P.R. Laws tit. 3, § 1464a
The following guidelines shall apply to all government agencies under this chapter:
(1) Agencies shall establish separate compensation plans for their unionized career employees, employees excluded from unionization, and confidential employees, in accordance with their fiscal capability, economic reality and the job evaluation and analysis method selected. The compensation system selected shall promote uniformity and justice in fixing the salaries for employees.
(2) Agencies shall determine, pursuant to their needs and budget, which salary structures for career jobs conforms to the job appraisal system selected. In addition, they shall maintain the structures up to date, in order for these to represent the economic reality, the fiscal capability and the cost of living in the country. Agencies shall select and regulate the manner in which to pay employees that renders the administrative process easier.
(3) Agencies shall administer their compensation plan in connection with the essential areas of the merit principle. They may not carry out any action which attempts against or is contrary to the merit principle in personnel transactions in the public career service.
(4) Agencies may use other compensation methods to retain, motivate and acknowledge personnel. Some of these mechanisms are:
(a) Differentials. — A special temporary compensation, additional to and separate from the employee’s regular salary, granted to mitigate extraordinary circumstances that could otherwise be considered to be burdensome on the employee. Differentials may be granted due to:
(A) Extraordinary circumstances. — A temporary work situation which requires greater effort from or risk for the employee while he/she carries out the functions of his/her job.
(B) Acting capacity. — A temporary work situation in which the employee performs all the essential functions of a job higher than the one he/she officially holds. In this case, the following conditions shall be required: to have performed the functions uninterruptedly for thirty (30) or more days; to have been designated officially to exercise functions in an acting capacity by the director of the department or office; and to meet the requirements of education and experience of the job whose functions he/she is performing on an acting capacity. The employee working in an acting capacity may be relieved from his/her acting capacity at any time as determined by the director of the department or office. In such circumstances, the employee shall return to his/her previous job and receive the salary he/she earned before working in acting capacity, except when the employee has performed supervisory functions in acting capacity for twelve (12) or more months. In this case, the employee shall be granted a salary raise equal to a compensation rate in his/her job.
No differential granted may be considered as an integral part of the regular salary of the employee for purposes of computing the liquidation of leaves or computing the retirement pension.
(b) Bonuses. — A special, nonrecurring compensation separate from salary that may be granted as a mechanism to recruit, retain or reward employees or groups of employees who meet the requirements established before the bonus is granted. The norms for granting this incentive to employees shall be evaluated and approved by the appointing authority.
(5) No amendment or modification to the job evaluation or appraisal system selected by the agency may negatively affect the basic salary of the employee.
(6) As a general rule, all persons appointed in the career service shall receive as salary the minimum rate within the salary schedule corresponding to the job class they are to hold.
(7) Raises due to promotions to be granted by the agencies may be appraised in percentage terms or their equivalent in intermediate rates. This determination shall depend on the salary structure selected by the agency. However, the raise shall not be less than the difference between minimum schedule rates.
(8) In cases of demotions due to needs of service determined by the appointing authority to be an urgent need of service, such an action shall not affect negatively the employee’s salary, except in those cases when such action is taken to avoid layoffs due to lack of funds. When the demotion is made at the request of the employee, his/her salary shall be adjusted to the basic salary for the job class to which he/she is being demoted, plus the legislative raises he/she had received in his/her previous job.
(9) When reinstatement results from not having approved a probation period, the employee shall receive the last salary earned in the job into which he/she is being reinstated, plus any raise the class had received. In addition, he/she shall receive those legislative raises granted during the time he/she was on probation.
(10) When reinstatement results from having concluded a term of leave without pay, the employee shall receive the last salary he/she earned before the beginning of the leave, plus any raise received by the class or legislative raises granted during the time he/she was on leave.
(11) When reinstatement results from readmission after disability, the employee shall receive the last salary earned before his/her severance, plus any raise received by the class or legislative raises granted during the period he/she was not holding the job.
(12) Confidential employees entitled to reinstatement into career jobs pursuant to § 1465a of this title shall be entitled, upon being reinstated, to all benefits in terms of classification and salary that have been extended to the career position they held during the term they served in the confidential service. They shall also be entitled to salary raises granted by the Legislature and to a ten percent (10%) increase on the salary they earned in their position in the confidential service. To grant this recognition, it shall be necessary to show evidence of the excellent performance of the employee. However, if the employee to be reinstated was in the confidential service for a period of not less than three (3) years, the appointing authority may authorize any raise arising from the difference between the salary earned in the career service and the salary he/she would be earning at the time of reinstatement.
(13) In cases of reclassification, the norms on promotions, transfers and demotions shall apply as determined by each appointing authority in its regulations.
(14) As a general rule, transfers shall not entail a salary raise.
(15) In cases of readmission, the new appointment norm shall apply, except when it occurs as a result of a reinstatement after having recovered from disability.
History —Aug. 3, 2004, No. 184, § 8.2.