P.R. Laws tit. 3, § 1462a
As an effective instrument to attain the implementation of Government programs, each appointing authority shall be responsible for establishing and maintaining a rational structure of functions that leads to the greatest uniformity possible and which serves as a basis for actions concerning personnel. To achieve this purpose, the agencies may use the work analysis and appraisal methods most suitable to their operational functions and organizational reality. When classifying or appraising jobs, the agencies shall comply with the following provisions:
(1) The functions to implement government programs shall be organized in a manner such that logical work units can be identified. These, in turn, shall be integrated under groups of duties and responsibilities which shall constitute the basic work unit, i.e., the job.
(2) A written description of each job shall be prepared, a copy of which shall be given to each employee. The job description shall be made in a manner such that it serves to illustrate the employee concerning the general, essential and marginal functions he or she must perform, as well as the purpose of each function, in order to enable the nominating authority to properly fulfill its public endeavor.
(3) Jobs shall, in turn, be grouped into job classes or their equivalent in other appraisal plans. Jobs shall be grouped on the basis of elements that are similar, in order to be able to demand from their occupants to meet equal requirements, as well as the same criteria for their selection and so that the same compensation may be applied.
(4) A description of each class or its equivalent in other appraisal plans shall be prepared in writing, which shall contain the basic elements common to the jobs included therein. The description of the basic common elements shall include among others, the levels of responsibility, authority and complexity of the job group; examples of the work, education, experience, knowledge, abilities and minimum skills required, and the duration of the probation period.
Each class, or its equivalent in other appraisal plans, shall be designated with an official title which shall be descriptive of the nature and level of the work involved, which shall be used for personnel and budget actions.
(5) Each individual administrator shall establish or have in effect, separate job classification or appraisal plans for the career service and the confidential service. Classes or their equivalent in other appraisal plans shall be placed into groups on the basis of an occupational or professional scheme, and said scheme shall be an integrated part of the job classification or appraisal plans.
(6) All jobs shall be classified within the classification or appraisal plan corresponding to career or confidential service. No person may be appointed to a job that is not classified within one of the classification plans. Otherwise, the personnel appointment or action shall be null and void.
(7) Job classification or appraisal plans shall provide for the mechanisms to create, eliminate, consolidate or modify classes or their equivalent, as well as contain the mechanisms necessary for there to be levels of improvement compatible with the needs of the services, without having jobholders perform functions which are essentially different.
(8) It shall be the responsibility of each individual administrator to modify job classification or appraisal plans for the purposes of keeping them up to date in accordance with the changes experienced functional or organizational structure of the agency. The Office may issue norms concerning the maintenance of job classification or appraisal plans.
(9) When circumstances so warrant, the appointing authority may change the duties, authority and responsibility of a job, pursuant to the criteria and mechanisms established therefor through regulations.
(10) It shall be the responsibility of each appointing authority to determine the relative hierarchy among the different job classes or their equivalent in other appraisal plans. These actions shall respond to an internal logic pattern, based on the organization of the agency and the nature and complexity of its functions. The Office shall show deference to the appointing authority concerning this element of the Job Classification Plan.
(11) The permanent functions of the agencies shall be addressed through the creation of jobs, regardless of the origin of the funds. When temporary needs arise, as well as emergency or unforeseen situations, or bona fide programs or projects of a determinate duration, that are to be financed with federal, commonwealth or combined funds, transitory jobs of a fixed duration shall be created for a period not greater than twelve (12) months, which term may be extended while the circumstances that gave rise to the appointment persist. Agencies may create such fixed duration jobs, contingent upon their budget condition. In the case of bona fide programs or projects, the job term may be extended for the duration of the bona fide program or project, upon the approval of the Office.
(12) Fixed duration jobs shall be classified in conformance with the job classification or appraisal plans of the career service or the confidential service, as the case may be. In the case of fixed duration jobs to tend to needs of the confidential service, the provisions of Section 9.1, subsection 3 of this act shall be observed.
(13) Appointing authorities shall abstain from executing service contracts with persons in their personal character when the conditions and characteristics of the relationship established between the employer and the employee are inherent to a job.
(14) The agencies shall abstain from creating fixed duration positions to attend to permanent needs or to perform functions of vacant permanent positions. However, upon beginning new programs or as new permanent needs arise within a program, fixed duration positions may be created for a term not greater than one (1) year while the regular career positions are [being] created.
(15) The provisions of this section shall not apply to ranking systems.
(16) Agencies shall send a copy of all job classification or appraisal plans, as well as the amendments and modifications or actions for maintaining the plan, for evaluation and approval within a term not to exceed ninety (90) calendar days and for its subsequent registration by the Office.
History —Aug. 3, 2004, No. 184, § 6.2; Mar. 9, 2007, No. 25, § 1; Feb. 17, 2010, No. 16, § 4.