They set criteria for hiring under the regime of D. Leg. 1057.
In consideration of what was indicated by the Constitutional Court (TC), the contracts of civil servants under the administrative contracting of services regime (CAS) who carry out permanent tasks, in force as of March 10, 2021, will be considered for an indefinite term except of those who were hired to perform transitory tasks, substitution or positions of trust.
This in application of the criteria established in the binding Technical Report No. 001479-2022-SERVIR-GPGSC, approved by Resolution of the Executive Presidency No. 000132-2022-SERVIR-PE, of the National Civil Service Authority (Servir).
In this context, Servir reported that public entities may hire CAS personnel under the indefinite or fixed-term modality, considering Judgment No. 979/2021 corresponding to File No. 00013-2021-PI/TC issued by the plenary session of the TC, for which they must apply the criteria indicated in the aforementioned report.
Likewise, they will be able to identify the nature of the CAS contracts in force as of March 10, 2021; that is, to determine if they are for an indefinite or determined term.
For the determination of the tasks of transitory necessity, a series of assumptions were identified.
In the first place, the works for specific work or service, which includes the provision of services for the performance of specific works or services that the entity needs to attend in a certain period.
In turn, occasional or temporary tasks of a fixed duration and tasks due to an extraordinary and temporary increase in activities, considered as those new or existing activities in the entity that increase due to a circumstantial situation.
Also the work to cover emergencies, the work in special programs and projects, and when a regulation with the force of law authorizes temporary hiring for a specific purpose.
Substitution and trust
Regarding hiring for substitution work, this is intended to cover the temporary absence of the holder of a position due to suspension of the employment relationship. That is, it would enable the entity to hire civil servants under D. Leg. N° 1057 –prior public tender– to carry out the functions of
a position or position as long as the situation that gave rise to the temporary absence of its holder ends, the aforementioned technical report specifies.
While the trusted civil servants who have been hired under the CAS regime are exempt from the scope of Law No. 31131. That is, their administrative contracting of services is not indeterminate, the document details.
Given that from the day after the publication of the ruling of the TC it is possible to hire CAS personnel, for an indefinite or determined period, the entities must observe that the CAS is for an indefinite period, except for tasks of temporary need, substitution or positions. trustworthy
For the latter cases, they must support the objective cause that justifies the need for personnel, using the assumptions indicated to contract for a period determined by transitory need, incorporating it in the file that approves the selection process, as well as in the respective contract.
Source: El Peruano