Public Sector Staff Regulations: Assignments, Prohibitions, and Incompatibilities
Staff Assignments and Per Diem Policies
A staff assignment is an administrative act where an officer is moved from their usual place of performance to undertake specific functions. These assignments do not require formal orders unless they involve institutional expenses such as travel, per diem, or other costs. The supervisor must order the assignment and determine if the task qualifies for per diem.
Staff Subrogation Rules and Salary Entitlement
Subrogation applies when a position is not being filled by the incumbent or their deputy. As a rule, subrogation occurs by operation of law only for those who follow the established hierarchy and are eligible to perform the duties. Exceptionally, the appointing authority can establish a different order of subrogation in the following cases:
- Positions of trust.
- Where no officer in the unit is eligible.
Typically, the deputy is not entitled to salary unless the subrogated office is vacant or the holder, for any reason, was not receiving pay, and provided that the substitution would last longer than one month.
Prohibited Actions for Public Sector Employees
The prohibitions under the Staff Statute include:
- Exercising powers for which they are not empowered because they have not been delegated.
- Intervening in matters of personal or family interest.
- Suing the state if the officer works for it.
- Testifying as a witness, expert, or party without authorization from the head of the institution.
- Causing unnecessary processing or delay.
- Committing the offense of bribery.
- Using agency staff for personal purposes.
- Engaging in political activity during working hours.
- Forming unions, engaging in strikes, or withholding goods or persons.
- Attempting to appropriate property of the Public Administration or committing acts of destruction of property.
- Encouraging the destruction of public or private facilities.
Staff Incompatibilities and Conflicts of Interest
Incompatibilities under the Staff Statute include:
- In a single institution, individuals connected by marriage or blood (up to the third degree of consanguinity or second degree of affinity) may not serve. If such an incompatibility exists between two junior officers, one should be assigned to another function that does not involve a hierarchical relationship. This incompatibility does not apply between government ministers and officials from their agency.
- All positions covered by the statute are incompatible with each other, as well as with any other position or function paid by the State, even if governed by other rules (this includes popularly elected positions).
Exceptions to Staff Incompatibility Rules
Some exceptions to the incompatibility rules are:
- Teachers may hold an additional position for up to 12 hours per week.
- The exercise of professional activities for fees that takes place outside working hours.
- Serving a maximum of 2 positions on councils or as board members of state organizations.
- An official may hold a municipal position while also serving as a backup, subordinate, or contract employee.
- The incumbent may receive a fee while holding a position of exclusive trust.
- One may hold a position in the administration and also a senior management position in a state educational institution.
Compensation and Duty Adjustments for Exceptions
In the first three cases (a, b, and c), there is compatibility of pay, but this does not relieve the officer of their duties. They must extend their workday to compensate for hours not worked in their primary role.
In the last three cases (d, e, and f), there is no additional staff pay for the secondary role, and individuals retain ownership of their primary position.