Key Benefits:
Bs. As., 12/5/94
VISTO the provisions of Law 23,696, Decrees 3413 of 28 December 1979, 2098 of 30 December 1987, 1757 of 5 September 1990, 2476 of 26 November 1990, 993 of 27 May 1991, 2129 of 10 October 1991, 2804 of 30 December 1991, 1512 of 24 August 1992, 2807 of 29 December 1992, 1669 of 9 August 1993,
CONSIDERING:
In the process of transforming NATIONAL ADMINISTRATION, it is necessary to promote the entry, stay and development of highly trained personnel to strengthen and improve the performance of the State ' s indelible functions and services.
That it is necessary to create within the NATIONAL SYSTEM of the ADMINISTRATIVE PROFESION, instituted by Decree No. 993/91 a Specialized Group in which the administrative career of the agents whose higher vocational training constitutes the requirement for the fulfilment of high complexity responsibilities.
That, in that regard, it should be ensured that such personnel have the qualities that enable them to fulfil in a manner appropriate to the real needs of the service from the moment of their incorporation.
That, subsequently, the driving measures should be taken to produce the effective and gradual development of professionals until reaching the highest levels of capacity.
That, to do so, it is appropriate to regulate mechanisms to achieve an increasing effectiveness of professional staff in the performance of their tasks.
That the institution of the Specialized Group should be complemented by the creation of a PROFESSIONAL PROFESSIONAL AVANZADA PROFESSIONAL SPECIALIZATION PROFESSIONAL PROFESSIONAL AGENDA, with the necessary resources to enable the jurisdictions and entities of the NATIONAL ADMINISRATION to promote the training of professional staff for the best performance of high responsibility tasks.
A Supplement for the Specific Function for the Specialized Group and for the professional and technical staff of the Organizational Units that develop or are responsible for policies, systems and regimes applicable to the entire NATIONAL ADMINISTRATION for other units that respond to them functionally, within the scope of the NATIONAL SYSTEM OF THE ADMINISTRATIVE PROF.
That the staff covered by Decree No. 2098/87 has been working closely throughout the process of transforming the State, and it is therefore necessary to strengthen its administrative career and institutional development to contribute to a better implementation of the new substantive policies implemented by the SECRETARIAT OF THE PUBLICA FUNTION.
That therefore, it is necessary to adapt the paid criteria applied to the staff members of the Government Administrators Corps and those seeking to enter it, with the salary levels of the staff of the NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESSSION (SINAPA), in general and those who hold executive functions of that scale in particular.
That also, and under Article 18, Chapter V, Annex II, Decree No. 2098/87, it is necessary to establish the basic salary of class B of the said scaffolding.
That it is necessary to adapt the levels of income of officials involved in the Nros Decrees. 2129 of 10 October 1991 and 1512 of 24 August 1992.
That the STANDING COMMITTEE OF THE NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESSIONAL AND THE TECHNICAL COMMISSION OF THE SECTRAR PUBLICO have taken the intervention they have had.
That the present measure is determined in the use of the powers conferred by article 86 (1) and (2) of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
CHAPTER I
CREATION OF THE SPECIALIZED AGREEMENT
Article 1 el Replace Article 1 of Annex I to Decree No. 993/91 with the following:"ARTICULO 1o . This National System consists of TRES (3) groupings called General, Scientific-Technical and Specialized. "
Art. 2o , Enter Title II of Annex I to Decree No. 993/91, the following:"CAPITULE III
SPECIALIZED AGREEMENT
ARTICLE 14 BIS . Understands professional functions of advice, formulation or management of substantive, high-specialization policies in specific areas of state management.
It encompasses DOS (2) levels, nominated in descending order of "A" to "B".
ARTICLE 14 TER : The levels are:
Level A:
It corresponds to functions of planning, advice, organization, direction or control in highly specialized organizational units and professional functions, of utmost relevance and complexity, which involve participation in the formulation, proposal or management of substantive and specific policies, in the field of the political, social and economic responsibilities of the State.
It assumes responsibility for the implementation of objectives subject to comprehensive policy and policy or technical frameworks of the performance sector, with a delegation of maximum autonomy within the assigned competence.
It requires highly specialized training for the function.
This level includes OCHO (8) degrees.
LEVEL B:
It corresponds to functions of planning, advice, organization, direction or control in organizational units and professional or technical functions, of high complexity, which involve the formulation and development of substantive plans and projects, in the field of the political, social and economic responsibilities of the State.
It assumes responsibility for the implementation of objectives subject to specific policies and broad policy or technical frameworks in the performance sector, with autonomy for decision-making within the assigned competence.
It requires specialized training for function.
This level includes NUEVE (9) degrees.
ARTICLE 14 QUATER O The minimum requirements for access to each scale level, without prejudice to those established for different functions, are as follows:
Level A:
(a) Age: TREINTA (30) years.
(b) University degree entrusts the functions to be developed recognized by the MINISTERY OF CULTURE AND EDUCATION OF NATION, in careers corresponding to curricula of duration not less than CINCO (5) years.
(c) Postgraduate studies, not less than DOS (2) years, in university institutions or national or international organizations of recognized prestige, or a second university degree in the same conditions as set out in the preceding paragraph.
(d) Work experience specifically related to speciality, both in executive and advisory positions of relevance, in the country or abroad, not less than CINCO (5) years.
(e) Featured intellectual merits checked by the selection body.
(f) Foreign language domain applicable in the development of tasks.
Level B:
(a) Age: VEINTICINCO (25) years.
(b) University degree entrusts the functions to be developed recognized by the MINISTERY OF CULTURE AND EDUCATION OF NATION, in careers corresponding to curricula of duration not less than CINCO (5) years.
(c) Postgraduate studies, not less than DOS (2) years, in university institutions or national or international organizations of recognized prestige, or a second university degree in the same conditions as set out in the preceding paragraph.
(d) Relevant work experience, not less than DOS (2) years.
(e) Foreign language domain applicable to tasks to be developed. "
Art. 3o : Replace Article 13 of Decree No. 1669/93 with the following:"Substitute Article 18 of Annex I to Decree No. 993/91, as amended by Decree No. 2807/92, for the following:
(a) GENERAL:
All agents belonging to the National, Provincial or Municipal ADMINISTRATION may participate. Agents belonging to non-permanent plants of contracted and temporary personnel may also participate in the Jurisdiction where the vacancy should be filled and the conditions required.
This system will be used to cover Levels A, B, D, E; it will also apply to Level C where no university or tertiary degree is required.
Vacancies released by agents belonging to NATIONAL ADMINISTRATION shall be considered to be funded and in a position to convene selection for coverage.
(b) BODY:
All applicants from the public and private spheres may participate in the conditions required. This system will be applied for the coverage of Level C in which a university or tertiary qualification is required, for that of level F, for the admission to the Specialized Group and when the general selection has been declared totally or partially desolate.
In all cases, preference shall be given to the NATIONAL ADMINISTRATION agent.
Where applicants to enter the specialized grouping are required to carry out specific training activities, for which they have been selected, including or not in the PROFESSIONAL SPECIALIZATION PROGRAMME AVANZADA, created by Article 56 QUATER of this Annex, shall be implemented a transitional assignment of functions superior to those that enjoy stability and should approve the above-mentioned activities. If the applicant reviews on the same level as he aspires, he will be granted a special license with the enjoyment of assets, which cannot be denied. In the event of article 50 of the Basic Legal Regime of the Public Service, a temporary designation will be implemented.
The assignments of higher functions or special licenses set out in this article shall be automatically terminated when the agent completes the activities referred to in this article. In case of disapproval, it will be described as "DEFICENT" in the performance evaluation of that year or its equivalent in the legal regime that frames it.
Postulants to the vacancy coverage of the Specialized Group that should approve specific training activities that are members of the selection process, and which are not in the NATIONAL ADMINISTRATION shall be designated in Transitional Plants enabled for this purpose. "
Art. 4o : Incorporate as the last paragraph of Article 56 of Annex I to Decree No. 993/91 the following:"The determination of the specific training requirements of the personnel of the Specialized Group will be carried out by Joint Resolution of the Secretary of the Public Service of the NATIONAL PRESIDENCE and of the Minister of Jurisdiction, Secretary of the Presidency of the Nation, or maximum authority of the entity of seat of this staff, as appropriate, with the intervention of the NATIONAL INSTITUT OF PUBLIC ADMINISTRATION. Such superior and specific training may be developed in public or private institutions of the country or abroad and may be considered appropriate by the aforementioned authorities. "
CHAPTER II
OF THE
Art. 5o : Incorporate as Article 56 BIS of Annex I to Decree No. 993/91 the following:"ARTICULO 56 BIS La The competent authority for the designation of staff in each jurisdiction or entity within the NATIONAL SYSTEM of the ADMINISTRATIVE PROFESION, may appoint a Professional Staff Training Tutor with the following responsibilities:
(a) Evaluate the development potential of staff with recognized university degree, corresponding to study plans not less than CINCO (5) years;
(b) Recommend training or upgrading institutions and activities for such staff;
“(c) To guide and track the administrative career of professional staff and of the Specialized Group;”
"d) Maintain link with the NATIONAL INSTITUTE OF PUBLIC ADMINISTRATION for the effects related to its competence. "
"The Tutor will be integrated into the human resources and organization units created by Decree No. 1669/93, and will participate in the Jurisdictional Delegation of the Standing Committee on Careers in matters falling within its competence. "
Art. 6th . Incorporate as Article 56 TER of Annex I to Decree No. 993/91 the following:"ARTICULO 56 TER la Créase la Comisión de Tutores de la formación del Personal Profesional del SISTEMA NACIONAL DE LA PROFESION ADMINISTRATIVA presided by the Secretary of the Public Function of the NATIONAL PRESIDENCE, and by the President of the NATIONAL INSTITUTE OF ADMINISTRATION PUBLICA as Vice-President, and composed of the tutors appointed in the various jurisdictions and entities mentioned in the previous article, and a representative of the Standing Committee on Race of the said System. "
"He will have to advise on:
(a) Policies to improve levels of development and development for members of the Specialized and Professional Group;
(b) The implementation of such policies;
(c) criteria for recognition of equivalencies and credits for training and training courses to be approved by the National Institute of PUBLIC ADMINISTRATION. "
CHAPTER III
PROFESSIONAL ADVISORY PROFESSIONAL AGENDA
Art. 7o : Incorporate as Article 56 QUATER of Annex I to Decree No. 993/91 the following:"ARTICULO 56 QUATER . Créase the PROFESSIONAL AVANZADA PROFESSIONAL SPECIALIZATION PROFESSIONAL PROFESSIONAL PROFESSIONAL AGENDA, which will manage and/or finance the assistance of further development or training in areas, topics or disciplines of specific interest of NATIONAL PUBLIC ADMINISTRATION, developed in the country or abroad. "
"The BECAS PROGRAMME FOR PROFESSIONAL SPECIALIZATION AVANZADA will be assigned to the agents in the NATIONAL SYSTEM of the ADMINISTRATIVE PROFESSIONAL that possess a university degree corresponding to the curricula of duration not less than CINCO (5) years recognized by the MINISTERY of CULTURE AND EDUCATION of NATION and an adequate development potential. "
"Training activities may take a maximum duration of DOS (2) years."
"The holder of each jurisdiction or entity and the NATIONAL INSTITUTE OF ADMINISTRATION PUBLICA will approve the activities and choice of the institution where the agent will conduct his training program. "
CHAPTER IV
RETRIBUTIONS
Art. 8o , Replace Article 65 of Annex I to Decree No. 993/91 with the following:"The Supplement for Specific Function shall be paid to the staff of the Scientific-Technical, Specialized Units, to the staff of the General Group that performs functions of a computer nature, as well as to the professional and technical staff of the Organizational Units that are responsible for determining general policies, designing, interpreting or directing systems or regimes intended to be applied in the units of the NACIONAL ADMINISTRATION as a whole, advising and executing and implementing them. "
"Assimism will be liquidated to agents who carry out their own specialties functions for whose performance is particularly critical of recruiting staff on the labour market."
"The payrolls of the counts included shall be included in the nomenclators of the Specific Functions that shall be approved by joint resolution of the Secretaries of the PUBLIC FUNCION of the NATIONAL PRESIDENCE and of HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, at the proposal of the highest authority of the previous "
"Nomenclators mentioned in the preceding paragraph shall establish the percentages corresponding to each of the functions involved."
"The Supplement for Specific Function shall consist of a sum between the WHOLE FOR SCIENTY (15 %) and the SETENTE FOR SCIENTI (70 %) of the basic allocation of the level at which each agent is reviewing. "
"The Jurisdictional Delegations of the STANDING COMMISSION OF THE NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESSMENT shall draw up the list of the agents proposed for the allocation of the related supplement, indicating the percentage corresponding to each of them and certifying that the functions performed are directly related to the purposes defined in the last part of the first paragraph of Article 653/91. "
"The holder of each of the jurisdictions or entities, in accordance with the PERMANENT MISSION OF THE SYSTEM OF THE ADMINISTRATIVE PROFESSIONAL, shall approve the staff payroll that will receive the supplement for the Specific Function in the organisms mentioned in Article 65 TER, starting from the following month of the aforementioned approval. "
Art. 9th The Supplement for the Specific Function of the General Group referred to in the last part of the first paragraph of Article 65 of Annex I to Decree No. 993/91 shall be paid to the professional and technical staff of the Organizational Units belonging to the NATIONAL INSTITUTE OF THE PUBLIC ADMINISTRATION; to the LEGAL AND TECHNOLOGICAL SECRETARIATCHAPTER V
OF GOVERNMENTAL ADMINISTRAtors
Art. 10. ". Please note in accordance with article 18 of the Scalephon approved by Decree No. 2098/87 as the basic salary of Level C, Grade 1, the sum of MIL DOSCIENTS PESOS ($ 1.250,00)". (Article replaced by Article 5 of the Decree No. 846/1994 B.O. 23/6/1994) Art. 11. ". Note in accordance with article 18 of the Scalephon approved by Decree No. 2098/87 as the basic salary of Level B, Grade 1, the sum of MIL SETECIENTS B AND CINCO PESOS ($ 1.745,00)". (Article replaced by Article 6 of the Decree No. 846/1994 B.O. 23/6/1994) Art. 12. el Replace Article 25 of Chapter V of Annex II to Decree No. 2098/87, established by Article 3 of Decree No. 2804/91, with the following:"ARTICULO 25. . The addition by Functional Dedication constitutes the reimbursement of the greatest expenses that originates the performance of the function, not being computed, therefore, for tax purposes. The addendum shall be paid to the entire body of Governmental Administrators, regardless of the Class in which they are, and shall consist of the sum resulting from the application of the coefficient 0.98 to the basic salary of the journal class. "
Art. 13. de Note the retribution of those who receive the Government Administrators Training Programme in the amount of MIL CINCUENTA PESOS ($ 1.150,00) (Article replaced by Article 7 of the Decree No. 846/1994 B.O. 23/6/1994)CHAPTER VI
COMPLEMENTARY PROVISIONS
Art. 14. . Please note that the hierarchical remedy filed against the approval of the re-encassation act must be handled in full within the jurisdiction of the review agent concerned.The claim shall be carried out in the respective permanent legal service, which shall issue the relevant opinion, after the intervention of the Jurisdictional Delegation of the PERMANENT COMMISSION OF CARRERA OF THE NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESION, in cases where such legal service deems it necessary.
The relevant draft decree, which is endorsed by the owner of the area, will be drawn up for consideration by the SECRETARIAT OF THE PUBLIC FUNTION ( GENERAL DIRECTION OF THE CIVIL SERVICE).
The unit referred to above shall rule on the merits of the act, giving intervention to the NATIONAL SYSTEM OF THE ADMINISTRATIVE PROFESSIONAL SYSTEM in such cases as it deems necessary, and shall lift the administrative act for consideration by the Secretary of Public Service for subsequent reference to the LEGAL AND TECHNICAL SECRETARIAT of the NATIONAL PRESIDENCE.
Art. 15. Article repealed by art. 5th Decree 875/2005 B.O. 21/7/2005. Watch: 1 July 2005. Art. 16. . For the purposes of article 13, paragraph I, inc. (b) of the Licensing, Justification and Franchising Scheme, approved by Decree No. 3413/79 and its amendments, the agent who was awarded by the Programme established in Article 56 Quater of Annex I to Decree No. 993/91 and modulations, who did not comply with the term of compulsory stay or fulfilled it in a partial period, Agents who do not enjoy stability and are beneficiaries of the above-mentioned Programme, who do not comply with the obligations imposed by the Programme, shall reimburse the total costs of training activities that have developed more than all the amounts received during the training period. Art. 17. . The expenses that demand compliance with the provisions of this decree shall be charged to the specific items allocated in the General BUDGET OF the current NATIONAL ADMINISTRATION. Art. 18. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. Domingo F. Cavallo.