NATIONAL PUBLIC ADMINISTRATION Replacement regime to proceed, in the event of the waiver of the post of head office or post office of the Organic Units of level not less than the Department or equivalent, or temporary absence of its holders, to the coverage of the same by the temporary assignment of functions. DECADE N° 1.102

Bs. As., 26/8/81

VISTO Decree No. 1538 of 31 July 1980, by which a replacement regime was established to carry out, in the event of a vacancy of higher posts and the temporary supervision or absence of their holders, the coverage of such persons through the temporary assignment of functions, and

CONSIDERING:

That the experience gained during the period of time of the precited legal instrument indicates the desirability of limiting the use of the faculty to assign such functions to driving levels.

That such a decision finds strong support in the circumstances that because of their inherent responsibilities, as well as their particular hierarchical location, such charges have a fundamental gravitation in the normal implementation of the programmes of action envisaged for each jurisdiction.

That through this arbitrio the temporary assignment of functions is restricted to those assumptions in which by the nature of the charge it is essential to foresee its immediate coverage, thus achieving a reduction of the consequent erogations, in accordance with the policy of containing expenses adopted by the National Executive.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1.. Ministers, commanders-in-chief of the Armed Forces, secretaries of the Presidency of the Nation, head of the Military House and head of the decentralised agencies, as long as there is no other legal or regulatory provision that determines it, are entitled, in the event of a vacance of positions of head or subject of organizational units of level not less than department or equivalent, or temporary absence of their holders, to provide their coverage by means of temporary assignment. Art. 2nd. The staff assigned temporary functions shall be entitled to receive, during their internship, an additional retribution which shall be equal to the difference between the amount of the assignment of the category and the individual additional staff of the agent and which shall correspond to the position of the agent as a substitute, when the following circumstances arise:

(a) That the post is vacant or that the incumbent is in any of the following situations:

1. Complying with a commission of the service or a mission in the country or abroad that prevents him from performing directly and personally the tasks inherent in his office.

2. Designated in another position with own retention.

3. Complying with an interim superior function.

4. In use of extraordinary leave with or without pay or special for health reasons.

5. Suspended or separated from the charge for reasons of summary.

6. Without providing services while your resignation is pending.

(b) That the period of internship is higher than sixty (60) days run.

(c) To maintain the form, modalities of work and hours of service delivery in the exercise of the post.

Art. 3rd. Agencies that under the powers agreed upon by article 1 shall assign internships to vacant posts shall adopt the orders of the case to formalize their final coverage under the respective selection regimes, within a time limit of six (6) months from the date of initiation of the internship. If the term has not expired, the final coverage of the charge has not been formalized, the internship will automatically expire.

The internships available for temporary vacancies will expire indefectably upon the return of the incumbent.

Art. 4th. The internships which came before the date of the present decree and are in accordance with their requirements shall expire on the occasion which, for each case, is set forth below:

(a) Those willing to fill vacant posts: at six (6) months, from 31 August 1981.

(b) Those willing to fill temporary vacancies: upon the return of the incumbent.

Internships that do not conform to the provisions of this regime will expire on 31 August 1981.

Art. 5o. In the designation of a replacement, priority should be given to agents who occupy the same category as that of the post to be filled and, if not, to those who are at the lower immediate level of the organizational structure of the respective service. In the event of the existence of various agents of the same category, to equality of suitability and merits for the performance of the respective role, the person who registers the greatest age in the Public Administration shall be appointed, except a decision on the contrary.

In all cases, the prohibition provided for in the last paragraph of item 5 of the "Normas para el Tramite de Adscripciones de Personal", approved by Decree No. 1347 of 11 July 1980, will be taken into account.

Art. 6th.. Please refer to the General Secretariat of the Presidency of the Nation to dictate the clarification or interpretation of this decree. Art. 7th. The present decree shall enter into force on 31 August 1981, at which date Decree No. 1538 of 31 July 1980 shall be repealed. Art. 8th. This decree will be endorsed by the Minister of the Interior. Art. 9o. Contact, post, give to the National Directorate of the Official Register and archvese. Viola. Horatio T. Liendo.