OF THE INDUSTRIA OF THE CONSTRUCTION Decree 1309/96 Transfer competences, part of the staff and assets of the Register to the Institute of Statistics and Registration of the Construction Industry.

Bs. As., 20/11/1996

VISTO, Laws No. 22,250, 24,624 and 24,629, Decrees No. 1342 of September 17, 1981, No. 558 of May 24, 1996, No. 660 of June 24, 1996, No. 852 of July 25, 1996, No. 772 of July 15, 1996, Administrative Decision No. 1 of January 3, 1996, the Convention No. 1 of September 11, 1996

CONSIDERING:

In the context of the Second State Reform and in the terms of articles 76, second paragraph, of the NATIONAL CONSTITUTION and 8 of Law No. 24,629, the HONORABLE CONGRESS OF NATION delegated to the NATIONAL EXECUTIVE POWER, among other powers, to centralize, merge, reorganize or abolish, in part, essential agencies created by law,

That article 42 of Decree No. 660/96 provided for the privatization of the services provided by the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION under the SECRETARIAT OF WORK of the Ministry of Labour and Security for which purpose it was established that the Ministry of Labour and Security SOCIAL would refer the programme to the UNITY OF REFORM AND MODERNIZATION OF THE STATE with the necessary measures for the achievement of that purpose, a measure that was communicated to the Joint Commission on State Reform and the Monitoring of Privatizations, as provided for in article 54 of the said Decree.

In the framework of the activities carried out by the Ministry, the Workers' Union of the Construction of the Argentine Republic, the Argentine Chamber of Construction and the Argentine Union of the Construction as more representative entities of the sectoral interests that relate to the activity of the construction in the Republic, held on 11 September 1996 an agreement of a parity nature, by which they constituted the Institute of Statistics and Registration of the Construction Industry, with the

That such an agreement created by the Institute of Statistics and Registration of the Construction Industry has been approved by Provision of the NATIONAL DIRECTION OF COLECTIVE NEGOTIATION No. 120 of 10 October 1996 under the suspensive condition of the decree.

That the Institute will have its headquarters in the city of Buenos Aires and will be led and administered by a Directory, in which the entities that constitute it will be represented, with the control of a Fiscal Commission, in accordance with its Statutes.

That the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION was created by Law No. 22,250, as an autonomous entity within the jurisdiction of the MINISTERY OF WORK and SECURITY SOCIAL, with jurisdiction throughout the country, for the purpose of fulfilling the powers granted to it by the Law.

That between the competences conferred to the Register by Article 6 of Law No. 22.250 are the following: (a) to set the amount of the tariffs for registration and annual renewal of the same, by provision of the Notebook of Contributions to the Unemployment Fund and issue of duplicates and by any other service or supply that provides (inc. e); (b) to set the amount of the monthly contribution of the employers (inc.

That the analysis of the transcriptional powers allows to warn the desirability of the execution of such public duties by the Institute of Statistics and Registration of the Construction Industry, given its intersectoral status in which the interests of workers and employers are represented, without denying administrative guardianship over all the efforts that may involve the exercise of the police power of the work.

That the transfer of the competences of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION to the Institute of Statistics and Registration of the Construction Industry concretely one of the possible modalities of privatization, as provided for in article 42 of Decree No. 660/96.

That, together with the transfer of the competences, it is also necessary to transfer to the appointed Institute, part of the personnel and assets of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION, as they are strictly necessary for the performance of their functions, identifying the personnel that must be incorporated into the permanent plant of the MINISTERY OF WORK and SOCIAL SECURITY or the FUND OF THE LABOURTH RECONVERSION,

That Decree No. 772 of 15 July 1996, in its articles 1 and 3, assigns to the Ministry of Labour and Security SOCIAL, the functions of Superintendency and Central Authority of the Labour Inspectorate throughout the national territory, empowering it to adjust its budget to meet the costs required by the performance of the new functions assigned to it by that rule.

In view of the experience and knowledge of the labour regulations of the agents of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION affected by the functions of control, it is appropriate to transfer them to the permanent plant of that Ministry, in particular in response to the provisions of the labour inspection provided for in Decree No. 772/96.

That the transfer of competencies from the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION to a non-State public entity shall not matter the decline in the powers of the National Civil Service in the field of labour police, for which purpose it is to establish a correct way of the decisions of the Institute of Statistics and Registration of the Construction Industry, without prejudice to subsequent jurisdictional control.

They have taken the intervention of the UNITY OF REFORM AND MODERNIZATION OF THE STATE and the General SINDICATURA OF NATION.

That the present decree is issued in the use of the powers conferred by article 99 (1) of the NATIONAL CONSTITUTION, article 8 of Act No. 24,629 and articles 13 and 41 of Act No. 24,624.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 to the INSTITUTE OF THE STATISTIC AND REGISTRATION OF THE INDUSTRIA OF THE CONSTRUCTION, as from 1 December 1996, the powers assigned to the NATIONAL REGISTRATION OF THE INDUSTRIA OF THE CONSTRUCTION by Law No. 22,250 and its complementary and regulatory rules, in accordance with the objectives set out in the Convention No. 1 of September 1996

Art. 2o DE Transfer to the STATISTIC INSTITUTE AND INDUSTRIA REGISTRATION OF CONSTRUCTION, from the date set forth in article 1, the authority to instruct and apply the respective sanctions, provided for in article 17 of Decree No. 1342/81, in accordance with their statutory powers, noting the procedure established by Act No. 18,695 and its amendments.

Art. 3o Todas All decisions of the INSTITUTE OF STATISTIC AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION, which involve the exercise of the powers of the labour police, may be appealed to the MINISTERY OF WORK and SECURITY SOCIAL, within fifteen days of notification, in the form and conditions provided for in Articles 94 et seq. of the Regulations of Administrative Procedures Decree No. 1759/72 (t. 1991).

Art. 4o DE Transfer to the STATISTIC INSTITUTE AND INDUSTRIA REGISTRATION OF THE CONSTRUCTION, from the date established in Article 1 to the personnel of the NATIONAL REGISTRATION OF THE INDUSTRIA OF THE CONSTRUCTION, as indicated in Annex II to the present decree, subject to the agreement of the interested parties, maintaining their age for all purposes within the framework of Law No. 20,744 (T. 1976) and its modifications; recognizing to that staff the right not to be paid

Art. 5o El The staff who agree to serve in the STATISTIC INSTITUTE AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION must submit their resignation to the MINISTERY OF WORK and SECURITY SOCIAL, being expressly excluded from the Basic Legal Regime of the Public Service and the National System of Administrative Profession. The staff included in Annex II to the present decree that does not manifest the conformity provided for in Article 4 shall be incorporated into the LABORAL FUND of the NATIONAL PUBLIC SECTOR.

Art. 6th . Transfer to the INSTITUTE OF STATISTIC AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION the assets specified in Annex III to this Decree, from the date set out in Article 1o.

Art. 7o DE Incorporate to the permanent plant of the MINISTERY OF WORK and SECURITY SOCIAL to the staff of the plant of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION, as indicated in Annex IV to this Decree, from the date of transfer provided for in Article 1.

Art. 8o . Incorporate the NATIONAL PUBLIC SECTOR's LABOUR RECONVERSION FUND, the staff of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION, as set out in Annex V to this Decree.

Art. 9th EL WORKING MINISTERY AND SECURITY SOCIAL shall perform the services that are conducive to the transfer of functions to the INSTITUTE OF STATISTIC AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION. The Ministry will carry out, with its staff, in the transition period, the tasks carried out by the zone agents of the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION within the country, providing the movable and immovable property, as well as the human and economic resources required for that purpose. The services indicated will be carried out for a maximum period of CENTO OCHENTA (180) DIAS from the date set out in Article 1 of the present.

Art. 10. . Based on the date set out in Article 1, transfer the balance in the Unique Treasury Account (C.U.T.), corresponding to the sub-account of the NATIONAL REGISTRATION OF THE INDUSTRIA OF THE CONSTRUCTION, to the current accounts payable by that Agency. During the period mentioned in the previous article, the INSTITUTE OF STATISTIC AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION will have at your disposal the checkbooks that will allow you to release checks against those accounts, as well as receive these deposits of third parties that will be in favor of the INSTITUTE OF STATISTIC AND REGISTER OF THE INDUSTRIA OF CONSTRUCTION.

At the end of the deadline set out in Article 9, the ARGENTINA NATION BANK shall cancel all its official bank accounts, upon transfer of balances to the current accounts to be opened by the INSTITUTE OF STATISTIC AND REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION for the purpose of continuing with the operation of the entity. Please refer to the SECRETARIAT OF HACIENDA under the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES to dictate the relevant clarification rules.

Art. 11. . Displace the NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION created by Law No. 22,250, beginning on 1 June 1997, assuming the INSTITUTE OF STATISTIC AND REGISTER OF THE INDUSTRIA OF CONSTRUCTION the character of its successor.

Art. 12. al Fill out the MINISTERY OF WORK AND SECURITY SOCIAL to dictate the clear and complementary rules necessary for the achievement of the objectives of this Decree.

Art. 13. . Amend the NATIONAL ADMINISTRATION BUDGET for 1996 in Jurisdiction 75 - MINISTERY OF WORK AND SOCIAL SECURITY - Decentralized Agency 851 - NATIONAL REGISTRATION OF THE INDUSTRIA OF CONSTRUCTION, in accordance with the detail contained in Annex VI, which is an integral part of it.

Art. 14. . Contact the MIXTA STATE REFORM AND FOLLOW-UP TO PRIVATIZATIONS pursuant to article 14 of Act No. 24,629.

Art. 15. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . José A. Caro Figueroa.

NOTE: This Decree is published without Annexes. Unpublished documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767, Capital Federal).