NATIONAL PUBLIC ADMINISTRATION
Rationalization of Structures. Non-Permanent Plants. Market deregulation. Privatization. Ministries of Defense and Education and Justice. Institutional strengthening. Improvement of Public Care. Privatization of Non-Essential Services. Technological Modernization of Public Administration. Jerarquización de la Administración Pública Complementary Reducciones de Dotaciones. Administrative control. Labour Reconvention. Privilege judges. General provisions.
Bs. As., 26/11/90
B. O. 28/11/90
VISTO Laws 23,696 and 23.697, Decrees No. 435 of 4 March 1990, 612 of 2 April 1990 and its amendments, Decree No. 1482 of 2 August 1990 and Decree No. 1757 of 5 September 1990, and
That Act No. 23,696 on State Reform has declared in the State of Emergency the provision of public services in the whole area of NATIONAL PUBLIC ADMINISTRATION.
That, on the other hand, Act No. 23,697 of Economic Emergency put the State ' s emergency police in power, in order to overcome the situation of collective danger created by the serious economic and social circumstances, which the Nation has not yet completely overcome.
In this context, NATIONAL ADMINISTRATION (Centralized, Special Accounts and Decentralized Agencies) suffers from serious shortcomings in its administrative organization and in the quality of services it should provide to the community, noting that this is a situation tends to worsen, seriously compromising the provision of basic services, such as health, education and security, among others.
Likewise, the state of administrative disorganization can compromise the economic stabilization programme and constitute an obstacle to productive growth as an immediate step after achieving economic balance.
That in this order of ideas, the deterioration and operational inefficiency of the current administration has reached limits that dangerously affect irrenunciable responsibilities of the State, such as the perception of taxes and fees that sustain the actions of the Public Powers and represent the materialization of the Social Contract.
That all of this should be added a disturbing disregard of the normative provisions of the NATIONAL EXECUTIVE PODER and the authorities that integrate it, which requires in a drastic and immediate way the restoration of administrative responsibility at all levels of the NATIONAL PUBLIC ADMINISTRATION.
In that regard, it should be pointed out in particular that the National Government detected the causes of the current situation and that they respond, among others, to the dimensioning of existing structures, the overlap and excessive normative complexity, the scissuring of the administrative career and the lack of real incentives.
That the circumstances set forth do not leave the National Government any other way than to deepen the efforts made to date in order to address the adoption of emergency solutions, at the limit of their powers, in order to ensure an immediate improvement in administrative organization and operation.
That in this environment, the dictation of measures that mark the end of a period of frustration and decay of the Argentine State and the beginning of a stage of change, signified by a modern mentality in accordance with the principles of the new international context.
That, therefore, the measures envisaged in the present decree are aimed at ensuring a substantial improvement in administrative efficiency and rationality, the decision-making capacity of the Administration, as well as a redimension of its structures and functions.
That the National Government intends to use the savings generated by the proposed measures to strengthen the provision of basic services and hierarchy of the administrative career, taking into account the inevitable social costs involved in such measures.
In addition, the Administrative Reform Programme will enable the reduction of existing interferences affecting the free development of economic activities, which will result in a higher level of collective efficiency.
That according to the above, it is necessary to simplify and reduce the administrative organization and the procedures governing its functioning.
In order to achieve a rapid improvement in educational services and hierarchy to teachers, it is essential to concentrate human resources on strictly educational tasks at the head of students, to promote greater dedication to education, to rationalize bureaucratic administrative tasks, on the understanding that the resulting economies will be turned over to the strengthening of the educational system.
That, by virtue of the state of backwardness and accumulation of procedures relating to the certification of services of teachers in the field of the Ministry of EDUCATION and JUSTICE, it becomes virtually impossible to comply with the provisions of Article 3° "in fine" of Law 23.895, it is essential to circumscribe the determination of the calculation of the monthly retirements, in order to enable the immediate enjoyment of the benefits.
That economic growth and the modernization of the productive apparatus also require the reorganization of scientific-technical agencies and services for the promotion of foreign trade, through the participation of private capital and the renewal of the management modalities of these sectors.
In this regard, the privatization of services, the deregulation of markets and the technological development of PUBLICA ADMINISTRATION are indispensable elements for supporting economic growth and productive revolution.
That the NATIONAL EXECUTIVE PODER is not insensitive to the social costs of the administrative transformation, and therefore it has considered especially an equitable compensation to the agents who voluntarily withdraw and the operationalization of the labour reconvention programme with incentives for the transfer of public personnel to the private enterprise and specific support to lower-income agents.
That it is a firm purpose of the NATIONAL EXECUTIVE PODER to promote the repeal of existing social security legislation, which grants certain State officials the right to avail themselves of regimes that require age or antiquity or contain formulas of determination of having or other rules of different nature than those of the general regime.
Consequently, on 28 February 1990, the NATIONAL EXECUTIVE POWER submitted to the consideration of the HONORABLE CONGRRESS OF NATION a bill inspired by the above-mentioned guidelines.
That until the LEGISLATIVE POWER is pronounced on the subject, and in response to an ethical attitude that must be an example of the conduct to be followed by the highest-ranking officials, it is considered appropriate to require them to assume the commitment not to receive retirement regimes of the nature of those indicated.
That Article 86, paragraph (1) of the NATIONAL CONSTITUTION, instructs the CHAIRMAN of the NATION as the Supreme Head of the Nation and places the overall administration of the country in his office.
That in that capacity the PRESIDENT OF IA NATION should exercise the necessary and appropriate powers to effectively fulfil these irrenunciable powers.
That the NATIONAL EXECUTIVE PODER, in addition to the powers conferred upon it by Article 86 of the NATIONAL CONSTITUTION, may exercise legislative powers when the need is made present and the urgency justifies it, with the support of the best constitutional doctrine and the jurisprudence of the SUPREMA COURT OF NATION JUSTICE.
That, in this regard, it is the intention of the NATIONAL EXECUTIVE PODER to exercise such powers in the cases of Articles 1 (second paragraph) 20, 23, 30, 31 and 79 of this Decree.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1-Please provide the expiry on 31 January 1991 of all organizational structures of permanent staff, regardless of the norm under which they were approved, of the NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies).
In addition, the powers granted by any legal rule to agencies in a position to approve or modify their respective organizational structures, which in accordance with the rules of this decree, shall be approved by the NATIONAL EXECUTIVE PODER.
Art. 2°-The projects of new organizational structures of the Central Administration, Special Accounts and Decentralized Agencies should be developed by the competent Subsecretariats, which will elevate their respective projects to the maximum authority of each Ministerial Jurisdiction or Secretariat of the NATION PRESIDENCE, in accordance with the presentation provided by point 3 of Annex I to Decree No. 1482/90. The latter will be forwarded by 31 January 1991 for approval by the EXECUTIVE COMMITTEE ON ADMINISTRATIVE REFORM, following the intervention of the SECRETARIAT OF THE PUBLIC FUNCTION, their respective projects, which shall include the entire organizational units and dependent agencies. EXECUTIVE COMMITTEE ON ADMINISTRATIVE REFORM it will not give course to projects that do not include all units and agencies within each jurisdiction.
Art. 3°-The jurisdictions which, having submitted their respective projects of organizational structures within the time limits provided for by this decree, have not obtained their final approval shall keep on a provisional basis the missions and functions and the incumbent positions in force at the date of the present. The structures and qualifications of jurisdictions that have not submitted in time and form their respective projects will be designed by the EXECUTIVE COMMITTEE, on the basis of the proposals raised by the SECRETARIAT OF THE PUBLICA FUNTION, in strict compliance with the guidelines provided for in Article 4. Staff of the ministerial jurisdictions and NATIONAL RESIDENCE that have not submitted in time and form their respective projects and structures shall be subject to the application of the existing availability regime or other similar regimes.
Art. 4°-The structure projects should conform to the following guidelines:
(a) In the Central Administration, the number of National or General Directorates performing substantive activities may not exceed the number of THREE (3) by each Undersecretariat. The top of TRES (3) National or General Directorates may be distributed internally according to the needs of each Ministry. In the agencies of the Decentralized Administration or Special Accounts, whatever their legal nature, the number of General or equivalent Directorates shall be reduced by half the number of such units at the date of this decree.
(b) The number of openings below the National Directorate, General or equivalent may not exceed the number of THREE (3) per each, at the direction level, in the whole area of NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies).
(c) In the area of the Central Administration and Special Accounts, administrative activities related to the management of human, financial, material and organizational resources, including the maintenance of premises, vehicles and others, should be grouped into a single Directorate General of Administration by Ministry. The distribution of actions of the aforementioned General Directorate shall be in accordance with the provisions of Annex I, which is part of this decree. In the area of the NATIONAL PRESIDENCE, the aforementioned activities must be ensured by the Administration Directorates in force to the respective Secretariats. Decentralized agencies, irrespective of their legal nature, must group the above-mentioned administrative services into a single Directorate or Subsidiary Body.
(d) The Directorates of Legal Affairs should be merged into a single Directorate-General for Legal Affairs by Ministry or NATION PRESIDENCE.
(e) The number of posts in the substantive units of each ministerial jurisdiction or NATIONAL RESIDENCE (Central Administration and Special Accounts) may not exceed SESENTA and SEIS BY DENSO (66 per cent) of the charges held on the same to 4 March 1990. Decentralized agencies should reduce the number of posts in their substantive units in a CIENTA (40 per cent) for the number of posts occupied as at 4 March 1990. In both cases, it will be computed for the calculation of the reductions in the staff of substantive units produced as a result of the expiration of the non-permanent staff plants ready for 31 December 1990.
(f) The number of positions of the General Directorates, Directions or Subgerences of Administration and of support of the NATIONAL ADMINISTRATION agencies (Central, Special Accounts and Decentralized Agencies) may not exceed the equivalent of the TREINTA and THREE per SCIENTO (33 %) of the number of posts of the substantive units whose administration they secure.
(g) The actions of each National Directorate, General or equivalent organizational unit shall be grouped on the basis of the primary responsibility assigned to it. Within each jurisdiction the primary responsibilities of each unit cannot be overcome or repeated, applying the principle of exclusivity in the exercise of responsibility of each organizational unit. In addition, the primary responsibilities of each unit should be in line with restrictive criteria with the competences of each jurisdiction, in accordance with the Ministry Act.
Art. 5o-They are exempt from the application of the guidelines set out in the previous article;
(a) The hospital and assistance establishments of the MINISTERY OF HEALTH and SOCIAL ACTION, of the NATIONAL UNIVERSITY, of the MAYOR States of the ARMED FORCES and of the ARGENTINA FEDERAL POLICE.
(b) IMPOSITIONAL GENERAL DIRECTION.
(c) NATIONAL ADMINISTRATION OF ADUANAS.
(d) The NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION.
(e) The TRIBUNAL OF NATION ACCENTS.
(f) The General SINDICATURA of PUBLIC COMPANIES.
(g) GOVERNMENTAL ADMINISTRAtors.
(h) The FEDERAL POLICY ARGENTINA.
(i) The FEDERAL PENITENCIARY SERVICE.
(j) STATE INTELIGENCE SECRETARY.
However, the MINISTERY OF HEALTH AND SOCIAL ACTION, the ARGENTINA FEDERAL POLICY, FEDERAL SERVICE AND INTELIGENCE SECRETARY STATE shall comply with the provisions of Article 37 of Decree No. 1757/90.
In addition, the agencies referred to in paragraph (a) of this article shall, within the time of NOVENTA (90) days from the date of this decree, propose the restructuring of their respective hospital and care facilities.
The MAJOR States of the ARMED FORCES and the SAFETY FORCES under the DEFENSA MINISTERium, the educational establishments under the MINISTERY OF EDUCATION AND JUSTICE and the scientific-technical organisms shall apply the specific restructuring guidelines detailed in Chapters IV, V and VI respectively.
Art. 6o-A single working group, between 9 a.m. and 1 p.m. and between 1.30 and 5.30 p.m. in the area of NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies) is exempt from this norm from the educational, hospital and assistance establishments, the ARMED and SAFETY FORCES under the Ministry of Defence, the The single working hours will be effective as of 1 January 1991. Notwithstanding the provisions, up to TEN per SCIENTO (10 %) of the occupied plant may be affected outside that time, for the sole purpose of performing direct assistance tasks to the higher authorities.
Art. 7o-Please refer to the EXECUTIVE COMMITTEE FOR THE CONTRACTION OF THE ADMINISTRATIVE REFORM to provide exceptions to the rationalization guidelines set out in this Chapter. Applications for exception shall be submitted in ANNEX of the draft structures which, despite the request for exception, shall be in accordance with the guidelines set out in this Chapter. Requests for exceptions should give serious credit to the reasons underlying them.
The EXECUTIVE COMMITTEE may also partially approve the proposed structures by deleting those objectives and actions that it considers to be superfluous or unnecessary for public management, or involve inter-jurisdictional overlap of primary responsibilities.
Art. 8o-Please provide the EXECUTIVE COMMITTEE FOR AGAINST THE ADMINISTRATIVE REFORM to encourage the suspension of administrative acts outside the specific competence of the jurisdictions, where there is a overlap of jurisdiction with another jurisdiction.
To this end, the EXECUTIVE COMMITTEE shall provide for the conduct of a re-examination of matters that are resolved by administrative act in each jurisdiction.
NO PERMANENT PLANTS
Art. 9°-Jurisdictions deemed necessary for the maintenance of non-permanent personnel plants beyond the date of their expiry, as set for 31 December 1990, by Decree No. 1757/90, shall submit to the EXECUTIVE COMMITTEE a request for approval of new non-permanent plants.
Approval of non-permanent plants shall be subject to the following guidelines:
(a) Only non-permanent plants will be approved for the implementation of scientific activities - techniques, the development of automated information systems, corresponding to activities of high professional or technical, cultural or seasonal specialization.
(b) Contracts for non-permanent staff shall be consistent with the guidelines, modalities and conditions established by the Executive Committee.
(c) The number of plant charges for the above-mentioned activities may not exceed CINCUENTA BY CIENTO (50 per cent) of non-permanent plant charges occupied as at 31 August 1990 in the same jurisdiction or agency.
(d) Agencies that did not have non-permanent plants as at 31 August 1990 may not request the creation of new plants.
Art. 10.-Within the QUINCE (15) days of the date of the present decree, the EXECUTIVE COMMITTEE OF CONTRALOR OF THE ADMINISTRADVA REFORM shall propose to the NATIONAL EXECUTIVE PODER, a compensatory regime of exceptional characteristics and for this only time, intended to contemplate the situation of non-permanent plant personnel, which, pursuant to the provisions of this decree, ceases on 31 December 1990 and is not to have a previous year.
OF MERCATES PRIVATIZATION
Art. 11. - The ECONOMY SUBSECRETARIA OF THE MINISTERY OF ECONOMY should bring to the Executive Committee within a period of SESENTA (60) days a proposal for the transfer to provinces through agreement, restructuring, privatization and/or the dissolution of the special and decentralized agencies, whatever their legal nature, responsible for the regulation of regional product markets. The preparation of the above-mentioned proposal does not exempt the agencies covered by the submission in time and form of projects of structures in accordance with the guidelines set out in Article 4 of the present decree.
Art. 12. - Define itself subject to privatization in the terms of Article 9 of Law 23.696 to the NATIONAL MARKET OF HACIENDA. The SUBSECRETARIA DE AGRICULTURA, GANADERIA and PESCA of the MINISTERIO DE ECONOMIA shall, within a period of NOVENTA (90) correct days, elevate the proposal to the NACIONAL EXECUTIVE PODER in this regard, including the projects of tenders or bases of the contests. The preparation of the above-mentioned proposal does not exempt the agency from the application in time and form of the guidelines for the rationalization of structures specified in Article 4 of the present decree.
Art. 13. - The SUBSECRETARIA DE AGRICULTURA, GANADERIA and PESCA of the MINISTERIO DE ECONOMIA should elevate the EXECUTIVE COMMITTEE within the Ninth (90) days a comprehensive restructuring project of the NATIONAL BOARD OF CARNES.
Art. 14. - Dissolution of the SUBSECRETARIA COMMUNICATIONS OF THE MINISTERY OF ARTWS AND PUBLIC SERVICES, which will be effective on 1 February 1991. The NATIONAL TELECOMMUNICATIONS COMMISSION assumes from the date of this decree the full powers and functions of the SUBSECRETARIA DE COMMUNICATIONS which are delegated to it by the Ministry of Public Works and Services, taking care of the pending procedures of resolution on the part of it in a transitional manner.
The staff of the above-mentioned Under-Secretary-General shall provide administrative and technical support to the NATIONAL TELECOMMUNICATIONS COMMISSION for the performance of the specific functions of the latter as well as those transferred provisionally.
It also provides for the restructuring of the NATIONAL DIRECTION OF VIALITY. The latter body should upgrade to the Executive Committee within the Ninth (90) days a project that redefines its functions and strength in relation to the privatization policy, by granting the national road network.
In the same vein, on the proposal of the corresponding ministerial jurisdictions and/or the PRESIDENCE OF NATION, the EXECUTIVE COMMITTEE will develop projects to abolish the budget lines of the agencies whose tasks do not conform to the policies of privatization, deregulation, decentralization, deburocratization and freedom of markets. These projects will be forwarded to the HACIENDA SUBSECRETARIA for implementation.
Art. 15. - The MINISTERY OF DEFENSA shall refer to the EXECUTIVE COMMITTEE a draft structure of the MAYOR States of the ARMED FORCES and SECURITY FORCES in replacement of the provisions of Article 4 of this Decree within the time limits established by Article 37 of Decree No. 1757/90. The above-mentioned project should include a reduction in civilian personnel plants from a SCIENTY ACCOUNT (40 per cent) with respect to the number of charges occupied as at 4 March 1990. The non-permanent civilian personnel plant should be reduced by a NOVATE per SCIENTI (90 per cent) compared with that in force as at 31 August 1990. Scientific - technical staff of the non-permanent plant dependent on the MAYOR States of the ARMED FORCES will be subject to the rationalization guidelines set out in Chapter II. The civil teaching staff of the ARMADA FORCES shall be subject to the provisions of Chapter V of this decree, in all that is applicable, including the economies that occur by application of Article 21 of this decree, which shall be destined in equal proportion and with identical purpose to the MINISTERY OF DEFENSA.
MINISTERY OF EDUCATION AND JUSTICE
Art. 16. - Disposed the expiry on 31 December 1990 and prohibited the award from the date mentioned above, of teaching staff services commissions of the Ministry of Education and Justice, with the exception of those aimed at integrating the Classification and Disciplinary Boards. The positions or technical functions - pedagogical that are regularly dealt with through service commissions and whose performance is essential can be covered in this way by positions not exceeding the NOVENTA (90) days run for once a year, not renewable.
It also provides for the expiration on 31 December 1990 of the non-teaching, administrative and teacher service commissions, which in the future may only be granted restrictively by Resolution of the Ministry of Education and Justice and to perform functions within the jurisdiction, since their assignment does not directly or indirectly generate the entry of permanent or non-permanent additional staff of any category or specialty.
Art. 17. - Dispose the expiry on 31 December 1990 and prohibit the award from the date mentioned above of the chair hours allocated for the provision of services other than the dictation of courses in educational establishments except as provided for in Article 22 "in fine", of this decree those assigned by Law 19.514, as amended by Law 22.416 and the plans currently regulated by Ministerial Resolutions 1801/88 The chair hours that are essential for the development of training activities within or outside the scope of the educational establishments will be granted by ministerial resolution in a global manner for each programme or course that is designed, with specification of the duration of the activities and of the total amount of hours of assigned chair, having to have adequate funding.
Art. 18. - Dispose the retirement from 30 November 1990 of the teaching staff at all levels and modalities under the MINISTERY of EDUCATION and JUSTICE, as well as of the non-teaching staff appointed in educational establishments, which has been exceeded in the age and age required for retirement, is at the date of this decree with long-term sick leave or assigned to passive duties.
Art. 19. - Retirement from 31 December 1990, pursuant to Article 24 of Decree No. 435/90, of teaching staff at all levels and modalities under the Ministry of Education and Justice and of non-teaching staff appointed in educational establishments. The exceptions that, for reasons of service it deems necessary to make such a Ministry, shall be made for consideration by the EXECUTIVE COMMITTEE within a period of COUNTRY and CINCO (45) working days from the date of this decree. No exception shall be made for staff who have exhausted the age limit for DOS (2) first stays authorizing Article 53 of Law 18,613 and its modifying and complementary rules.
The EXECUTIVE COMMITTEE shall rule on the exceptions mentioned within the CUARENTA AND CINCO (45) working days from the date of receipt of the proposals of the Ministry.
The NOVATE FOR SCIENTI (90 per cent) of the approved exceptions will expire on 31 December 1991.
Art. 20. - The authorization to remain in the journal category of teachers of the establishments under the Ministry of EDUCATION and Justice that meet the conditions required for ordinary retirement (Article 53 of Law 14.473).
Art. 21. - Authorize the private sector to provide maintenance and cleaning services for educational establishments. The MINISTERY OF EDUCATION AND JUSTICE shall elevate to the EXECUTIVE COMMITTEE within a period not exceeding SESENTA (60) days from the date of this decree a proposal for reorganization of existing functional plants with the exception of teachers in charge of courses, which shall govern from 1 March 1991 to optimize the use of resources and the quality of services. The optimal plants corresponding to each establishment will be determined by the Ministry of EDUCATION and Justice. The Ministry shall report to the Executive Committee on the Control of ADMINISTRATIVE, a detail for the establishment of the occupied plants in force as at 31 October 1990 and those resulting as at 1 March 1991.
Art. 22. - Disposable from 31 December 1990 the modification of the assignment of chair hours in the establishments of the MINISTERY of EDUCATION and JUSTICE, concentrating by teacher in assignments not less than DOCE (12) hours and, as far as possible, in modules of DOCE (12), DIECIOCHO (18), VEINTICUATRO (24), TREINTA (30) and TREINTA Priority and SE Any teacher with the assignment of DOCE (12) hours of chair or more in the same establishment may be assigned up to a maximum of DOS (2) additional hours for the performance of extra-class tasks linked to educational plans, which will not be taken into consideration for the purposes of the current degree hours accumulation regime. This allocation will take effect during the 1991 school year and may be extended only by one (1) year in accordance with the degree of progress experienced by the Secondary Education Transformation Programme.
Art. 23. - Please provide that the hours of chairing which are set aside as a result of the application of Article 24 of Decree No. 435/90 and Articles 18 and 19 of this Decree shall be granted to the staff performing in the same establishments to the maximum extent permitted by the existing rules on incompatibility and in accordance with Article 22 of this Decree. The hours of chair will be covered on an interim basis according to the current modality.
Art. 24. - Contributions to private management education establishments shall be regulated in accordance with the requirements of this decree as appropriate.
Art. 25. - Beginning in the school year of 1991, courses and/or divisions with less than VEINTE (20) pupils in those educational establishments of common and technical secondary education under the MINISTERY OF EDUCATION AND JUSTICE whose average number of pupils per division, excluding the courses and divisions mentioned, is less than TREINTA (30) students, in order to educate with the maximum degree of rationality and economy the coverage of the positions of the 90 The cases in which a single course or division per year and modality is subject to exemption from this provision.
Art. 26.-Savings produced by the application of Article 21 of this Decree shall be allocated in an OCTOBER (80 per cent) to the MINISTERY OF EDUCATION AND JUSTICE for the strengthening of educational management.
Art. 27.-Non-university level establishments under the National Universities shall conform to this Chapter.
Art.28. - Except the National Universities for the measures laid down in this Chapter, except the provisions of Article 26. They shall, within a period of NOVATE (90) days, through the Ministry of EDUCATION and JUSTICE, raise to the consideration of the EXECUTIVE COMMITTEE a programme of rationalization of its administrative and support services that covers a relationship of non-teaching staff occupied as of 4 March 1990 with respect to teaching staff not greater than TREINTA and THREE per SCIENTO (33 %).
Art. 29. - The National Universities will be able to provide the full-time teaching staff, following the intervention of the TECHNICAL COMMISSION ASESORA DE POLITICA SALARIAL DEL SECTOR PUBLICO, a supplementary assignment, in the following conditions:
I) The expenditure derived from the payment of the supplements allocated will be financed exclusively from the resources received by the National Universities for the services they provide.
II) The supplements mentioned may not be implemented if there are no resources for their attention.
III) The perception of the above-mentioned supplements shall be established under the contractual modality for a specified period of time set by the respective Universities, in accordance with the available resources.
IV) For no reason the instrumentation of this supplement may generate any expense to the NATIONAL TESORO.
Art. 30. - Refer to the calculation of the monthly payment for ordinary retirements and the invalidity of the teaching staff of the MINISTERY OF EDUCATION AND JUSTICE to the OCENTA AND DOS FOR SCIENTI (82 %) of the monthly remuneration of the posts and/or hours of chair assigned at the time of the cessation, the application of any other alternative criterion is suspended. In order to integrate such a percentage, it will take into account the fact that the Supplementary Fund has to pay, with the NATIONAL INSTITUTE OF SOCIAL PREVISION covering the difference.
Art.31. - In accordance with Article 4 of Act No. 23,895, the holdings of regular educational retirements, invalidity and pensions of their grantees granted or to grant by application of the Laws in force prior to the said Law, shall be adjusted in accordance with the rules of the Act within the SESENTA (60) working days from the respective application made by all interested parties, if the requirements are met SOCIAL is in a position to respond to the request and to liquidate the readjustment and subsequent mobility; or, if not, since such requirements are met.
Art.32. - The scientific-technical organisms indicated in Annex II of this Decree shall elevate to the EXECUTIVE COMMITTEE within a period of NOVATE (90) days from the date of the present, an alternative proposal to the application of the guidelines regarding the rationalization of its substantive areas contemplated in Article 4. The alternative indicated in the preceding paragraph should be in line with the following principles:
(a) Increasing private financing of projects and activities, including proposals for the modification of the legal character and the management of the organisms, in order to facilitate this objective (conversion to ANONIMAL SOCIEDADES or the STATE, in AUTARQUICOS, FUNDATIONS, etc.).
(b) Revision of research lines and priority orientation of technical and human resources to areas directly linked to the technological strengthening of the productive sector.
(c) Proposal for pay hierarchy of scientific and technical staff funded entirely through the increase of their own funds or contributions from the productive sector.
The proposals should be submitted to the Executive Committee, which, after the intervention of the relevant Subsecretariats, may fully or partially approve the proposals. The rejection of these will involve the comprehensive and immediate application of the guidelines for rationalization set out in Article 4°.
Art. 33. - The IMPOSITIVE GENERAL DIRECTION and the NATIONAL ADMINISTRATION OF ADUANAS should raise the EXECUTIVE COMMITTEE within a time limit of CUARENTA and CINCO (45) days a programme to strengthen its collective capacity that includes:
(a) The detail of the additional staff required for inspection and public attention activities.
(b) The indication of the desired professional and/or training level of staff required for incorporation, as well as the integration schedule.
(c) Need for personnel, equipment and information systems and implementation plan.
(d) The status of ongoing administrative strengthening programmes.
The above-mentioned needs will be addressed as a priority through the transfer of staff made available as a result of the streamlining of administrative structures and the realization of existing bilateral agreements aimed at strengthening.
Art. 34. - The SUBSECRETARIA DE AGRICULTURA, GANADERIA and PESCA of the MINISTERIO DE ECONOMIA should elevate the NATIONAL EXECUTIVE PODER through the EXECUTIVE COMMITTEE a proposal to reorganize and strengthen plant control functions in order to contribute to the improvement of the standards of sanitary quality (residuos), phytosanitary and commercial of the national agricultural production, in special markets. The above-mentioned proposal shall be submitted within NOVENTA (90) days in accordance with the following principles:
(a) Creation of a specialized agency in the control and certification of the sanitary, phytosanitary and commercial quality of plant production.
(b) Financing of the activities of the said agency through the collection of tariffs for all services provided to producers, exporters, importers and third parties.
(c) Integration of the structure of the agency with personnel from priority to other areas of the Public Administration.
Except as required, as stipulated by Decree-Law No. 6698/63, the quality controls carried out by the NATIONAL BOARD OF GREATS, which will extend its counter-lor to the by-products and products derived from the "GRAN".
Art. 35. - The SUBSECRETARIA DE INDUSTRIA AND TRADE OF THE MINISTERY OF ECONOMY should elevate the NATIONAL EXECUTIVE PODER through the EXECUTIVE COMMITTEE, a proposal to reorganize and strengthen the functions related to the definition, execution and control of the foreign trade policy of the Nation. This proposal shall be submitted within the time limit of NOVENTA (90) days from the date of this decree and shall be in accordance with the following principles:
(a) Creation of a specialized agency in the definition, implementation and control of foreign trade policies.
(b) Concentration of foreign trade promotion functions.
(c) Understand the functions inherent in international economic and trade negotiations, whether bilateral, regional or multilateral.
(d) Incorporation of the structures of the Argentine Economic Concierge and Commercial Offices abroad and the Foreign Economic and Commercial Service of the Nation.
Art. 36. - The SECRETARIAT OF THE PUBLIC FUNCTION will, within the CUARENTA AND CINCO (45) days of the date of this decree to the EXECUTIVE COMMITTEE, raise a proposal for the restructuring of the NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION.
The above-mentioned proposal shall be consistent with the following guidelines:
(a) Organization of State training activities, with special emphasis on the training of senior public managers.
(b) Establishment of a Government School.
(c) Creation of a National Training System to implement decentralized training activities at the intermediate and lower levels of the administrative structure and to provide for the creation of a structure not less than that of department in each jurisdiction.
(d) Development of a general system of competitive examinations and evaluation for the selection of staff in NATIONAL PUBLIC ADMINISTRATION.
(e) Design of guidelines for productivity measurement in administrative operation.
BEST OF THE ATTENTION TO THE PUBLIC
Art. 37. - The agencies of the NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies) among whose ongoing and regular activities the attention of the public is counted, shall in the projects of structures that submit pursuant to Chapter I of this decree, identify the aforementioned activities and concentrate them on one or more specialized units, as it is most convenient. The staffing of specialized public service units should be integrated with sufficient staff to ensure smooth management of the procedures and consultations of the user public.
Art. 38. - Officials in charge of these specialized units shall be entirely responsible for the quality of public service services, being their primary responsibility for monitoring by the Results Monitoring Commissions established by Decree No. 1482/90. Any mention of the deterioration of the conditions of care to the public, whether by the prolongation of the waiting periods, the lack of attention, the absence of visible and accessible information for the user public or other lacking in the care of the citizens in public offices that is included by the Results Monitoring Commission, should be obligatoryly incorporated into the service shed of the official responsible for the public care unit.
Art. 39. - Each of the agents that magazines in the public service units must, throughout the working day and without exception, bear in a visible and clear way their name, surname and position in order that the users can in all circumstances identify the agent who attends them. The non-observance of this provision shall be regarded as a serious fault, leading to the immediate suspension without the assets of the agent until the corresponding disciplinary sanction is provided.
Art. 40. - It will be considered as a very serious fault, passive of up to the exoneration of the responsible agent, all treatment towards users that involve incorrigent language, lack of respect or impairment in their rights, being the responsibility of the hierarchical superior to ensure proper treatment to the users. This provision should be displayed in all the premises for the attention of the public in a visible and clear way.
Art. 41.- Public service units should have their own telephone lines in sufficient numbers and exclusively dedicated staff to meet users ' information requirements fluently, in order to avoid movement for information purposes only. The staff responsible for the care of the telephone information service should be identified with their name and surname and able to provide all information concerning the procedures of the agency. The use of telephone lines dedicated to the information service of users for other purposes will be considered a serious offence, resulting in the immediate application of the corresponding disciplinary sanctions. Public service units must report at least twice a year the telephone numbers of their user information services through the publication of them in no less than two national circulation journals, as well as identify the numbers mentioned in the telephone guides of the respective locality.
Art. 42. - NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION OF PRESIDENCE DE LA NATION will periodically organize training and updating cycles for staff of public care units to permanently improve the quality of relations between citizens and administration.
PRIVATIZATION OF SERVICES
Art. 43. - Provision is made for the hiring of private sector companies, the disposal of assets of all NATIONAL ADMINSTRATION agencies (Central, Special Accounts and Decentralized Agencies).
Art. 44. - Provision is made for the hiring of private sector companies of entry-time control services and staff egress from all NATIONAL ADMINISTRATION agencies (Central, Special Accounts and Decentralized Agencies). Contractual services shall be in accordance with the following guidelines:
(a) These services will be implemented through access control systems. The allocation by jurisdiction of technical and economically viable units will be sought for each of the selected companies.
(b) The contracted service shall be comprehensive, with the contracted companies maintaining the control systems mentioned for the purposes of the processing of the settlement of assets and for the verification of compliance with the provisions on working hours provided for in Article 6 of the present decree. The above-mentioned income and income control service should be operational during the first half of 1991.
Art. 45.-The EXECUTIVE COMMITTEE shall, on the proposal of the SECRETARIAT OF THE PUBLIC FUNTION, draft tenders or bases of the contests for the hiring of the services indicated in the previous article within the SESENTA (60) days from the date of this decree.
Art. 46. - Authorize the MINISTERIO DE ECONOMIA to arrange for the hiring of private companies, by public tender, of the technical support services for the valuation and control of the quality of goods of the NATIONAL ADMINISTRATION OF ADUANAS. To that end, the NATIONAL ADMINISTRATION OF ADUANAS should elevate the Executive Committee, through the SUBSECRETARIA DE FINANZAS PUBLICAS, following a feasibility study, a project in this regard.
Art. 47.-Provision is made for the provision of maintenance and cleaning services for public premises and buildings to private sector enterprises. Cooperative enterprises shall have priority in the procurement of the aforementioned services.
TECHNOLOGICAL MODERNIZATION OF PUBLIC ADMINISTRATION
Art. 48.-The Executive Committee, with the assistance of the SUBSECRETARIA OF INFORMATION SYSTEMS OF THE SECRETARIAT OF THE PUBLICA shall, within a period of NOVTA (90) days from the date of this decree, elevate to the NATIONAL EXECUTIVE PODER the software of computer equipment and development of information systems for its application in the field of NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies). The financing of the above-mentioned program must be ensured in priority with concessional or long-term lending in such a way as to avoid further immediate erogations to the National Treasury. The programme should be implemented in the first half of 1991.
Art. 49.-The computer equipment and information systems development programme should be guided by the following objectives:
(a) Coordinate computer resources in accordance with the directives established by the general policies of the Administration.
(b) Ensure that projects are adequately cost-effective.
(c) Relevant and maintain a permanent inventory of the computer resources of the National Administration.
(d) Rationalize the use of the national administration ' s existing computer resources to date.
(e) Standardize the use of logical programming supports and ensure the compatibility and interconnectivity of the equipment.
(f) Ensure effective coordination of the different equipment programmes of the agencies of the National Administration.
(g) Design the principles of an architecture of information systems common to the whole State, which serve as a reference framework for specific developments.
(h) Introduce in all units of NATIONAL ADMINISTRATION the use of automatic data-processing technologies necessary for the improvement of administrative efficiency and management.
(i) Incorporate decision-making support systems, general administration, staff management, budget programming and implementation and office automation in each administrative unit.
(j) Ensure the training of NATIONAL ADMINISTRATION staff.
OF PUBLIC ADMINISTRATION
Art. 50. - Approve the regime of posts with executive functions as Annex III is part of this decree. The aforementioned regime will be applied in the area of NATIONAL ADMINISTRATION (Central, Special Accounts and Decentralized Agencies) and the Official Banking System.
Art. 51. - Only jurisdictions and bodies that, at the discretion of the Executive Committee on the Control of the ADMINISTRATIVE REFORM, have met the goals of rationalization set out in this decree.
Art. 52. - The jurisdictions and bodies covered by the present regime shall elevate to the EXECUTIVE COMMITTEE, in the draft new structures, the charges they consider to be in accordance with the basic criteria for the identification of posts with executive functions contained in Annex III to the present decree.
Art. 53. - The posts with executive functions shall be approved by the EXECUTIVE COMMITTEE with priority given to those posts with responsibilities in: (a) management and administration of resources, (b) implementation of State Reform policies, and (c) The provision of essential services. Provide the Executive Committee with a view to determining the number of posts with executive functions and their level for each jurisdiction and agency.
Art. 54. - Once the structures have been approved, the authorities of each jurisdiction shall proceed to designations in the positions with authorized executive functions, as prescribed by Annex III.
Art. 55. - Please provide the Executive Committee with a view to suspending the application of the present regime in respect of posts with executive functions which, in its sole opinion, will cease to conform to the criteria contained in Annex III.
Art. 56. - The NATIONAL EXECUTIVE POWER shall periodically set the values corresponding to each of the levels of the supplement by non-remunerative and non-refundable executive function provided for in Annex III to the present decree.
Please note that those posts which, by decision, the EXECUTIVE COMMITTEE, are included in the terms of office with executive functions, will be deemed to be functionally redefined and revalued.
On the basis of this circumstance, it is established that the supplement for executive functions corresponding to each of the charges in accordance with the assessment to be determined shall in no way authorize the modification of the retirement or retirement of those who, having been holders of the same or similar denomination, enjoy, prior to the date of this decree of a provisional benefit. The provisions will govern whatever the current status of those designated to occupy those posts.
Art. 57. - Within the Ninth (90) days of the date of the present decree, the SECRETARIAT OF THE PUBLIC FUNTION shall raise to the consideration of the EXECUTIVE COMMITTEE a new scale project for the personnel of the NATIONAL ADMINISTRATION aimed at renewing the personnel policy of the administration and hierarchizing the role of public servants. The project should be designed in accordance with the following objectives:
(a) Modernizing and professionalizing public service.
(b) To hierarchize the work of staff members.
(c) Introduce modern management technologies.
(d) Privileged training, merit, competitions and productivity as the foundations for the promotion and hierarchization of public actors.
Art. 58. - Within the time frames provided for in the preceding article, the SECRETARIAT OF THE PUBLIC FUNCTION, through the EXECUTIVE COMMITTEE, should raise to the consideration of the NATIONAL EXECUTIVE PODER, a new regime of configuration of administrative structures based on the valuation of the posts of the Administration, to be applied together with the scale established in the previous article.
In addition, the NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION, through the Executive Committee, within the Ninth (90) days of the date of this decree, shall raise to the NATIONAL EXECUTIVE PODER a training programme for staff remaining in the NATIONAL ADMINISTRATION. This programme will include the identification of sources of financing and public and private enforcement agencies, national and international, and will have to start implementation during the first half of 1991.
Art. 59. - Distinct the THREE FOR MIL of the value of the salary mass of the PUBLIC ADMINISTRATION staff (Centralized Organizations, Decentralized Special Accounts) in order to finance by the end of DOS (2) years the training programmes for staff remaining in NATIONAL ADMINISTRATION. To this end, the NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION will elevate these programmes to the EXECUTIVE COMMITTEE with its corresponding budgeting.
These resources will be allocated to the financing of teaching hours, infrastructure and research and will be administered by the National Institute of PUBLIC ADMINISTRATION.
COMPLEMENTARY REDUCTIONS OF DOTATIONS
Art. 60. - Print within the hourly working group of the NATIONAL ADMINISTRATION, provided for in Article 6 of this decree, the reduced working day of CUATRO (4) hours.
The event will be held from 9 a.m. to 1 p.m. or from 13.30 to 17.30 p.m.
Art. 61. - Staff performing in their reduced-time work shall receive the remuneration corresponding to such hours in accordance with the respective pay system, or, failing that, the SESENTA BY CIENTO (60 %) of the monthly, normal, regular, regular and permanent remuneration that would have been due to him to perform the normal working day. The family allowance will continue to be settled in the amounts and forms established by the legislation in force.
Art. 62. - Only agents who do not carry out responsibilities over others may apply to this regime.
Art. 63. - Establish the transitional voluntary retirement regime for the staff of the agencies covered by Article 1 of this Decree, excluding:
(a) Teaching staff and staff of the Foreign Service.
(b) Military personnel of the ARMED and SECURITY Forces under the Ministry of Defence.
(c) Staff of the ARGENTINA FEDERAL POLICY, the FEDERAL SERVICE and the STATE INTELIGENCE SECRETARIAT.
(d) staff who review in the categories VEINTITRES (23) and VEINTICUATRO (24) of the scale adopted by Decree No. 1428/73 or equivalent in other scale-up regimes.
(e) University professional staff.
(f) Staff included in the provisions contained in Articles 24 and 25 of Decree No. 435/90 and its amendments, and which until 2 April 1992 was in a position to obtain their retirement from the maximum required ends.
(g) Retirement staff.
(h) staff who are in the use of a licence without possessions or for long treatment conditions or injuries.
(i) staff who are subject to criminal or administrative proceedings.
Art. 64. - The amount provided for in Article 14 of the Regulation of Article 47 of the Basic Legal Regime of Public Service - Law 22.140 - approved by Decree No. 2043 of 23 September 1980 and replaced by Article 51 of Decree No. 1757/90. This amount will be increased in an OCHENTA BY CIENTO (80 %), which will be liquidated in DOCE (12) equal and consecutive monthly contributions.
Art. 65. - Staff involved in the voluntary retirement regime may not re-enter NATIONAL PUBLIC ADMINISTRATION until after CINCO (5) years of the date of this decree.
Art. 66. - The administrative services of each jurisdiction or agency shall open within five (5) days of the date of the present decree a record of requests for voluntary withdrawal and for placement in the reduced working system, in which they shall state the status of the agent's magazine, the position and the tasks assigned.
The aforementioned registry shall remain open during TREINTA (30) days after the date of this decree; no new applications shall be allowed after this period.
Art. 67. - The maximum authorities of each jurisdiction or agency shall proceed or reject applications for acceptance of the reduced-time and voluntary retirement regime, following a report of the National Directors, Generals or equivalents on which the applicants depend, within the TREINTA (30) days after the closure of the application registration. If not pronounced, they shall be deemed accepted. In addition, they should refer to the EXECUTIVE COMMITTEE the payrolls of the personnel involved as they occur.
Art. 68.-Within the SESENTA (60) days of the date of the present decree, the SECRETARIAT OF THE PUBLIC OF THE PRESIDENCE OF NATION shall raise to the NATIONAL EXECUTIVE PODER a project through the EXECUTIVE COMMITTEE, aimed at:
(a) To coordinate the tasks of the Result Oversight Commissions established by Article 11 of Decree No. 1482/90.
(b) To receive complaints concerning administrative irregularities, the quality of public service services and corruption of public officials; and
(c) Designate venettors in the jurisdictions and agencies of NATIONAL ADMINISTRATION.
Art. 69.-The EXECUTIVE COMMITTEE shall, within a period of SESENTA (60) days of the date of publication of the present decree, submit to the NATIONAL EXECUTIVE PODER a Programme of Labour Reconversion for the agents in the availability of NATIONAL ADMINISTRATION. The Programme should contain the identification of sources of financing and public and private, national and international agencies and agencies. Its formulation will have to ensure the degree of feasibility necessary to ensure its viability, and its implementation should be initiated during the first half of 1991.
Art. 70.-The Programme shall ensure the granting of an additional contribution to the agent provided for in the regulations governing termination of employment in the public sector. This contribution will be primarily aimed at the lower income categories, in order to pay for retraining or to invest in capital with which to undertake another activity.
Art. 71.-The Programme should include the development of training courses that will be run only by public sector agencies.
The courses will be aimed at the professional training of available agents, and will be geared to the qualification in new modern technologies and work processes as well as the development of business activities and techniques.
Art. 72.-As an integral part of the Programme, the EXECUTIVE COMMITTEE will promote the formation of a Commission of Private Enterprises and Trade Associations aimed at identifying employment opportunities in the private sector, for the channelling of agents in public sector availability. The Commission will aim, among others, to encourage companies to incorporate ex-public agents into their agendas. The Commission may support the NATIONAL SERVICE OF WORKING MINISTERY AND SECOND SOCIAL as well as hiring private services to promote the location of workers with an appropriate professional qualification.
Art. 73.-MINISTERY OF WORK AND SECURITY SOCIAL shall elevate to the NATIONAL EXECUTIVE PODER, within the QUINCE ( 15) days from the date of this decree a draft regime of "Determined Time Labour Contract" for the agents of the NATIONAL PUBLIC ADMINISTRATION that is affected by the administrative rationalization measures contemplated in the present. The aforementioned regime will be incorporated into the National Employment Bill in Treatment at the HONORABLE SENADO DE LA NATION.
The EXECUTIVE COMMITTEE shall establish, as an integral part of the Programme, the modality under which the State may take over the social burdens of workers who are recruited under the special regime, for a period of DIECIOCHO (18) months from the cessation of services.
During the period between the cessation of public employment and the reinsertion of employment, the former - public agents will continue to enjoy, without charge, the benefit of the respective social work, for a period not greater than DOS (2) years after the cessation.
Art. 74.-Except as provided for in Article 43 of Decree No. 1757/90 and the provisions of the present decree, disabled personnel and former Falkland Islands combatants serving in the agencies covered by the above-mentioned rules, except for those particular cases that wish to benefit from the benefits established therein.
Art. 75. - The Ministers, Secretaries and Assistant Secretaries of the NATIONAL PRESIDENCE and Assistant Secretaries of the Ministries, as well as the political authorities of equivalent rank and those other officials who are extra-curricular in the capacity of higher authorities of Agencies and of Companies and Societies of the State, shall assume within the TEN (10) days of the inauguration of their functions, or of the entry into force of this decree those who are no longer exercising the formal functions.
Without prejudice to the provisions of the preceding paragraph, those who are entitled to a benefit from any other regime, whether retirement, retirement, pension or ex gratia pension, shall suspend their receipt, during the time of the charges mentioned in this article, except when this performance is "ad honorem".
Art. 76.-Within the QUINCE (15) days from the date of the present decree, in the Ministries and Secretariats of the NATIONAL PRESIDENCE, an ADMINISTRATIVE REFORM COMMISSION will be formed, chaired by the Assistant Secretary of the specific area and with direct dependence on the respective Ministers or Secretaries of the NATION PRESIDENCE, whose objective will be the implementation of the present decree NATION. 435/90 and 1757/90 and their modifications. The Commission shall have the following functions:
(a) Ensure compliance with the provisions referred to within their respective Ministerial Jurisdictions and Secretariats of the NATIONAL PRESIDENCE.
(b) To exercise the responsibility of institutional counterpart to the Executive Committee and to become the direct representative of the latter within its particular scope.
(c) Coordinate actions that correspond to the implementation of the above-mentioned rules in the Special Accounts and Decentralized Agencies of the respective Ministerial and Secretariat jurisdictions to the NATIONAL PRESIDENCE.
Art. 77.-The commission referred to in the previous article should be integrated with no more than three (3) officials at the level of National Director, General or equivalent, and the same shall not matter any additional budgetary expenditure.
The emerging provisions of Articles 54 and 116 of Decree No. 1757/90 shall also apply in the case of the reference commission.
Art. 78.-For the purposes of the interpretation of the articles contained in Chapter V, within the QUINCE (15) working days from the date of this decree, a commission consisting of CUATRO (4) representatives of the Ministry of Education and Justice and CUATRO (4) of the Executive Committee shall be established.
Art. 79.-Disposal of the suspension of full rights, from the date of the present and until the adoption of labour regimes, of the general or particular rules that affect labour mobility and flexibility within the organizational structures of the different jurisdictions, in order to facilitate the redeployment of human resources to the priority activities of public management.
Art. 80.-The EXECUTIVE COMMITTEE FOR AGAINST THE ADMINISTRATIVE REFORM shall be the authority of application and shall issue the regulations and rules of interpretation of this decree, expressly empowering the exceptions it deems necessary. The EXECUTIVE COMMITTEE may also assign or make available to the jurisdictions as required by the technical staff it deems necessary in order to support the implementation of the reform measures provided by this decree with this objective. The SECRETARIAT OF THE PUBLICA FUNTION shall assign staff under Decree No. 2098/87 for the execution of the mandated or required tasks.
Art. 81.- Without prejudice to the application of the disciplinary sanctions provided for in Article 116 of Decree No. 1757/90 in the event of non-observance of the rules of the present decree, the TRIBUNAL OF NATIONAL ACCENTS shall not proceed with the liquidation of assets for the month of February 1991 and subsequent, of the superior personnel responsible for the implementation of the provisions provided for in Chapters I, II, IV and V of the present Decree, to the extent possible Such compliance shall be communicated to the NATIONAL TRIBUNAL by the EXECUTIVE COMMITTEE ON ADMINISTRATIVE REFORM.
In cases of agencies that are not subject to prior control of the TRIBUNAL OF NATIONAL ACCOUNTS, whatever their nature, the responsibility of not giving way to the liquidation of assets shall be entrusted to the maximum authority of each of them.
The transgression to the above will entail intentional non-compliance with legal orders and its sole probation will motivate the exoneration of the offender.
Art. 82.-Default any rules or provisions that are contrary to those of this decree.
Art. 83.-The provisions of this decree contained in Chapters I, II, V, VII, VIII, XI, XIII, XIV and XV thereof shall be mandatory for the MUNICIPALITY OF THE CITY OF GOOD AIRES. To that end, the MUNICIPAL EXECUTIVE DEPARTMENT before 31 January 1991 shall make known the relevant regulations that are issued in compliance with such provisions.
Art. 84.- Invite the legislative and judicial authorities of the NATION and the public authorities and the municipal courts to adopt administrative measures similar to those provided for in the present decree.
Art. 85.- This decree shall enter into force on the day of its publication, in the Official Gazette.
Art. 86.- Note the HONORABLE CONGRESS OF NATION.
Art. 87.-Communicate, publish, give to the National Directorate of the Official Register and archvese. -MENEM .- July I. Mera Figueroa. - José R. Dromi. - Humberto Romero. - Domingo F. Cavallo. - Alberto J. Triaca. - Antonio F. Salonia. - Alberto A. Kohan. - Antonio E. González.
GENERAL DIRECTION OF ADMINISTRACY
PROGRAMME DIRECTION AND BUDGET COMMITMENT
DIRECTION OF PATRIMONY AND SUMINISTERS
DIRECTION OF TECHNICAL AND ADMINISTRATIVE SERVICES
- organization and methods
Technical Cooperation Organization
National Institute for Agricultural Technology (INTA)
NATIONAL INSTITUTE OF INDUSTRIAL TECHNOLOGY (INTI)
NATIONAL INVESTIGATION AND DEVELOPMENT INVESTIGATION (INIDEP)
NATIONAL INSTITUTE OF SISMIC PREVENEIDN (INPRES)
NATIONAL INSTITUTE OF HIDRICAL SCIENCE AND TECHNIQUE (INCYTH)
NATIONAL COUNCIL OF TECHNICAL INVESTIGATIONS (CONICET)
NATIONAL DIRECTION OF ANTARTIC
INSTITUTE OF TECHNICAL CIENTIFIC INVESTIGATIONS OF ARMED FORCES (CITEFA)
NATIONAL COMMISSION ON ATOMIC ENERGY (CONEA)
REGIME OF CHARGE WITH EXECUTIVE FUNCTIONS
I - Objectives
This regime is aimed at:
(a) Identifying the posts with executive foundations of NATIONAL ADMINISTRATION, which, because of their responsibilities, contribute decisively to the management of public policies.
(b) Establish a system of incentives to attract more qualified human resources to hold posts with executive functions.
(e) To give the posts of greater responsibility for a managerial capacity that allows to dynamize the processes of change in the NATIONAL ADMINISTRATION.
II - Identification.
They may be proposed for identification as posts with executive functions, those charges that assume:
(a) The exercise of executive responsibilities on the overall management of budgetary or extrabudgetary public resources of organizations or groups of complex and differentiated areas.
(b) The exercise of responsibilities on the overall planning of public organizations ' policy.
(c) Advice on topics of high technical complexity in support of political decision-making bodies.
(d) Coordination of specific projects of high public interest, in complex technical areas.
The posts with executive functions shall be classified at four levels:
- Level A: positions with responsibility for the conduct of large organizations or key sectors of public policies, provided that they have a high degree of autonomy with respect to the allocation of resources and/or on the planning of leadership or advice in matters of high technical complexity and involve an irreplaceable body of support for political decision.
- Level B: positions with responsibility for the conduct of organizations with less influence in the development and implementation of public policies, when they include a relative degree of autonomy in the decision regarding the designation of resources and/or on planning, conducting or advising in matters of less technical complexity and constitute or do not support the decision.
- Level C: positions with responsibility in the coordination of specific projects or on the implementation or advice of less technical complexity, without linking with the political decision-making body.
Level D: positions with responsibilities in the implementation of objectives assigned to specialized areas and of high technical complexity.
IV - Income requirements.
The posts with executive functions may be filled with staff of the centralized, decentralized, or non-centralized NATIONAL PUBLIC ADMINISTRATION, provided that they meet the access requirements established by the EXECUTIVE COMMITTEE, on the basis of the proposal that the SECRETARIAT OF THE PUBLIC FUNTION should be prepared with the collaboration of the NATIONAL INSTITUT OF PUBLIC ADMINISTATION.
V - Stability.
When the posts with an executive function are filled with persons outside the NATIONAL PUBLIC ADMINISTRATION, a vacancy of the highest level of the existing Scalphonary regime in the respective agency shall be automatically created in the respective organizational unit, for that purpose, which shall be deemed to be abolished upon the termination of its functions by the agent occupying it.
For the purposes of the acquisition of stability in the category established in accordance with the provisions of the preceding paragraph and as an additional condition to satisfy in the terms of Article 10 of the regulation of the Basic Legal Regime of the Public Service approved by Decree No. 1797/80, an effective performance in the executive functions of THREE (3) years after its designation in the position with executive function shall be credited.
In no case, whether it is staff of the Administration or outside the Administration, there shall be stability in the position with an executive function, in which it may be terminated by a decision of the authority of the agency to which the agent may designate, or by deletion of the position with an executive function.
The members of the body of Governmental Administrators under the SECRETARIAT OF THE PUBLICA FUNCION shall exercise leadership functions, senior-level coordinator, planning, organization and advice, as provided for in Decree No. 2098/87.
The EXECUTIVE COMMITTEE ON ADMINISTRATIVE REFORM shall provide for the appropriateness of Governmental Administrators at the levels determined by title III of the present annex.
Such officials shall retain their journal status and specificity as provided for in Decree No. 2098/87.
VI. Supplement by executive function.
Staff serving in executive positions shall receive an executive function supplement in an amount to be determined at each level in accordance with Article 56.