Decree No. 2407
Rule the procedure to which interim teachers interested in obtaining the reinstatement granted by Law No. 23,238 shall be adjusted
Bs. As. 12/12/85
I SEE Law Nro. 23,238, and
That in accordance with article 4 of that regulatory body, it is necessary to regulate the procedure to which interim teachers interested in obtaining the reinstatement granted by the law must be adjusted for having been separated from their magazine posts or forced to leave them for ideological, political or group reasons.
That this right to reinstatement constitutes a just remedy in the face of the difficult circumstances that have experienced important sectors of Argentine teaching as a result of the application of highly repressive security criteria.
That such reincorporations to be carried out within the scope of the MINISTERY of EDUCATION AND JUSTICE should be covered by the procedural rules set out below and taking into account the austerity policy that the NATIONAL GOVERNMENT has imposed.
That the rule to be issued is based on article 86, paragraph 2, of the National Constitution and article 4 of Law No. 23 238.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 - In order to obtain their reinstatement the interim teachers referred to in article 1 of the Law No. 23,238, shall comply with the following provisions:
(a) To request it in writing from the Ministry of EDUCATION and JUSTICE, indicating, as an affidavit, personal identification data, real domicile, periodical status at the time of the cessation of service, an act that provided for the measure, causes and effects of the same, if it is affiliated to any Provident Fund at the time of submission, number of participants, if it is managing or enjoying any profits,
(b) To provide the evidence that it deems relevant for the purpose of accrediting that its decoupling was due to ideological, political or union reasons. Testimony may be offered when corroborating the existing presumptions derived from the aggregate instrument.
Art. 2o - The submission of applications shall be completed in the term set out in article 3 of the Act.
Art. 3o - The processing of the request for reinstatement shall be carried out with the intervention of the SUBSECRETARIAS of the DOCENT PROFESSIONAL ACTIVITY and of the EDUCATIONAL CONDUCTION of the Ministry of EDUCATION and Justice.
Art. 4o - The re-entry will be effective as follows:
- the former agent will be relocated according to the conveniences and needs of the service in a position and hours chair equivalent to that of his last magazine situation.
- if there are no vacancies in the establishment where he was reviewing at the time of the cessation he will be offered to occupy those or those who were uncovered, in another establishment, respecting the situation of magazine and the title that enables him to dictate that and other subjects. All of this, with previous intervention of the appropriate CLASIFICATION BOARD.
Art. 5o - The request for reinstatement must necessarily include the waiver of the claim for having fallen during the time when the former agent was found separated from the function until the date of its effective relocation, as provided for in article 5 of Law Nro. 23,238, without which the application for reinstatement shall not be completed.
Art. 6o - The acting teachers who, prior to the dictation of this decree, had registered before the Ministry of EDUCATION and JUSTICE presentations for the purpose of accepting the benefits of Law Nro. 23,238, shall enjoy the same time limit set out in article 2 of the present for the purpose of adequating such submission. The same criterion shall apply to the presentations made prior to the sanction of the aforementioned Law.
Art. 7o - Contact, post, give to the National Directorate of the Official Register and archvese.
ALFONSIN - Carlos R. S. ALCONADA ARAMBURU