The Government can fire public employees whose positions would be eliminated if not repurposed within a year. This will be one of the main functions of Fund for the reconversion of work provided for in the omnibus bill sent to Congress on Wednesday and which amends the civil service law.
According to the initiative, this fund will serve the purpose “train and assist technique for self-employment programs and forms of solidarity associationsto civil, military and security agents, whose accusations were repressed, on the basis of the measures established in the previous articles”.
The fund will operate within the ministry designated by the Executive and will be financed with resources from the Budget. In turn, a promotion scheme for private employment reintegration of public employees “in availability”, allowing the exemption from social security contributions for a limited time.
Permanent staff agents under a stable regime whose duties are eliminated through the suppression of the bodies, bodies composing the national administration or the functions attributed to them will automatically become situation of availability for a maximum period of one year.
Available employees will be paid from the fund, taking into account seniority and other conditions established by the Executive in the regulations and will have the obligation to receive training imparted to them and/or carry out tasks in the outsourced services of the State.
During the reconversion period, the achieved state workers can agree to fill a vacancy in the national public administration, if it exists and they meet the requirements, be hired by private employers with the established benefits, or formalize another employment relationship Work.
“After the twelve (12) months indicated, Agents who have not formalized a new employment relationship will be automatically separated from the national public sector. have the right to receive a compensationwhich will be financed by the Fund, equal to one (1) month’s salary for each year of service or fraction greater than three months’ salary”, reads one of the articles.
For the calculation of the salary, the best monthly, normal and usual salary received during the last year or during the period of provision of the services, if lower, will be taken as the basis, without prejudice to the best right established in the employment contract and the special salary provided. in this way.
And then he specifies: “The positions of agents joining the Fund will be permanently eliminated.”.
“They take him to a passive scheme for one year with benefits and then, if they don’t move, they will be fired according to the Labor Contract Law,” said business consultant Héctor García. “They fire public employees”said a source close to the government.
In its original formulation, the Public Work Law provided for the reconversion of work due to the collapse of the structure. But specialists believe that these changes go further. Today, There are 65,000 permanent state workers who are bankruptthe same non-competitive and around 70,000 pursuant to the Employment Contracts Act.
This Wednesday the government published a decree that prevents the renewal of contracts of workers employed less than a year ago in central administration and decentralized state bodies, as well as in public and majority state-owned companies, such as YPF. The decree provides for the dismissal of 7 thousand employees.
Decentralized organizations in the spotlight
Another key change to the bill is the declaration of a public emergency reorganize the national public administrationwhich will allow the government to centralize, unite, transform, reorganize, dissolve or eliminate, in whole or in part, the decentralized agencies and bodies created by law, as well as the transfer to the provinces and redistribution of their assets and funds.
The delegation of powers to the Executive will allow the latter to “intervene on all the decentralized bodies and entities that make up the national Public Administration, with the power exclusive exclusion of national universities”. Today they are there 76 organisms decentralized, where they cover 150,000 employees of the national public sector, the largest allocation out of a total of 342,000 systems.
If the changes are approved, the Government can intervene or eliminate, for example, the AFIP, the National Civil Aviation Authority (ANAC), THE ANSthe National Transportation Regulatory Commission (CNRT), the National Communications Agency (Enacom), the Posadas Hospital, the Superintendence of Social Security and Health Services, the AFI, the UIF, the CONICET, the INTA or the INTI.
Source: Clarin