2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IV - Merit Principle (§§ 1462 — 1462h) › § 1462c - Promotions, transfers, and demotions

Individual administrators shall provide the proper mechanisms for the promotion, transfer and demotion of employees, for the relocation of these in jobs where they may derive greater satisfaction from their work and contribute with their efforts to the achievement of the objectives of the organization with greater efficiency, pursuant to the following provisions:
(1) Promotions. —
(a) The appointing authority shall determine the job classes, or their equivalent in other job appraisal plans, that due to the particular needs of the agency or the nature of the functions of such job classes, require for them to be covered by promoting employees.
(b) Employees in career jobs may be promoted through tests that may consist of written, oral, physical or performance tests, or an evaluation of education and experience. In addition to these, evaluations from the supervisor may be taken into account, as well as the analysis of employees’ records and the trainings they have taken in connection with the functions of the job to which they intend to be promoted.
(c) Promotion opportunities shall be announced in order for all duly qualified candidates to be able to compete, pursuant to subsection (3)(c) of § 1462b of this title, through the agency, the Central Register, and the corresponding agency register. If after having announced such opportunities there fails to be a reasonable number of persons who meet the minimum education and experience requirements established, the manner in which to fill those positions or to render the services shall be the manner provided in subsection (3) of § 1462b of this title for regular recruitment and selection procedures.
(d) Promotions without opposition may be authorized when the special and exceptional demands of the service and the special qualifications of employees so warrant, after having approved the test. Special and exceptional demands of the service shall be understood to be the assignment or commission of new functions or programs; the extension of the array of services rendered by the agency; the need to recruit personnel capable of preserving continuity in the rendering of services without the need for further orientation; unavailability of an adequate eligible candidate register; urgency to cover a vacant position which renders the regular procedure unfeasible. Furthermore, special qualifications of the employees shall be understood to be additional experience; academic education beyond minimum requirements; and the results obtained in the Evaluation System adopted by the agencies.
(e) All promoted employees shall comply with the probation period assigned to the job class to which they have been promoted.
(2) Transfers. —
(a) Transfers from one job to another may be made within the same class, or its equivalent in other job appraisal plans, or from one job in one class to another job in another class, provided the employee meets the minimum education and experience requirements of the job class to which he or she is to be transferred.
(b) When the transfer is to a job in another class, or its equivalent in other appraisal plans, employees shall be subject to the probation period required for the new job. This requirement may be foregone when the transfer responds to duly justified needs of the service.
(c) Transfer of employees within the same agency shall be allowed, as well as transfers between individual administrators, and between individual administrators and municipalities, pursuant to the norms to be issued by the Office for these purposes.
(d) Transfers may not be used as a disciplinary measure or be made arbitrarily.
(e) In the appropriate cases where it is justified, appointing authorities shall be empowered to take all preemptive, provisional and appropriate measures in order to preserve a healthy and safe work environment and the rendering of the best services, such as the movement of personnel, without it constituting a final adjudication of any action or claim. In no case shall the transfer or the preemptive movement of personnel be burdensome for the employees being subject thereto.
(3) Demotions. —
(a) Demotions may be made when employees so request or when jobs are eliminated and they cannot be placed in a job similar to that which they held. No demotion shall become effective until thirty (30) calendar days have elapsed since the date of the written notice thereof to the affected employee. Said notice shall inform the employee of the procedure to be followed in the case he/she is not in agreement with the decision, as well as the date the decision shall become effective.
(b) In the cases of requested demotions, employees must state in writing their agreement therewith, in which case the demotion may be effective immediately or before the expiration of the term of the notice established in clause (a) of this subsection.
(c) Demoted employees must meet the minimum education and experience requirements established for the job class to which they are being demoted.
(4) Other actions. —
(a) Agencies may make designations, changes or assignments in an administrative manner for a reasonable term, not to be greater than twelve (12) months, provided said action is not burdensome for the employee.
(b) In those agencies in which the concept of ranking is used, transfers, demotions and degradations may be used as disciplinary as long as their organic acts so authorize. In these cases, the consent of the employee shall not be required.
History —Aug. 3, 2004, No. 184, § 6.4; Jan. 23, 2006, No. 32, § 3; Oct. 4, 2007, No. 142, § 1.