NATIONAL PUBLIC ADMINISTRATION
Please inform the authorities of the Companies and Societies of the State to take the measures aimed at rationalizing the provision of staff, as a result of the definitive cessation of business activities and the restructuring of those entities in the process of privatization and/or liquidation.
Bs. As. 28/11/97
VISTO Laws 23,696, 24,156 and 24,629 and Decrees No. 558 of 24 May 1996, 852 of 25 July 1996 and 1231 of 30 October 1996 and
That Law 24.629 provided for the administrative reorganization of the National Public Sector in order to achieve greater efficiency and rationalization.
Article 8 (b) of Law 24.156 includes State Companies, State Societies within the National Public Sector. the Anonymous Societies with majority state participation, the Mixed Economic Societies and all those business organizations where the State has majority participation in the capital or in the formation of corporate decisions.
That as a result of the privatization and/or concession of public enterprises, a staff sector of the services was not transferred to the awardees of the services, being affected to the residual tasks of each liquidation, which are already at its terminal stage, which is why the staff are exhausted from the functions to be performed.
In addition, it is necessary to enable in those organizations that are in the process of privatization or which have been affected by modifications, mergers or functional adequacies, the tools that allow them to carry out the process of rationalization subject to the legal regulation mentioned in the VISTO.
That in order to help solve in peremptory terms the situation of the staff affected by the processes of business transformations set forth, it is necessary that the same one be able to specify its decoupling of the areas to which they are formally incorporated, receiving the compensations that correspond to them in law.
That by the Second State Reform has been channelled through the LABORAL SECTOR FUND, the procedure of dissociating its agents and the mechanism for obtaining the financial resources that will allow the payment of the aforementioned violations.
That the present measure is in exercise of the powers conferred by art. 99, paragraph 1 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 Please refer to the highest authorities of the Companies and Societies of the State to specify the measures aimed at rationalizing staff in the terms that the actual operational demand imposes, as a result of the definitive cessation of the respective business activities and the restructuring of those entities in the process of privatization and/or liquidation or affected by modifications, mergers or functional adequacies, within 20 days of the signing of this decree.
Art. 2o- The instrumentation of the measure set forth in the preceding article shall be formalized by observing the legal and conventional regulations, inherent in the work distracting, contained in the legal framework applicable to the staff of each of the above entities.
Art. 3o- MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS shall be the organ of application of this Decree, having the power to interpret it, also for the dictation of the clear and complementary rules that may correspond.
Art. 4o- The expenditure required to comply with article 1 of this rule shall be financed by the resources provided for in article 8 of Decree No. 852 of 25 July 1996.
Art. 5o- Contact, post, give to the National Directorate of the Official Register and archvese. -MENEM.- Jorge A. Rodríguez.- Roque B. Fernández.- José A. Caro Figueroa.