VISTO the Licensing, Justification and Franchising Regime approved by Decree No. 1.429 of 22 February 1973 and
In accordance with the programme of activities planned for the National System of Administrative Reform, the comprehensive review of the regulatory body has been carried out.
That the conclusions obtained in the studies identified the need to adapt the scope of certain institutes by pondering the experience gained during their application, as well as the desirability of incorporating others interpreting new causal concepts that generate the right to special licences.
In this regard, and in the light of social motivations, it is advisable to have guardianship measures that provide for the recognition of license to the female agent, the possession of children for adoption in accordance with the existing legal rules.
It is also considered reasonable to agree on a reasonable period of leave to the male agent whose wife died and had children under seven (7) years of age.
That in order to avoid the interpretative doubts created with respect to the circumstances in which they must be computed, for the purpose of granting the regular annual leave, the periods in which staff are using other licences, it is appropriate to establish precise provisions on the subject.
That, on the other hand, it is appropriate to determine in which cases, when the agent is unable to use the annual license, he will maintain the right to it.
Which administrative reasons point to the desirability of the incorporation of the provisions relating to the objectives proposed in the preceding considerations, through the adoption of a new general regime on licences, justifications and franchises.
THE PRESIDENT OF THE ARGENTINA NATION
ARTICLE 1 O Approve the Licensing, Justification and Franchising Regime, which, as Annex I, is part of this decree.
ARTICLE 2 O The provisions of the regime adopted by the present decree shall enter into force on 1 January 1980, when the decrees number 1.429 of 22 February 1973 and 1,531 of 20 May 1974 shall be repealed.
ARTICLE 3o O Contact, post, give to the National Directorate of the Official Register and archvese.
José A. Martínes de Hoz
Jorge A. FragaAnnex I
Article 1 . Scope of application. Please note the present licensing, justifications and franchises for the Civil Service of the National Civil Service, which reviews in centralized and decentralized agencies, regardless of their legal nature, including financial entities, special accounts services and works plans under the National Executive, and the respective social works services, with the following exclusions:
(a) Diplomatic personnel involved in the Foreign Service Act.
(b) Teaching staff under special statutes.
(c) Civilian personnel of the Armed, Security and Police Forces.
(d) Staff subject to the Labour Contract Act.Art. 2 . Rights. I. Permanent staff:
Permanent staff shall be entitled to the licences, justifications and franchises provided for in this regime from the date of their incorporation, with the exceptions set out in Article 5 "Right to license".II. Non-permanent staff.
Non-permanent staff, whether in cabinet, contract or transitory, shall only be entitled to the licenses, justifications and franchises provided for in the following provisions: (Part replaced by art. 2nd Decree No. 894/82 B.O. 11/5/1982)
Article 9: Regular annual leave.Article 10:
(a) Short treatment conditions or injuries,
(b) Disease in working hours,
(c) Long-treatment conditions or injuries,
(d) Working accidents,
(h) Trend for adoption,
(i) Child care,
(j) Assistance from the family group,Article 13:
I : With the joy of being:
(a) For exams,
(d) Marriage of the agent or his children,
(e) For unreleased sports activities.Article 14:
(c) Special reasons,
(d) Blood donation,
(e) Pre-review for compulsory military service,
(f) Private reasons,
(g) Review tables
(h) Other insistences. (Incision replaced by art. 3rd Decree No. 894/82 B.O. 11/5/1982)Article 15:
(b) Time reduction for infant mothers,
(c) Conference attendance.
Art. 3o . Cease deposit. The licences, justifications and franchises to which non-permanent staff are entitled will automatically expire upon termination of their duties.
The expiration includes unused or used licenses at the time of the alleged occurrence. The unused annual leave must be paid.
Art. 4o . Personal adscripto. The registered staff shall be applied in the matter of licences, justifications and franchises the provisions in force in the agency of origin. The following licenses: regular annual, short-treatment conditions or injuries, illness in working hours, assistance from the family group, examinations and marriage of the agent or his children, as well as the justification of insistences and timeliness, shall be agreed upon by the competent authorities of the agency in which such personnel perform and communicate in due course to the jurisdiction of origin.
Licences for other concepts will be granted by the agency of which it depends budgetaryly.
Art. 5 Derecho Right to license. The agent with the respective certificate of final aptitude shall have the right, from the date of its incorporation, to use the licenses specified in this regime, except those for which a certain antiquity is required.
In the event that the certificate of aptitude is of a provisional nature, it shall not be entitled to that provided for in Article 10 (c) " long-term injury or injury".
Article 6 De Delegation of powers. Please refer to the Lords Ministers, Secretaries of the Ministries and the Presidency of the Nation, Head of the Military House and holders of the decentralized agencies, to determine the officials who will be responsible for the granting of the licenses provided for in this decree, except that provided for in Article 13-I-b) "to carry out studies or investigations", which will be granted by those higher authorities. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where he says "Secretaries of State and the Presidency of the Nation", he must say: "Secretaries of the Ministries and the Presidency of the Nation"
Art. 7o . Regulatory interpretation agency. Please refer to the General Secretariat of the Presidency of the Nation to issue the relevant clarification and interpretative rules of the present decree, following the intervention of the Ministry of Public Health and the Environment in matters falling within its competence. (Art. 18 of Decree No. 894/82 B.O. 11/5/1982, which reads "Secretariat of State of Public Health", should read: "Ministry of Public Health and the Environment")
The Ministries, Secretariats of the Ministries and the Presidency of the Nation, Military House and decentralised bodies whatever their legal nature may, in accordance with the needs of their services, regulate the application of the rules of this decree. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where he says "Secretaries of State and the Presidency of the Nation", he must say: "Secretaries of the Ministries and the Presidency of the Nation"
Art. 8 . Expected benefits. Agents shall have the right to the following licenses, justifications and franchises, in accordance with the rules for each case set out in the following chapters:
II . Regular annual license.
III . Special leave for health and maternity recovery.
IV s Extraordinary Licenses
V . Justification of insistences.
VI . Franchises.
Art. 9 . Requirements for your concession. The regular annual leave will be agreed upon for the due year.
The period of leave shall be granted with the full enjoyment of assets, the granting and use of the following rules is mandatory:
The term of this license shall be set in relation to the antiquity recorded by the agent as at 31 December of the year to which the benefit corresponds and according to the following scale:
1. Up to five (5) years old: Twenty (20) days run.
2. Up to ten (10) years old: Twenty-five (25) days run.
3. Up to 15 (15) years old: Thirty (30) days run.
4. More than fifteen (15) years old: Thirty-five (35) days run.
At the request of the interested party and provided that for reasons of service this license may be terminated in two (2) periods. (Paragraph added by Article 4 of the Decree No. 894/82 B.O. 11/5/1982)
(b) Date of use:
For the purposes of granting this licence, the period from 1 December of the year to which it is due and 30 November of the following year shall be considered. This license shall be used within the above period and shall be granted in all cases in accordance with the requirements of the service. License applications must be settled within the fifteen (15) days of filing.
It may be transferred in full or in part to the following year, by the authority authorized to agree on it, when there are circumstances based on reasons of service that make it essential to take that measure, not being able, for this reason, to be postponed for more than one (1) year.
The accumulated licences may be terminated independently in the form and conditions provided for in subparagraph (a), final part, of this article. (Paragraph replaced by Article 5 of the Decree No. 894/82 B.O. 11/5/1982)
(d) Annual receipt.
In the units with annual functional recess, all or most of the staff will be provided with the appropriate leave at that time.
(e) Simultaneous license.
When the agent holds more than one position in the agencies of the National Civil Service and whenever the needs of the service permits, the licenses will be granted simultaneously.
In the case of married agents and both spouses in the National Civil Service, the respective licenses shall be granted to them simultaneously, provided that the needs of the service permit. (Paragraph added by Article 6 of the Decree No. 894/82 B.O. 11/5/1982)
(f) Minimum antiquity for entry and re-entry.
Staff shall use the right to leave from the period specified in subparagraph (b) following the date of their entry or re-entry into the National Civil Service, provided that prior to the commencement of the period they have served for a period not less than three (3) months, in which case a licence shall be commensurate with the time worked.
If a minor benefit is registered, the right to leave will only be reached in the subsequent period, at which time it will be granted, together with the corresponding annual leave days, the proportional part of the time worked in the year of its entry or re-entry.
To that end, one twelfth part (1/12) of the corresponding annual license shall be computed for each month or fraction greater than fifteen (15) days worked. The entire figures of days will be taken into account in the resulting total, disposing the fractions below fifty (50) centésimos and computing as one (1) day those exceeding that proportion.
(g) Computable antiquity.
In order to establish the age of the agent, the years of service provided in agencies of the National, Provincial, Municipal and inter-State agencies or entities, including the "ad-honorem", in private and self-employed entities, as well as the period of incorporation into the Military Obligatory Service. (Text "as well as the period of incorporation into the Military Obligatory Service" added by art. 7th Decree No. 894/82 B.O. 11/5/1982)
For the purposes of the recognition of the age credited to private entities and until the corresponding Fund extends the respective certifications, the agents must submit an affidavit accompanied by a record extended by the or employers in which the services provided from the age of 16 are certified. Recognition of the age of self-employed services (independent workers, professionals, entrepreneurs) will only be made on the basis of the records that demonstrate the effectiveness of contributions made to the National Provident Fund for Self-employed Workers.
(h) Retired and Retired.
Retired or retired staff holding positions in the National Civil Service shall be computed, for the purposes of subparagraph (a) "terms", the length of time considered for the benefit of passivity. To this end, only effective service years will be taken into account.
(i) Periods that do not generate the right to leave.
The periods in which the agent does not provide services for the use of leave for conditions or long-treatment injuries, work accidents or occupational illness, and those without pay excluding maternity leave. do not generate the right to regular annual leave. (Paragraph replaced by article 8 of the Decree No. 894/82 B.O. 11/5/1982)
Nor shall it be granted for the periods in which the agent is incorporated into the Armed, Security or Police Forces, or in the use of the licenses provided for in article 13, paragraph II, subparagraphs (a) "transient exercise of other charges" and (e) "cargos, hours of chairing", except in the case that they prove that they have not made use of that benefit in their course.
(j) Licensing pending.
An officer who has not been able to enjoy the regular annual leave within the corresponding period for initiating leave for long-treatment or injury, work accident or professional illness, maternity, scientific, technical or cultural studies or research or incorporation into the Armed Forces, Security or Police, shall maintain the right to leave pending to him and must be used within six (6) months of the date of his return to the service. (Expression "and must use it within the twelve (12) months of its return to service" replaced by "and must use it within six (6) months of the date of its return to service" by art. 9th Decree No. 894/82 B.O. 11/5/1982)
The regular annual leave may only be terminated by short-treatment conditions or injuries for which more than five (5) days have been agreed upon for long-term conditions or injuries, occupational disease, maternity, family death, minor child care or reasons of service.
In such cases, excluding the cause of service reasons, the agent must continue to use the regular annual license immediately at the end of the period covered by the interruption, whatever the calendar year in which his return to work takes place.
In none of these cases it will be considered that there is fractionation.
If the interruption is caused by the death of a relative, by the granting of a minor child ' s care leave, or by both cases, the remaining period of use of the ordinary license shall be added to the one corresponding to such benefits, but in no case the total term, computed all the cases, may exceed fifty-five (55) correct days.
(Replaced by art. 10 of the Decree No. 894/82 B.O. 11/5/1982)
(l) The payment of the licenses.
The agent who submits waiver of office or is separated from the National Civil Service for any reason shall be paid the amount corresponding to the regular annual leave that may have pending use, including the proportional part of the license provided for in the calendar year in which the discharge occurs, which shall be estimated by the procedure provided for in the last two paragraphs of subparagraph (f) "minimum age for entry and re-entry".
In the event that the liquidation is delayed for reasons not attributable to the agent, it shall be carried out on the basis of the category in which he reviewed at the time of his discharge and in accordance with the remuneration thereof, updated to the date of payment in accordance with the rules in force in the matter. (Paragraph replaced by art. 11 Decree No. 894/82 B.O. 11/5/1982)
(m) Liquidation form for staff retributed to or uncovered.
The liquidation of assets for the duration of the licences shall be carried out in respect of staff paid to or uncovered, as follows:1. Fuck.
Taking into account the last jornal perceived at the date of the granting of the license.2. Uncover.
According to the average of those perceived in the three (3) better months of the year to which the license corresponds.
In the event of the death of the agent, his or her beneficiaries shall receive the amounts that may correspond to the unused annual licences, according to the procedure provided for in subparagraph (l) "of the payment of the licences".
(o) Special cases.
1. Professional radiologists.
In the case of radiologists and radiology assistants, regardless of their age, the regular annual license will be thirty-five (35) days run and not postponed for reasons of service. This license will be split in two (2) periods, not less than ten (10) days, having to mediate between both a minimum of two (2) months.2. Agents on commission.
When the agent is serving a service commission outside the usual seat of his duties, the normal time spent on the round trip between the place where the commission and that of that seat will not be computed as an ordinary annual license.
If I break the license in two (2) periods, only one of them will grant the discount for travel time.
Art. 10 . Concept. Special licences shall be agreed on for the reasons set out and in accordance with the following rules:(a) Short treatment conditions or injuries.
For the care of short-treatment conditions or injuries, which disqualify for the performance of the work, including minor surgical operations, up to forty-five (45) calendar-year-old days of leave, on a continuous or discontinuous basis, with full perception of assets. Upon expiration of this period, any other license that is necessary to agree in the course of the year for the reasons set forth will be without having.(b) Illness in working hours.
If, by illness, the agent should withdraw from the service, the day will be considered as a short-term sick leave if less than half a day has passed, and he will be granted leave of departure, without delay, when he has worked more than half a day.(c) Long-treatment conditions or injuries.
For the care of conditions or long-treatment injuries that disqualify for the performance of the work and for the cases of surgical interventions not covered in subparagraph (a) "short treatments or injuries", up to two (2) years with full enjoyment of assets, one (1) year with fifty per cent (50 per cent) and one (1) year without having any assets, which will be terminated the employment relationship.
For the granting of this license it will not be necessary to exhaust the forty-five (45) days referred to in subparagraph (a) "Short-treatment injuries".(d) Labour accidents.
For every accident of work or occupational disease, up to two (2) years will be granted with full enjoyment of assets, one (1) year with fifty per cent (50 per cent) and one (1) year without having any assets, which will be extinguished the employment relationship.
Salaries received under this subparagraph are not deductible from the amounts appropriate for compensation for other legal provisions.(e) Inability.
When it is ascertained that the lesions or diseases that have been agreed to leave under the provisions of subparagraphs (c) "long-treatment injuries" and (d) "working accidents", are irreversible or have taken a definitive character, the agents concerned will be recognized by a medical board of the Ministry of Public Health and the Environment, which will determine the degree of work capacity of the same, advising, in their case, the type of functions that are not less than four hours (4) This exception will be agreed with full enjoyment of assets for a period of time that cannot be extended for more than one (1) year throughout the course of your career. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where it says "Secretariat of State of Public Health", it must say: "Ministry of Public Health and the Environment")
In case of total disability, social security laws will be applied.(f) Advance the existence of passivity.
In the event that the incapacity is covered by disability retirement, from the time that it is determined and to the date when the respective forecasting agency agrees on the benefit, it will be paid the ninety-five (95 %) of the amount that is deemed to correspond to it as having retired, for a maximum period of twelve (12) months. This amount shall be settled in advance of the existence of passivity and the same shall be refunded by the forecasting agency to which the payment was made.(g) Maternity.
Maternity leave shall be agreed in accordance with existing laws. At the request of the party and upon certification of the competent medical authority, a change of destination or tasks may be agreed upon from conception and until the beginning of maternity leave. In case of multiple delivery, the period following delivery will be extended in ten (10) days run by each post-first light.
In the case of deferred childbirth the initial date of the license will be adjusted, justifying the days prior to the actual initiation of the license, as provided for in Article 10 (a) "short-treatment or injury" or (c) "long-treatment injuries or injury". The above provision will also apply in cases of births with dead fetuses.(h) Trend for adoption.
The female agent who certifies that one or more children of up to seven (7) years of age have been granted a special license for adoption, with the benefit of having a term of sixty (60) days, from the working day following the date of having the same one.(i) Child care.
An officer who has children up to seven (7) years of age, in the event of the death of the mother or stepmother of the minor, shall be entitled to thirty (30) days of leave, without prejudice to which he may correspond for death.
(Incision replaced by art. 12 Decree 894/82 B.O. 11/5/1982)(j) Attention to the family group.
For the attention of a member of the family group who is sick or injured and requires the personal attention of the agent, up to twenty (20) days run by calendar year, continuous or discontinuous, with enjoyment of assets.
This period may be extended without pay until a maximum of 90 (90) days.
In the respective sickness certificate, the authority that extends it shall disclose the patient's identity.(k) Affidavit on the family group.
The agents covered by the present regime are obliged to submit to the respective staff services, an affidavit in which they shall record the data of the persons who make up their family group, understood by those who depend on their care and care.(l) Incompatibility.
Licences covered in this article are incompatible with the performance of any public or private function. The incompatibility of this order will result in the discount of the accrued assets during the period of usufruct leave, without prejudice to the penalties that may correspond.
Art. 11 . General conditions. The granting of special health treatment licences shall be in accordance with the following provisions:(a) Competent agencies.
The Ministry of Public Health and the Environment shall be responsible for the granting and control of the licenses covered in this chapter, as well as the time reduction and the change of duties or destination provided for in article 10, subparagraphs (e) "incapacity" and (g) "maternity".
Agencies covered by Article 1 who have sufficient medical control services shall apply to the Ministry of Public Health and the Environment for authorization to grant the licenses provided for in Article 10, subparagraphs (a) "short-treatment or injury" and) "resistance of the family group", and to resolve situations relating to maternity leave. They are exempt from the above provisions, those units which are now authorized by previous provisions.
(By art. 18) Decree No. 894/82 B.O. 11/5/1982 where it says "Secretariat of State of Public Health", it must say: "Ministry of Public Health and the Environment")(b) Competent medical services.
Licences and franchises for health or maternity reasons provided for in the present regime may not, in any case, be agreed upon by medical services that are either hierarchical or functionally dependent on Social or Mutual Works.(c) Certificate of psychophysical aptitude.
The Ministry of Public Health and the Environment is the only competent authority to issue the certificate of aptitude required to enter the National Civil Service. If the corresponding examination arises remedies to grant the final certificate of aptitude, it may extend to it one of a provisional nature, renewable periodically for periods that do not exceed the OCHENTA CENTO (180) corrected days, to which maturity will be issued definitively on the aptitude of the agent. If the medical opinion determines that it does not meet the psychophysical conditions required for the post, the designation must be cancelled. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where it says "Secretariat of State of Public Health", it must say: "Ministry of Public Health and the Environment")(d) Completion of leave periods.
When the agent returns to service exhausted the maximum term of the license provided for in article 10, subparagraph (c) "long-treatment injuries or injury", he may not use a new license of this character until after three (3) years of service.
When such a license is granted for discontinuous periods, the licenses will be accumulated until they meet the specified deadlines, provided that between the periods there is no term of three (3) years without having used such licences. If such an assumption is given, they shall not be considered, and the agent shall have the right to the full license referred to in that paragraph.(e) Complaint of accidents.
The denunciation of an accident of work must be made immediately before the agency in which the agent and the police authority is performed, when the police officer occurs in the public road, within forty-eight (48) hours of the accident, unless for reasons of force majeure, duly justified, they could not be completed on the basis of such communications, in which case they must immediately be carried out of the cases.
Any accident suffered by the agent on the one-way or return journey between his home and the workplace, provided that he had not been interrupted for the benefit of the agent, will be causal to include the license necessary to grant him, under article 10 (d) "working accidents".
The agency in which the agent reviews shall refer to the Ministry of Public Health and the Environment an authenticated copy of the report of the accident, within thirty (30) days of the incident. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where it says "Secretariat of State of Public Health", it must say: "Ministry of Public Health and the Environment")(f) Assistance costs.
In the cases covered by article 10, subparagraph (d) "work accidents", the costs of medical assistance and the therapeutic elements necessary for the care of the agent shall be borne by the agency in which it is, in all aspects that are not resolved by the respective social services.(g) Agents outside your residence.
An officer applying for leave for reasons of health or maternity and who is in the country outside his habitual residence, in a place where there is no medical delegation from the Ministry of Public Health and the Environment or from the agency to which he belongs, or from another national, provincial or municipal, shall accompany the certification of the police doctor of the place, and if not, of a particular doctor, endorsed by the police authority. In order to better provide it, it must also attach all the elements of the trial that allow the medical service to establish the actual existence of the case. (By art. 18) Decree No. 894/82 B.O. 11/5/1982 where it says "Secretariat of State of Public Health", it must say: "Ministry of Public Health and the Environment")(h) Agents abroad.
When an agent is abroad and requests sick leave, he or she must submit to the competent medical service the certificates issued by official medical authorities of the country where he or she is found, legalized by the Consulate of the Argentine Republic.
If the authorities referred to do not exist, the person concerned shall obtain a record before the police of the place that proves such a case, thus having validity the certificate of a particular doctor, legalized by the Consulate of the Argentine Republic.(i) Prohibition of absenteeism.
Agents in the use of the licenses provided for in subparagraphs (a) " Short-treatment injury or injury", (c) "long-treatment injury or injury", (d) "work accidents" and (j) "family group assistance", of article 10, may not be absent from the place of their residence or, where appropriate, from that of the sick family member, without authorization from the medical service that had agreed to the respective license. If it fails to comply with that requirement, it shall be considered without pay from the date on which the fault is ascertained, without prejudice to the appropriate penalties.(j) Cancellation for restoration.
Licences granted due to illness or accidents may be cancelled if the respective medical authorities believe that the full re-establishment has been operated prior to the planned period. The agent who before the termination of the license is considered in a position to provide services shall apply for reinstatement.(k) Multiple day.
In cases where the agent is affected to a multiple working day, when he is licensed for the concepts provided for in article 10, subparagraphs (a) "short treatment injuries" and (j) "family group assistance", he must be computed as many days as normal days as he meets.
Art. 12 . Sanctions. Any simulation or falsehood in order to obtain a license or justification of insistences shall be deemed to be grave. The agent invokes these faults or the incompatibility provided for in article 10, paragraph (l) "incompatibility", shall be punished in accordance with the current disciplinary regime. The same procedure will be followed by the medical officer who extends false certification.
Art. 13 . Concepts. Extraordinary licenses shall be in accordance with or without having the following rules:I) With enjoyment of assets. (a) For exams.
This license shall be granted for a period of twenty-eight (28) working days to perform tertiary or postgraduate examinations, including those for admission, and twelve (12) working days for those of secondary level, in both cases per calendar year, provided that they are given in official or incorporated schools or in private universities recognized by the Government of the Nation. This benefit will be agreed in terms of up to six (6) days for each tertiary or postgraduate examination and up to three (3) days for the secondary.
Within five (5) working days of the return to the service, the agent must submit the proof that he or she has completed examination or in its absence, a record that certifies having initiated the procedures for obtaining him, extended by the respective educational establishment.
If, for any reasons not attributable to the agent, the examinations have not been provided on the scheduled dates, the presentation of the vouchers or the respective records shall be carried out within five (5) working days from the date of the examinations.
(Incision replaced by art. 13 Decree No. 894/82 B.O. 11/5/1982)(b) For studies or research.
A licence may be granted to conduct scientific, technical or cultural studies or research in the country or abroad, when, by its nature, they are of interest to the agency in which the agent reviews. In the event that such studies are conducted in the country, only this license will be agreed upon when, for duly accredited reasons, the performance of such studies creates timeless incompatibility with the performance of the position.
In order to grant this license, it must be counted, according to the matter, with a favourable opinion of one of the following agencies: National Council for Scientific and Technical Research, National Commission of UNESCO, National Institute of Public Administration, National Argentine Committee (FAO), National Fund for the Arts or international bodies to which our country is a member.
The duration of this license may not be extended for more than two (2) years. The agent to whom this benefit is granted shall be obliged to remain in office for a period equal to twice the agreed period, when it exceeds three (3) months.
In addition, at the end of the agreed license, you must submit to the superior authority of your agency a work relating to the investigations or studies carried out.
In the event that the agent voluntarily becomes a member of another agency of the National Civil Service, without any interruption of service, the obligation to remain shall be understood to be fulfilled in the last only if the studies carried out were to be applied in the Function assigned to him in the new destination.
An agent who does not comply with the term of compulsory stay shall refund the amount of the salaries for the period of usufruct leave.
In the event that the mandatory period of stay is partially fulfilled, the refunds shall be made in proportional form.
In order to be entitled to this license, an uninterrupted age of one (1) year in the National Civil Service shall be available in the immediate period prior to the date on which the request is made.(c) For studies at the National Defense School.
The officers designated to attend the higher courses provided by the National Defence School shall be granted leave for the term required by the respective school period. The agent to whom this benefit is granted shall be obliged to remain in office for a period equal to twice the agreed period. An agent who does not comply with the term of compulsory stay shall refund the amount of the salaries corresponding to the period of used leave. In the event that the mandatory period of stay is partially fulfilled, the refunds shall be made in proportional form.(d) Marriage of the agent or his children.
It shall be licensed for the term of ten (10) working days to the contracting agent.
Two (2) working days shall be accorded to agents on the basis of the marriage of each of their children. In all cases, this fact must be credited to the relevant authority.
The terms set forth in this paragraph shall begin to be counted from civil or religious marriage, on the option of the agent. (Paragraph added by art. 14 Decree No. 894/82 B.O. 11/5/1982)(e) For unreleased sports activities.
The license for unreleased sports activities shall be agreed upon in accordance with the applicable legal provisions.(f) Mandatory military service.
The compulsory military service license will be granted with 50% (50 %) of assets. In cases where the period of incorporation exceeds six (6) months, the license shall be extended up to fifteen (15) days after the date of deregistered in the enrollment notebook or single document, and up to five (5) days after the date of decommission if the period completed was less than that period, or the agent was declared inept or excepted. The extension of five (5) to fifteen (15) days referred to, shall be considered in run days and shall be optional for the agent.
The days of travel per transfer from the place where he served the military service, to the usual seat of his duties, will not be included in the terms of license set above and will be justified independently with the hundred percent (50 percent) of assets.
Recharges of service for reasons attributable to the agent shall be considered as licences without possessions.
The agent who is incorporated in order to comply with the compulsory military service and is assigned the status of officer in commission, shall be given as the only remuneration corresponding to his military degree, except that it is less than fifty per cent (50 per cent) of the remuneration he receives in the civil service under this clause, in which case the agency to which he belongs shall pay the difference.(g) To incorporate as a reservist.
Staff who are in a reservist nature temporarily incorporated into the Armed Forces or the Security Forces shall be accorded a licence for the term requiring their incorporation, in accordance with the legal regulations in force in the matter.II- A) Transient exercise of other charges.
The agent designated or elected to perform superior government functions in the national, provincial or municipal order is obliged to apply for a licence without a possession, which will be agreed by the term in which such functions are performed.(b) Private reasons.
The agent may make use of a licence for private matters on a continuous or fractional basis until the completion of six (6) months within each decade, provided that he has two (2) years of uninterrupted antiquity in the National Civil Service in the immediate period prior to the date on which the order is made.
This license will be agreed whenever there are no grounds for service.
The term unused leave cannot be accumulated in the following decades. In order to be entitled to this license in several decades, a minimum period of two (2) years between the termination of one and the initiation of the other shall be required. It may not be added to the licenses provided for in subparagraphs I (b) "to conduct studies or investigations" and II (a) "transient exercise of other charges" and (c) "reasons of study" of this article, having to mediate to enjoy this license, an effective uninterrupted provision of services of six (6) months, in the immediate period prior to the date on which the request is made.(c) Reasons for study.
License shall be granted for reasons of specialization studies, research, scientific, technical and cultural work or for participation in such conferences or congresses, in the country or abroad, either on a particular initiative, in the state or abroad or on the use of scholarships. Licensing periods under this subparagraph may not exceed one (1) year for each decade, which may be extended by one (1) year, on an equal basis, when the activities of the agent are related to the functions of the agent.
In order to use this license, an uninterrupted age of one (1) year must be established in the National Civil Service, in the immediate period prior to the date on which the request is made and may not be added to the license provided for in the preceding subparagraph (b) "private reasons", which must mean between the two a real service provision of six (6) months.(d) To accompany the spouse.
This license shall be accorded to the agent whose spouse is appointed to carry out an official mission abroad or in the country more than one hundred (100) kilometres from the usual seat of his or her duties and the term required by him, provided that such a mission has a foreseeable or foreseeable duration of more than sixty (60) days.(e) Charges, hours of chair.
Staff, protected by stability, who were appointed to serve in a higher rank, without stability, including those of a teacher ' s nature, in the national order, and for that reason would be incompatibility, shall be accorded leave without pay in the role that he ceases to exercise for that reason, for the term that situation lasts. Where the hierarchical order cannot be determined, it should be a higher-paid post.
JUSTICE OF INASISTANCES
Art. 14 s Agents have the right to justification with the enjoyment of assets of the insistences they incur in the following cases, and with the limitations that in each case are established:(a) Births.
The male agent, by birth of a child, three (3) working days.(b) Failure.
On the death of a family member, whether in the country or abroad, on the following scale:
(1) Of the spouse or consanguineous relatives in the first degree: five (5) working days.
(2) Of second-degree consanguineous relatives and first- and second-degree associates: three (3) working days.
The terms set forth in this paragraph shall begin to be counted from the day of death, of the taking of knowledge of the same, or of the exequias, to the option of the agent. (Paragraph added by art. 15 of the Decree No. 894/82 B.O. 11/5/1982)(c) Special reasons.
Inassisbilities motivated by meteorological phenomena and cases of force majeure, duly checked.(d) Blood donation.
The day of donation, provided that the corresponding medical certificate is presented.(e) Pre-review for compulsory military service.
For medical review prior to the incorporation of the Armed or Security Forces to perform compulsory military service, or for other reasons related to the same purpose. The justifications will be conditioned upon the previous presentation of the summons emanating from the respective military agency.(f) Particular reasons.
For particular reasons up to six (6) insistences on working days per calendar year and provided that they do not exceed two (2) per month.
The benefit shall be agreed unless, at the discretion of the competent authority to grant it, the normal development of the agency ' s tasks may be affected due to a significant decrease in the respective strength.
The request for justification shall be submitted with at least two (2) working days in advance and its concession or refusal shall be communicated to the agent until the working day prior to the absence.
The silence of PUBLIC ADMINISTRATION will be interpreted in favour of the petitioner.
If the agent has previously made the request for justification or if it is made out of the time, the competent authority, on the basis of the provisions of the second paragraph of this subparagraph and upon the weight of the reasons invoked by the person concerned, may:
Justify the insistences with the enjoyment of assets.
Justify them without having.
Don't justify them.
The resolution should be communicated to the agent and to the service of staff within three (3) working days after the insistence.
The justified insistences without the enjoyment of any assets shall be framed until their exhaustion in the requirements of subparagraph (h) of this article.
Those who are not justified will give rise to the penalties provided for by the legal and regulatory provisions in force.
(Replaced by art. 1 Decree No. 234/86 B.O. 18/2/1986)(g) Review tables.
When the agent is required to integrate examination tables in official or incorporated educational establishments, or in private universities recognized by the National Government, and for this reason, a conflict of schedule will be established, up to 12 (12) working days will be justified in the calendar year.(h) Other insistences.
The insistences that do not fit in any of the preceding subparagraphs, but which are subject to reasonable grounds, can be justified without pay up to a maximum of six (6) days per calendar year and not more than two (2) per month.
(Replaced by art. 17 of the Decree No. 894/82 B.O. 11/5/1982)
Art. 15 s Franchises will be agreed upon in the performance of the working day in the cases and conditions set forth below:(a) Timetable for students.
When the agent credits his/her position as a student in official or incorporated educational establishments, or in universities recognized by the National Government and documents the need to attend them in office hours, he/she may request a special schedule or permits subject to the corresponding time replacement, which shall be granted provided that the normal development of the services is not affected.
In the event that the nature of the services is not possible to access the requested, the agent may opt for a reduction of two (2) hours in his working day, having to do so on his regular, total and permanent remuneration, a deduction of twenty per cent (20 per cent) during the term in which he meets that time of exception.(b) Time reduction for infant mothers.
Breastfeeding mothers are entitled to an hourly reduction under the following options:
(1) Have two (2) half breaks (1/2) hour each for your child's attention during the working day.
(2) Decrease in one (1) hour a day your working day, either starting your work an hour after the check-in or finishing an hour earlier.
(3) Have one (1) hour in the course of the working day.
This franchise will be remembered for a space of two hundred and forty (240) days run from the date of birth of the child.
This period may be extended in special cases and after the medical examination of the child, which warrants the exception, up to three hundred and sixty-five (365) days. In case of multiple births, the agent shall be granted such extension without prior examination of the children.
The franchise referred to and its extension will only reach the officers whose working day is more than four (4) hours a day.(c) Conference attendance.
The insistences on staff members having been authorized to attend conferences, congresses or symposiums held in the country with formal sponsorship, or declared of national interest, will be justified with the enjoyment of assets.Background
Article 14, subparagraph (f) replaced by art. 16 Decree No. 894/82 B.O. 11/5/1982.ERRATA FEE Decree No. 3.413/79
It is noted that in the 11/1/80 edition of the Official Gazette of the Argentine Republic, where the aforementioned Decree was published, the following errors have been slipped:
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