Administration Publica National Regimen Of Incompatibility - Updated Text Of The Norm


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INCOMPATIBILITIES - HORARIO - SUPERIOR INSTITUTE OF PUBLIC ADMINISTRATION - GENERAL DIRECTION OF THE CIVIL SERVICE OF THE DECRETO NATION 8566/61 Regime on the Accumulation of Charges, Functions and/or Passivities for the National Civil Service.

Good morning, September 22, 1961.

VISTO Law No. 14794, which in its article 13 (c) authorizes the Executive Power to apply a regime that minimizes the accumulation of charges for the purpose of establishing an appropriate regime of work with the public service, and


By Decree No. 11709 of 22 December 1958 established the policy to follow in this area on the following bases:

(a) Structure of a new restrictive regime that only responds to inescapable needs of services and a store to avoid the accumulation of charges;

(b) rigorous control of its implementation;

(c) a special regime for retirees and retirees;

(d) severe penalties for omission or falsehood in the relevant affidavits;

That, to date, the scales established by Decree No. 9530/58 and similar regimes are fully implemented, to which tasks are determined in full or reduced hours.

That by Nros Decrees. 5008/59, 944/60 and 9252/60 have set the common official schedule for the entire National Administration, so it is necessary to regulate the maximum limit that an agent should be authorized to provide services in other tasks, in response to the need to obtain the greatest performance, dedication and effectiveness in the function, as well as to elementary reasons for the health of the individual.

On the other hand, it is up to the incompatibility regime established by Decree No. 1134 of 23 March 1932, a measure that articulated the general principles that were then deemed necessary to regulate the performance of more than one position.

That at present the system, which results from the variants that have undergone the original decree through 27 years of application, is totally inorganic, since more than two hundred provisions exist in force that extend, complement, modify or clarify, consisting of decrees, resolutions, interpretations and opinions.

It is also necessary to adapt to rules and precepts certain conditions inherent in the accumulation of charges, or those with retirement benefits or withdrawals.

As a result, many exceptions or interpretations that have no justification or actuality should be terminated, and it is necessary to enshrine principles for defining situations that are not regulated to the present.

It is also desirable to standardize procedures and procedures, for which purpose it is appropriate to adopt a single affidavit form for the entire administration.

That in terms of the control procedure it is appropriate to delegate to the directorates or agencies that they do their times the analysis of the affidavits of the agents whose assets are liquidated through them.

That, without prejudice to what was stated in the preceding consideration, it is incumbent upon the Directorate-General of the Civil Service of the Nation to centralize the regime, to which end it must be made aware of the resolutions adopted by the above-mentioned bodies.

From the exposed,



ARTICLE 1. Approve the body of attached provisions that constitute the "Research on the accumulation of posts, functions and/or passivities for the National Civil Service", which includes all staff, without distinction of activities.

ARTICLE 2. The study of the causes, impact and social cost of multiple employment in the country, taking into account the related problems, should be entrusted to the PUBLIC INSTITUTE (I.S.A.P.). At the end of this study, the INSTITUTO SUPERIOR DE ADMINISTRACIÓN PUBLICA (I.S.A.P.) must propose the basic rules for the organic solution of the dispersion of efforts of officials who for various reasons carry out more than one position or perform tasks in different public and/or private units.

ARTICLE 3o.- Defrost any act that is contrary to the present unless it imposes more restrictive conditions.

ARTICLE 4o.- This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State of Finance.

ARTICLE 5o.- Contact, post, give to the General Directorate of the Official Gazette and Prints and archvese. FRONDIZI .AlAlfredo R. VITOLO . Jorge WEHBE.


Article 1 Since the 60 (sixty) days of the publication of the present in the Official Gazette and with the exceptions expressly provided, no person may be discharged or appointed in more than one paid public office or employment within the jurisdiction and competence of the National Executive. It is also incompatible with the performance of a public office with the perception of retirements, pensions and/or civil and/or military withdrawals from any national, provincial and/or municipal forecasting regime.

The foregoing prohibitions are applicable to existing situations, although they have been declared consistent with existing standards to date.

Contracts made under legal authorizations or agreed by the Executive are excluded from this regime.

The performance of a paid function or charge or contractual benefit with or without dependency, under any modality in the National Civil Service, is incompatible with the perception of a forecast benefit or withdrawal from any national, provincial or municipal forecasting regime. Such incompatibility shall be applied irrespective of the specific exceptions that have been or are disposed of in respect of this decree, its amendments and supplements. (Paragraph incorporated by art. 1 Decree No. 894/2001 B.O. 13/7/2001)

(Note Infoleg: by art. 1 Decree No. 9432/61 B.O. 25/10/1961 the initiation of the term of art. 1 with respect to the managers, teachers and assistants of all educational establishments is extended.

(Note Infoleg: Article 1 by article 7 Decree No. 9677/61 B.O. 2/11/1961, in the sense that it is also incompatible the exercise of a paid public office or employment in the jurisdiction and competence of the National Executive, with any other public office paid in the national, provincial or municipal order. )

Article 2o.- The provisions of the present include the staff of the central administration, decentralized entities, State enterprises, Official Banks, parastatal farms, special accounts services, construction plans, social works services of the ministries and their units or distributions, academies and agencies subsidized by the State and, in general, that of the agencies and companies whose administration is in charge of the National Budget, whether or not the respective budget. In terms of its retribution, it includes all charges or jobs, irrespective of the form of remuneration, whether for monthly and permanent payment, wage, fees, commissions, and in general any benefit that is perceived through the above-mentioned agencies, in terms of service retribution.

It therefore reaches all the staff of the National Administration without distinction of categories or hierarchies in the civil services, the military personnel of the Armed Forces and the security and defence bodies.

(Note Infoleg: by art. 8° Decree No. 9677/61 B.O. 2/11/1961, text according to art. 7° from Decree No. 894/2001 B.O. 13/7/2001 clarifies that the provisions of the regime approved by this Decree shall not be applicable in the jurisdictions of the Armed Forces and Security and Defence Agencies, which have previously established a special regime of incompatibility in which case it will continue to apply, as well as that the rules of this decree do not include the members of the Court of Accounts of the Nation or the National Universities and its dependencies, eminently technical bodies Nor are such measures applicable in cases of existing legal requirements that permit the accumulation of charges against each other)

Article 3.- The staff under Article 1 who has more than 3 years of age in the Administration, who is nominated as a candidate for a member of the Executive or Legislative Powers of the Nation or of the Provinces and of the Municipalities, shall be accorded a licence from that time without having any assets. If it is not elected, you must return to your functions within the TEN (10) days of knowing the result of the election. If so, it will continue to be removed from the exercise of its functions without the perception of assets, being returned to its post of origin to the termination of its mandate.

The same license will be agreed upon by staff who with THREE (3) years old were appointed:

(a) Minister, Secretary of State, Assistant Secretary and Secretary of the Presidency of the Nation, Provinces and Municipalities.

(b) Members of the Cabinet of Ministers or Secretaries of State and of the Presidency of the Nation, whose position is included in the respective budget.

(c) Member of the collegiate bodies operating in the National, Provincial or Municipal Administration

(Infoleg Note:

- By art. 1 Decree No. 862/63 is determined that the unpaid leave prescribed by article 3 shall be optional for those agents who hold elective positions in the municipal order (Concejal or School Councillor), provided that there is no overlap of schedules with the position they hold in the National Administration;

- By art. 1o Decree No. 5363/63 B.O. 06/07/1963, it is established that the unpaid leave provided for in article 3 for the staff of the State that is elected to be a member of the Executive or Legislative Powers of the Nation or of the Provinces and Municipalities, shall not be binding when the agent in which the appointment is required may normally continue to perform the functions that fall within the Competence. This circumstance shall be controlled by its hierarchical superiors, who, if not, would attempt to formulate the respective option, in accordance with the provisions of the regime approved by the aforementioned pronouncement;

- By art. 1 Decree No. 5354/64 B.O. 24/07/1964, is included in the scope of article 3 to the staff of the Administration who is nominated as a candidate for the post of a justice of the peace, the judiciary of the provinces and who is elected for such functions;

- Article 1 of Decree No. 6513/74 includes in the scope of article 3 the staff of the Administration designated as municipal mayor. )

Article 4. Staff holding posts in the foreign service of the Nation shall not be able to receive any other remuneration other than that determined by the budget of the Ministry of Foreign Affairs And CULTO, being incompatible such charges with any retirement, retirement, civil or military remuneration by the National, Provincial or Municipal Administration, when it performs its functions outside the country, in accordance with the conditions and time that determines its corresponding appointment.

Article 5o.- The staff designated by the Executive Branch for the temporary performance of another position, employment, mission or commission may only receive the salary or the increased assignment that is in its right to any other additional retribution for that purpose, the above provision is applicable to the costs of representation, via, mobility or refunds of expenses that are functionally corresponding to the corresponding charge, function or commission, which may not be accrued to any other assignments.

Article 6 .- The judicial judges of the Nation and the Provinces in any of their jurisdictions, as well as the members of the Public Prosecutor ' s Office, may not impart secondary, normal, special or primary education in educational establishments under the National Executive.

Equal limitation reaches the members of the Courts of Accounts of the Nation, Provinces or Municipalities.

Article 7o.- Staff members presently may not represent or sponsor litigants against the Nation, or intervene in judicial or extrajudicial proceedings in matters in which the Nation is a party; they may not act as experts either by appointment of office or by proposal of a party in equal circumstances. They are exempt from these provisions when it comes to the defence of personal interests of the agent, his spouse or his or her consanguineous relatives or by affinity to the first degree.

Article 8 .- The incompatibility established by this decree does not exclude those which specifically determine the laws, decrees and other organic provisions for certain services, whether they are moral or functional.


Article 9o .- As an exception to the provisions of article 1, only the

accumulations expressly quoted in this Chapter, which shall be conditioned in all cases to comply with the following extremes, without prejudice to the requirements of each particular service:

(a) that there is no time overlap, and that between the term and the beginning of one and another task there is sufficient time to allow the normal movement of the agent from one to another workplace, which must verify, under his responsibility, the authority responsible for approving the reported accumulation.(Article replaced by Decree No. 1412/63)

(b) That the schedules for each job are fully met; it is therefore prohibited to agree on or facilitate the performance of special or differential hours, and the performance of the person officially assigned to the post must be required. For this purpose it is understood by official timetable that established by the National Executive or by competent authority for the respective service.

(c) That they do not measure reasons of distance that prevent the transfer of the agent from one to another in the period indicated in a), unless between both performances there is a sufficient time to move.

(d) (Section repealed by art. 10 of the Decree No. 9677/61 B.O. 2/11/1961)

(e) That no rule of ethics, efficiency or administrative discipline inherent in public service such as: parentage, subordination in the same jurisdiction to a lower hierarchical, dependency relationship between the two jobs and other aspects or assumptions affecting the functional independence of the services is contracted.

Please expressly state that the exceptions for accruing charges are mutually exclusive and therefore the person concerned can only be protected in one of them. The circumstance of finding itself in a given alternative, in fact eliminates the possibility of accepting another franchise simultaneously.

Article 10 .- The professionals of the art of healing can accumulate such charges under the conditions specified in Article 9 of this Chapter.

For the purposes of this decree, professions of the art of treating those performed by doctors, dentists, pharmacists (Act No. 12,921, article 1) and obstetrics are considered.

(Note Infoleg:

- By art. 11 Decree No. 9677/61 B.O. 2/11/1961 clarifies that the enumeration of professions of the art of healing contained in article 10 has the scope set for them in subparagraph (c), article 2 of Decree No. 22,212/45 (ratified by Act No. 12,921), and Law No. 13,970;

- By art. art. 1st Decree No. 1053/90 B.O. 8/6/1990 incorporates into the provisions of article 10 the agents performing the activities of collaboration of medicine and dentistry, as set out in article 42 of Act No. 17.132 and the supplementary decrees issued accordingly.

Article 11. The agent who holds a university degree, who performs in positions reserved exclusively for his profession and resides in centers populated with less than TREINTA MIL (30.000) inhabitants, may accumulate another position of equal nature in the Provinces or Municipalities.

Article 12.- For the purposes of this regime, the task of providing, directing, supervising or guiding general education and systematized education, as well as of directly collaborating in these functions, subject to pedagogical norms and regulations provided for in the Statute of the Teacher.

The teaching positions must be indefectably specified in this nature in the respective budget and include activities relating to university, higher, secondary, medium, technical, special, artistic, primary or complementary education, either in the official or seconded order or civil or military institutes; including, in addition, the holders, alternates or prospects.

The staff referred to in the preceding paragraph may accumulate only one of the following assumptions:

(a) one teacher, another teacher.

(b) a teaching position, up to twelve hours of teaching.

(c) Twenty-four hours of teaching chair.

(d) The Directors and Rectors, Deputy Directors and Vice-Chanctors, Regents and Chiefs of Practice, Assistantgers and District Secretaries of Primary, Medium, Higher and Artistic Education may accumulate up to SEIS (6) hours of class. School management positions cannot be accumulated in any branch of education of the same or different categories.

(e) to DOCE (12) hours of teaching, a non-teaching position.

(f) one teacher, another non-teaching position.

The rectors of secondary schools with a single turn may dictate their class hours within the same shift.


Article 13.- The agent who is incompatibility, either because he reviews in unauthorized charges or passiveness, or because in the accumulation the conditions required in Article 9 shall not be fulfilled, shall formulate the respective option, for which purpose he shall submit under receipt and within the TREINTA (30) correct days of publication of the present decree, the waiver based on this circumstance, the receipt or the respective charges, shall also apply.

These waivers shall be accepted without further processing, if the agent is subject to the substance of sums or irregularities, the acceptance shall be without prejudice to what is resolved in such proceedings.

Apart from the course of the resignations, the agent will cease to serve the TREINTA (30) days of their submission, if not accepted before. This circumstance shall be controlled by the immediate hierarchical superior, who shall provide that the person concerned ceases to provide services within the specified time limit, being directly responsible for the violations committed in this regard.

The option must be formulated indescribably, even if the agent reviews with a license with or without the enjoyment of assets.

(Note Infoleg: By art. 1 Decree No. 9432/61 B.O. 25/10/1961 the initiation of the term of art. 13 with respect to managers, teachers and assistants of all educational establishments is extended.

Article 14 .- Within the SESENTA (60) days of publication of this decree, the agents who serve in the agencies mentioned in Article 2 of this Regime shall, under oath, declare their magazine status in the annex form approved by this act, which shall be extended by triplicate, and whose copies shall be used:

Original: to the Bureau of Administration or Agency to do its time, to be accompanied by the securities settlement plan of the month after the expiry of the fixed deadline, which will be forwarded for the intervention of the Court of Accounts of the Nation (Delegation, Prosecution and/or Audit).

Duplicate: to process in the distribution where the agent provides services.

Triplicate: for the person concerned, who must keep it carefully and present it on the opportunities requested; in this copy it must include the receipt of the two previous copies by the respective hierarchical superior.

(Note Infoleg: - By art. 1 Decree No. 9432/61 B.O. 25/10/1961 the initiation of the term of art. 1 with respect to the management, teacher and assistant of all educational establishments.

- By art. 2o Decree No. 7889/72 it is stated that the exemplary of the affidavits referred to in article 14 once intervened by the Office of the Prosecutor or Audit of the Court of Auditors of the Nation shall be returned to the administrative service corresponding to the purposes provided for in article 16 of that order, as amended by Decree No. 728/63.

- By art. 1 Decree No. 5229/62 it states that the affidavit forms approved in Article 14, shall be filled by any person who holds a paid civil position or public office within the orbit of the National Executive, without distinction of jurisdictions (Central Administration, Special Accounts, decentralized or auto-archic agencies, State Companies, Public Works and Work Plan, Social Works, Armed Forces, Security and Defence Agencies, National Universities, etc.)

Article 15.- In order to verify compliance with the provisions of the previous article, the services responsible for the payment of assets shall require the payment of those corresponding to the month following the expiration of the period fixed therein, the display of the triplicate of the affidavit with the record of the receipt of the other two copies.

In turn, the Court of Accounts of the Nation through its Delegations, Prosecutors or Audits shall refrain from proceeding to the settlement of assets of the indicated month of those agents whose original affidavit had not been forwarded within the established time limit.

The procedure indicated will be in compliance for all agents, even if they do not provide services for a licensed journal, they are suspended, or any other case. The same procedure will be followed for those who are subsequently incorporated.

Article 16 .- The Administration or Agency Directions that do their time, in collaboration with the staff services, will analyze the duplicates of the affidavits of the agents whose assets are liquidated through them, proceeding as follows:

1o.- If accumulations are not reported (including retirements, pensions, retirements and passivity in general), they will have written their addition to the agent's log.

2o.- If accumulations were reported:(a) If they are compatible for being expressly authorized in the present, they will analyze whether they comply with the required ends in Article 9o, authorizing in case of affirmative in writing the accumulation, deferring the notice of the causator and aggregation to their personal legajo. In the event that some of the requirements set out in article 9 shall not be met, the immediate termination of the functions of the agent shall be provided, which shall regulate his situation within the improper period of five (5) working days, at the expiration of which his or her cessation shall be required to the appropriate authority, if the situation has not been altered.

(b) If they are incompatible with not being authorized in the present, the immediate termination of the functions of the agent shall also be provided, which shall choose one or another position, within the improper period of five (5) working days, to which maturity, if the option has not been materialized in a documented manner, the offender ' s cessation shall be required to the competent authority.

(Apartment 2 replaced by article 1 Decree No. 728/73 B.O. 15/02/1963).

Article 17.- (Article derogated by art. 1 Decree No. 7889/72 B.O. 22/12/1972)

Article 18 .- The agent who under the present regime is separated from the service because he does not fit his journal status in the established rules, shall not have the right to the perception of assets during the period of time that he does not perform functions, although later his situation will be regularized.

It may also not continue to use the benefits that the licensing regime agrees in any of its cases, as long as it does not previously resolve the incompatibility situation in which it is located.

Without prejudice to the penalties applicable to the agent, the immediate hierarchical superiors who do not require their faithful compliance are responsible for violations of this article.

Article 19 .- Agents are required to update their affidavits at each time in which they produce variations in the situation of accumulation, schedules in the performance of the charges, change of places where they must perform their functions, modifications in the perception of passivity and in general when any condition is altered to make the history taken into account to authorize compatible assumptions.

Article 20 .- Any omission or false statement on the charges and/or benefits accrued by the agents will make them passive to the disciplinary measures appropriate, according to the degree of infringement committed. The same measures shall apply to the authorities responsible for the respective services constituting such omissions.

Article 21.- (Article 1 of the Decree No. 7889/72 B.O. 22/12/1972)

See exceptions to the Regime