Bs. As., 28/11/86
VISTO proposed by the National Cabinet, and
Since 14 June 1985, the beginning of the implementation of the economic reform plan ratified by article 55 of Act No. 23,410, the Government of the Nation, with the consensus of the great majority of the people, has undertaken the urgent task of combating inflation.
That in this regard, the progress made cannot be a matter of controversy, taking into account the significant reduction in inflation rates obtained since the validity of the plan.
That notwithstanding, the traditional structures of the national civil service have led to an inability to respond to a new situation, innumerable and justified claims of a wage nature, by the State agents, whose satisfaction is severely conditioned by the shortage of resources and the need to contain a budget deficit whose limitation is one of the essential pillars of the economic policy that the Government of the Nation develops.
That the community has been affected in recent times by the constant and permanent dissatisfaction of the different sectors that make up the spectrum of State servers that lead them not to comply with their specific activities and attention to taxpayers, taking force measures (huelgas, paroles, work to regulation, progressive strikes, etc.), aimed at achieving improvements in their income but whose immediate effect is the frustration of the service.
That the known statistics express the crude reality in which the public sector is going through, as well as the proliferation of conflicts, they have disdained the order and rational coexistence and reached unsuspecting levels of gravity. The current situation, which is already very close to the unsustainable, tends rapidly to worsen.
That the circumstances, given the required tendency to worsen and the basic nature of the services affected: Health, education for social insurance, etc., do not leave the Government of the Nation another way that, while maintaining its determined vocation to prevent restrictions on the freedom of action, to address the adoption of emergency solutions, that make possible an immediate improvement in the income of the state worker that corrects distortions resulting from the application of normal rules of the retributions that have generated no future effects
That the national executive branch aware of the logics of aspirations of various sectors and even if it does not share, in some cases, the belief in the reasonableness of the ways of channeling discontent, warns that, at the juncture, the normalization of public services and the consecration of greater justice in their relationship with public employees, they converge in making necessary and imposterable the creation of an auspicious wage recomposition.
That the emerging requirements of article 14 bis of the National Constitution, which establishes as a fundamental principle of labour relations the guarantee of "equal remuneration for equal work", is a principle to which the national Government is pursuing both by complying with its normative source and by intimate conviction.
That, therefore, it is the duty of the organs of the Government to restore the validity of the principle when, by factual or law, the principle is violated.
That the entry into force of the necessary measures to alleviate the most outstanding effects of the above-mentioned situation requires the national executive branch to act on the limits of its powers.
That in this order of ideas, it is essential to have the deletion of those rules that make the wage structure rigid, and for that purpose is provided in Article 4 of this the general derogation of the relevant parties of the rules that determine remunerative benefits to the agents of the State resulting from the application of coefficients or percentages to the amounts of the collections and/or profits and/or surplus of resources, such as, inter alia, Article 1131.
In addition, other rules are in force, which, in an emergency situation such as the present, are intended for purposes, which, although useful, are subordinate to those who are very acuciating to the extent of this measure, especially if, as is the case, they are not completely frustrated, but the extent to which they are satisfied is reduced by a small proportion.
That well-known doctrine of the Supreme Court of Justice of the Nation has admitted the possibility that the State, in situations of economic emergency, will exercise a police power whose application is followed by a restriction of constitutional rights that would not be admissible under ordinary circumstances. While the emergency does not create power, it stops reason, and with it the opportunity for its exercise (falls: 172:21; 243:467 and others).
That, since that power is not omnimimodo (falls: 136:161), it should be noted that the requirements to which the Court has subordinated the validity of that exercise are in the present case. There are, in fact, as noted, circumstances of serious economic disruption in the national civil service, which are integrated into a more general framework of economic hardship; the interest that is pursued is vital to general order and well-being; exceptional regulation is established by its character as imposterable and constitutes a means compatible with the social good that determines its end, without altering, on the other hand, the substance of the rights and guarantees that it modifies.
That the exercise of legislative functions by the national executive branch, when the need becomes present and the urgency justifies it, is supported by the best constitutional doctrine. Thus, Joaquín V. González has said in his "Manual de la Constitución Argentina", "...can the Executive Power, in dictating general regulations or resolutions, invading the legislative sphere, or in exceptional or urgent cases, believe necessary to anticipate the sanction of a Law" (C.f., in the same sense, Bielsa Rafael, "Administrative Law", 1954, T. I, p. 309; Villegas Basavilbaso, Benjamin, "Administrative Law", 1949, T. I, p. 285 et seq., et al.). The jurisprudence of the Supreme Court of Justice of the Nation has also given it acceptance (falls 11:405; 23:257).
That such acceptance is based on the fact that the principle of the division of powers cannot be understood in a sense that has been harmed by the State itself and that it prevents the Executive from providing usefully for the satisfaction of the supreme necessity of the state's life, when the urgency of the procedure does not allow to wait until the approval of the legislative body.
Moreover, article 86, paragraph 1, of the National Constitution, invised the President of the Nation as the Supreme Head of the Nation and was responsible for the general administration of the country.
That in that capacity the President of the Nation must necessarily exercise the necessary and appropriate powers to effectively fulfil these irrenunciable powers.
That, in exceptional circumstances to administer, it may be essential to have measures of those which by their nature exceed those that under normal circumstances are merely administrative.
That the constitutional practice has also established the remedy of this arbitrio, when the circumstances do so, as can be seen, not to mention but some decrees of this century, in which the numbers 1.096 and 1.097 of 17/3/32, 31,864 and 31,865 of 28/11/33 and 642/76 carry.
It is incumbent upon the present decree to be made aware of the H. Congress of the Nation, in order to resolve what it deems relevant.
THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS
RIGHT:Article 1 . Demonstrate, from the date of this decree, in the field of the national executive branch, all provisions that determine the remuneration of the agents of their unit in activity, through the linkage by coefficients, indices or other reference, directly or indirectly, with the salary of the President of the Nation.
Furthermore, the relevant parties to all provisions relating to the remuneration of staff under different pay regimes (Acts Nros) shall, in this area and with equal relevance to that determined in the preceding paragraph. 18.291, 19.373 "S", 20.796, 21.033, 21.965 and its modifications.Art. 2o . Prove, from the date of this decree, article 3 of Decree No. 2.756 of 29 August 1984 and article 1 of Decree No. 275 of 26 February 1986, replaced by article 1 of Decree No. 1.287 of 30 July 1986. Art. 3o El The national executive branch shall, until 31 December 1989, provide for the establishment of total remuneration for the judges, officials and employees of the judicial branch of the Nation within the corresponding budgetary provisions. Art. 4o . Demonstrate, as of 1 December 1986, in the field of agencies belonging to the national administration (central administration, special accounts and decentralized agencies) all those benefits públicosemerging of public funds. perceived by the staff of its unit, which respond to specific percentages or coefficients on collections or arising from the annual distribution of profits or surplus of resources affected for its annual distribution to the individual nature.
The amount accrued in October 1986 in respect of the rules derogated and perceived by the agents involved in the provisions of this article will constitute a new addition called "Article 4 - Decree No. 2.192/86".
As of 1 December 1986, the liquidation of this additional amount shall be equivalent to the maximum amount that has been appropriated to each category during the month of October 1986.
The additional one in question will also be perceived, under the conditions referred to in the preceding paragraph, by agents who have been incorporated or incorporated from 1 November 1986 into agencies that possess such benefits.
The additional payment shall be non-built and shall be subject to contributions and contributions provided for by the provision and assistance laws and the retentions for ordinary trade union quotas, their settlement shall be carried out in accordance with the rules governing the particular for the basic salary and their perception shall be effected in conjunction with the remuneration for each month.
In the event that the liquidation of the benefit takes place once in the year, it shall consist of the twelfth part of what would have corresponded to it in this exercise.Art. 5o El The national executive branch will have the modification of those statutory and/or scaling-up regimes that contain provisions with hierarchy of law that interfere with the decision-making to comply with the wage and structural recomposition that the latter undertakes, framed by the need to complete the administrative rationalization of the national civil service in the orbit of its dependence. Art. 6th . Determine that, once approved the wage recomposition that the national executive branch implements for the staff of its unit not covered by collective labour conventions, and during its validity, no additional supplements or bonuses, remunerative or not, regardless of their characteristics or specificities may be created. Art. 7o . As an exception to article 11 of Act No. 18,881, which is incorporated into Act No. 11.672 (Permanent Budget Complementary), make available to special accounts services and decentralized agencies, which do not receive contributions from the Central Administration and have their own resources, so that, with the prior approval of the Ministry of Finance, they mobilize the cash availability of such resources, by investing them in the national values. Art. 8o . The special accounts services and decentralized agencies referred to in the previous article will place up to ten percent (10 percent) of their own resources, in the values or certificates issued by the national government. The national executive branch establishes the understood entities and the opportunity for such placement. Art. 9th . Be aware of the H. Congress of the Nation in a timely manner. Art. 10. . Communicate, publish, give to the National Directorate of the Official Register and archvese.