades based on merit, seniority, and suitability in the performance of their functions.
Public Official Job Security
An official has the right to remain in their position unless there is a legal cause for termination. This can only occur through a duly accepted voluntary resignation, retirement, or other legal grounds based on deficient performance. Positions of trust are an exception to this principle.
Ownership of Public Service Jobs
The Civil Code states that intangible things can also be a form of property. The right to a role or job security is a right recognized by the legal system for officials. Therefore, it is concluded that there is a form of property right concerning the enjoyment of the post. Officials can only be deprived of their right to work and associated benefits in the manner and for the reasons prescribed by law.
The Qualifier System for Public Officials
The qualifier system evaluates the performance and capabilities of each staff member, ensuring they meet the requirements and characteristics of their office. It serves as a basis for promotions, incentives, and, if necessary, removal from service.