NATIONAL PUBLIC ADMINISTRATION

Decree 852/96

National Public Sector Labour Reconversion Fund. Executing unit. Financing. Management.

Bs. As., 25/7/96

VISTO Act No. 24,629 and Decree No. 558 of 24 May 1996 and

CONSIDERING:

That the NATIONAL EXECUTIVE PODER created, through Article 7 of Decree No. 558/96, the LABOUR RECONVERSION FUND of the NATIONAL PUBLIC SECTOR within the scope of the MINISTERY OF WORK and SOCIAL SECURITY.

That article 12 of the same decree provided that MINISTERIAS OF WORK AND SOCIAL SECURITY AND ECONOMY AND ARTWORKS AND SERVICES PUBLICOS should refer to the State Reform and Modernization Unit a draft regulation of the said Fund and its form of financing, within a period of QUINCE (15) days from the dictation of the same.

It is a policy defined by the NATIONAL STATE to achieve the efficiency of its organizational structures, promote employment and combat unemployment.

The purpose of the Fund is to train and provide technical assistance for Labour Reconversion Programmes to the National Administration agents whose charges are abolished on the basis of the measures taken on the basis of the administrative reorganization of the National State in accordance with article 9 of Act No. 24,629.

That in order to meet the above-mentioned objectives it is necessary to dictate the rules governing the requirements for the incorporation of the agents into the Fund, taking into account that its duration will extend until 31 December 1997.

In addition, it is necessary to establish an executing unit of the Fund to take responsibility for its own operations and to establish its powers and responsibilities.

It has taken the intervention of the State Reform and Modernization Unit in accordance with article 12 of Decree No. 558/96.

That the present measure is in exercise of the powers conferred by article 99, paragraph 1 and 2 of the National Constitution.

Therefore,

THE PRESIDENT

OF ARGENTINA NATION

RIGHT:

CHAPTER I-DE THE EXECUTIVE UNITY

Article 1 -Trust in the area of the SECRETARIAT for the LABORAL EMPLEMENTATION AND CAPACITATION of the Ministry of Labour and Social Security the Executive Unit of the LABAL RECONVERSION FUND of the NATIONAL PUBLICO SECTOR.

Art. 2°-The Executive Unit shall be responsible for the administration of the Fund established by article 7 of Decree No. 558 of 24 May 1996, and shall be entitled, to that end, to sign agreements with the United Nations Development Programme, following the intervention of the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND OURS AND SERVICES PUBLICS under the provisions of articles 8, 10 and 11 of the present decree.

Art. 3°-The executory UNITY of the NATIONAL PUBLIC SECTOR FUND will have the following functions and powers:

(a) Implement compliance with Act No. 24,629, the decrees issued accordingly, relating to the LABORAL FUND of the NATIONAL PUBLIC SECTOR and the regulations issued.

(b) Propose the regulations to which all agents incorporated into the Fund shall be adjusted, which shall be approved by the Ministry of Labour and Social Security.

(e) Dictate specific rules and procedures for operation.

(d) Design, upgrade for approval to the Minister of Labour and Social Security and implement programmes and actions of Retiro Programado, Orientación Laboral. Training, Training, Qualification. Technical Assistance Micro-entrepreneurship and Labour Reconversion and any other action to be taken, in accordance with the general guidelines set out in Annex I.

(e) Design special actions and programmes for the care of the agents affected to the Fund, resident in geographical areas with unfavourable possibilities of employment reintegration.

(f) To hire private and public entities for the execution of the actions necessary for the fulfilment of its object.

(g) Sign agreements with the business sector to provide it with human resources with the agents affected to the Fund.

(h) Comply with the necessary resources to ensure compliance with the objectives set out in Act No. 24,629, in respect of the LABORAL SECTOR FUND.

(i) Request technical assistance, conduct of studies, assignment of consultants, materials and/or equipment and, in general, any other collaboration of the international cooperation agencies to which the REPUBLIC ARGENTINA is a party, within the framework of the respective treaties, in order to fulfil the assigned missions.

(j) Coordinate its activity with related programmes in implementation or to be implemented in the public sector, by signing the necessary conventions for this purpose.

Art. 4°-The Executive Unit of the NATIONAL PUBLIC SECTOR FUND will be headed by an Executive Director who will designate the MINISTERY of WORK and SOCIAL SECURITY.

Art. 5°-Créase el COUNCIL DIRECTIVE de la UNIDAD EJECUTORA del FONDO de RECONVERSION LABORAL del SECTOR PUBLICO NACIONAL, que será composed de TRES (3) representantesdesign por la JEFATURA de GABINETE de MINISTROS: UNO ( 1 ) a propuesta del sector empresa integrantes del Consejo NACIONAL del TRABAJO y del EMPLEO, UNO ( 1 ) The Committee shall perform "ad honorem" and shall have the following functions:

(a) Drafting of proposals for reconversion programmes.

(b) Monitoring and monitoring of activities to be carried out within the framework of the NATIONAL PUBLical SECTOR FUND.

(e) Control of reintegration actions in the private sector.

Art. 6°-The operational costs of the Fund ' s executing unit will be met through the reallocation of budgetary provisions for the current period and those allocated for the period 1997, within the existing legislation.

Art. 7°-The financial and management control of the executing unit shall be carried out by the General SINDICATURA OF NATION, without prejudice to the accountability set out in article 9°, in fine, of Law No. 24.629.

CHAPTER II-DEL FINANCING.

Art. 8°-THE LABORAL SECTOR FUND NATIONAL shall be financed by:

(a) The funds and/or public debt instruments allocated by the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, through the HACIENDA SECRETARIAT.

(b) Contributions of the NATIONAL TESORO in accordance with the provisions of the budget of the National Administration for the period 1997.

(e) Any other source of funding that the NATIONAL EXECUTIVE PODER establishes.

Art. 9°-The BANCO of the ARGENTINA NATION will act as a financial agent of the LABORAL FUND of the NATIONAL PUBLIC SECTOR, in relation to its trust aspects.

Art. 10.-Please refer to the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES and the ARGENTINA NATION BANK to execute the public credit operations necessary for the Fund's coverage, in the financial conditions that it deems appropriate and in accordance with the situation of the markets. These public credit operations shall be additional to those authorized by the respective annual budget laws, in accordance with Act No. 24.156.

Art. 11.-La SECRETARIAT OF HACIENDA DE MINISTERIO DE ECONOMIA AND SERVICES PUBLICOS will establish the financial operation of the Fund.

Art. 12. -The Organizational Units responsible for liquidating the assets to the personnel transferred to the LABORAL RECONVERSION FUND of the NATIONAL PUBLICO SECTOR or, in the event of their dissolution, the General Directorates of Administration of the jurisdictions in which the dissolute agencies carried out their functions, will continue to carry out the liquidation and payment of assets, will proceed to the calculation and payment of compensation, of the agents of the permanent plant

The Organizational Units mentioned in the preceding paragraph shall require the SECRETARY OF HACIENDA OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES the funds necessary to meet the payments of prior detailed assets and compensation. from the LABORAL RECONVERSION FUND of the NATIONAL PUBLIC SECTOR.

Art. 13.-MINISTERY OF WORK AND SECURITY through the executing UNITY of the LABORAL RECONVERSION FUND, it will communicate to the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS the financial requirements of the Fund for the development of training and reintegration activities.

CHAPTER III-DE LAW

Art. 14.-The authorities of each agency shall communicate to the UNITY OF REFORM AND MODERNIZATION OF THE STATE the payroll of charges to be abolished.

Art. 15.-The authorities of each agency, after receiving the communication of approval through the relevant legal and administrative procedures, of the deletion of charges and after carrying out the provisions of Article 12, second paragraph, shall submit to the ECUTOR UNITY of the LABORAL FUND of the NACIONAL PUBLICO SECTOR the number of agents, with the information that the operating regulation will require in due course, for the incorporation of the date.

Art. 16.-The staff entering the LABORAL RECONVERSION FUND of the NATIONAL PUBLIC SECTOR will depend on the administrative and disciplinary effects of the jurisdictions in which it was reviewing until the time of its impact on the Fund.

Art. 17.-Each agency shall send to the SECRETARIAT of the PUBLIC FUNCION of the MINISTRA GABINETE JEFATURA a payroll of the staff whose charges are intended to be abolished and are not in a position to comply with the actions provided for in article 9 of Act No. 24,629.

Art. 18.-The agencies of the National Public Sector, defined in the terms of article 8 of Act No. 24,156, in advance of the call to contest for the coverage of staff vacancies, shall require the LABORAL RECONVERSION FUND of the NATIONAL PUBLICO SECTOR to send subjects of candidates with abilities for office.

Art. 19.-Please note that the time limits for the employees to remain in the LABORAL RECONVERSION FUND of the NATIONAL PUBLIC SECTOR entitled to the perception of remuneration will be as follows:

(a) Agents up to 15 years of total seniority in the National Public Sector: SEIS (6) months.

(b) Agents with more than 15 years old and up to 30 years of total seniority in the National Public Sector: NEW (9) months.

(c) Agents with more than 30 years of total seniority in the National Public Sector: DOCE (12) months.

The training period may exceed the time limits provided for in subparagraphs (a) and (b) of this article, by means of exception and by a substantial decision of the executing unit of the LABORAL FUND of the NATIONAL PUBLIC SECTOR, without imposing the extension of the period of stay with the benefit of remuneration.

Art. 20.All periods of stay in the preceding article shall be computed from the effective incorporation of the agent into the Fund.

Art. 21.-The agent incorporated into the LABORAL RECONVERSION FUND of the NACIONAL PUBLIC SECTOR will be disconnected by the following causes:

(a) Extinction of the period provided for in article 19 of the present decree.

(b) Formalization of a new working relationship.

(c) Option for the scheduled withdrawal.

(d) Compliance with the requirements for obtaining the retirement benefit.

(e) Non-compliance with the regulatory provisions of the Fund ' s programmes.

Agents incorporated into the Fund who wish to report to the Fund on changes in their employment status that affect their right to receive remuneration or continue their training programme shall be separated from the Fund, applying to that end the current disciplinary regulations,

Art. 22. - Faccinate the Ministry of Labour and Security SOCIAL to authorize the scheduled payment of the compensations for the employment delinking of the agents concerned in the circumstances and conditions that determine the regulation of the LABORAL RECONVERSION FUND of the NATIONAL PUBLICO SECTOR, which shall exclude the payment provided for in Article 19 and that in no case may be subsequent to the 40 days of signature of the affidavit of egress.

Art. 23. - Any draft clarification, interpretative or complementary rule of the present shall be high, prior to its dictation. to the approval of UNITY OF REFORM AND MODERNIZATION OF THE STATE in accordance with Article 12 of Decree 558/96.

Art. 24.-MINISTERY OF WORK AND SECURITY SOCIAL, together with the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, will implement the operational aspects of the LABORAL RECONVERSION FUND of the NATIONAL PUBLIC SECTOR, giving timely intervention to the Board of Directors of the aforementioned Fund.

Art. 25.-In cases where a private company incorporates for the purposes of its training to personnel included in the LABORAL RECONVERSION FUND, which continues in relation to dependence with the National State and receiving its remuneration from that employer, it may include it in the payroll of its staff to be covered by the Labour Risks Administrator in which it has incorporated workers in relation to dependency. This staff will be included in the coverage as "workers linked to non-working relations", as prescribed in section 2 (c) of Law No. 24.557.

The National State shall take care of the labour risks to the extent that the Private Sector does not use the option provided for in this article. Training activities will not create any legal link between actors and enterprises.

Art. 26.-Communicate, publish. give to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez.- José A. Caro Figueroa.-Domingo F. Cavallo.

Annex I

PROGRAMMES AND CAPACITATION ACTIVITIES OF THE RECONVERSION FUND

After the entry of the agents to the Fund, the following actions will be carried out:

1) Reception: Induction and relay of the job profile of the agents. Identification of agents who opt for Retiro Programado.

(2) Job training programme: The purpose of the job reinsertion of agents. To that end, the executing unit of the LABORAL SECTOR OF the NATIONAL PUBLICO SECTOR is empowered to conclude agreements with private companies, with or without profit, so that the incorporated agents carry out occupational training activities. Staff participating in these programmes shall maintain their working link with the National State, who shall be responsible for the payment of remuneration, social security obligations and labour risks as specified in article 25 of this Decree.

(3) Labour Orientation: These actions will aim to support the worker in his decision to opt for the dependent or independent work modality, providing him with tools for the search for employment or for the development of an autonomous activity.

4) Training for self-employment: Technical assistance actions for micro-enterprises and development of activities that public agencies decide to transfer to third parties.

5) Training for dependent work: Training actions according to the demands of the labour market and skills of the incorporated agents. Attention to requests for training from the National Civil Service.

6) The executing unit of the NATIONAL PUBLIC SECTOR's LABAL RECONVERSION FUND will propose the creation of programs not previously indicated that are suitable for the fulfilment of the objectives set out in Act No. 24,629.