The draft “Law on the Bases” proposes to eliminate the right of public sector workers to work continue the employment relationship for one yearafter being told to begin the retirement process
Thus, although the project ratifies the first part of a pension article of Framework Law no. 25.164 of the Public Service which says “the start of retirement procedures can be ordered for personnel who meet the requirements to obtain an ordinary pension”, the news is that eliminate the following paragraph which authorizes these employees to continue to provide their services “for the period of one year from the relevant notification until obtaining the pension benefit”
“This proposal, therefore, is clearly unconstitutional, since it violates the principle of “progressiveness” or not “regression” of social rights enshrined in the American Convention on Human Rights and the International Covenant on Economic, Social and Cultural Rights. constitutional hierarchy in the Argentine Republic (NC art. 75 inc. 22). And it is also unconstitutional because, by virtually throwing the worker and his family onto the street without resources for an uncertain period, the right to a dignified standard of living protected by the international treaties to which our country has signed up is equally violated. and also violates the art. 14 bis of the National Constitution,” said Herrero.
The need to continue the business until another year from the time you are told to retire It has to do with the retirement process itself which forces employees to manage their pension in front of the pension agency. Sometimes obtaining service certifications is not so simple, or those who have worked in different jurisdictions must obtain recognition of previous services, or those who have had previous positions, before entering the public sector, are sometimes unable to quickly complete the documentation necessary and the resolution of the pension case also takes time, according to lawyer Aníbal Paz.
“So, again, from a totally pragmatic point of view, you need to have that margin of time between the time a person is told to retire and the time they leave their job until they get the pension”.
According to Aníbal Paz, “all pension schemes provide for this possibility of continuing the activity during the pension, once the worker has been informed of it. This situation would therefore place the public employee at a disadvantage compared to the rest of the employees, both in the private sector and also in the public sector under special regime, because in all areas continuity is allowed until the moment in which the benefit of the pension “.
At this point, Anibal Paz continued, “public employees would find themselves at a clear disadvantage compared to the rest of workers and it would be a regulatory regression prohibited in our constitutional system”.
Source: Clarin
