Bs. As., 19/12/96
VISTO Expediente No. 4.588/96 of the registration of the General Administration of State Ports, belonging to the orbit of the Ministry of Energy and Ports of the Ministry of Economy and Public Works and Services and their aggregates without accumulating: Annex I and Memorandum No. 467-AJ/96, and
That in the above-mentioned file they work the precedents related to the termination of the contract of concession of the company Terminal Portuaria Intefema de Buenos Aires Sociedad Anónima, which in due course was awarded to Terminal No. 6 of Puerto Nuevo, Ciudad de Buenos Aires.
That of the same actions arises the situation of the ex-workers of the Intefema Port Terminal of Buenos Aires Sociedad Anónima and the negotiations carried out by the previous management of the former Undersecretariat of Ports and Transport of Long Distance with the representative union entities of the workers to the Ministry of Labour and Social Security, according to the minutes that were published in due course before the Authority of Implementation in the field of work.
That in front of the National Court of First Instance in the Commercial No. 1, Secretariat No. 1, they process the "Intefema S.A. s/concurso" in which Mr.Syndico interviniente has informed the judicial authority the list of dependants of the contest according to the labor and accounting records carried in legal form.
That this situation of lack of Port Terminal Intefema of Buenos Aires Sociedad Anónima and the failure to comply with its contractual obligations to the National State has caused the termination of the concession contract because of its fault and the loss of the sources of work of more than Quinientos (500) workers.
On the occasion of the loss of the source of work, a section of the ex-workers of the Intefema Port Terminal of Buenos Aires Sociedad Anónima promoted a precautionary measure, prior to the lawsuit, against the National State that processes before the National Court of First Instance in the Federal Administrative Dispute No. 6, Secretariat No. 11.
That the Court has issued a precautionary measure prior to the application, confirmed to date by the High Court of the Proceedings, which condition the conduct of acts of disposition and/or administration by the National State in respect of the Predium, pending the guarantee of the labour credits claimed in the respective fold of bases and conditions of the tender to be made.
That such a situation becomes attentive that the precautionary measure is, as far as its amount is concerned, indeterminate and this prevents a definitive and comprehensive solution to the situation.
Without prejudice to the judicial remedies brought before the Supreme Court of Justice of the Nation by attacking the above-mentioned precautionary measure, it is necessary to take decisions to resolve the urgent needs of workers affected by the cessation of activities of the former port concessionaire.
Moreover, it becomes imperative that the competent area raises a proposal on the destiny and definitive use that should be given to the predium on which the so-called Terminal No 6 of Puerto Nuevo, Buenos Aires City, is located, contemplating not affecting its nature of port activity.
That once the fate and use of the predio in question is determined and, solved the legal conditions imposed by the precautionary measure, it shall be called to National and International Public Licitation to award it in whole or in part, thus guaranteeing the immediate opening of the new source of work.
That during the current year the National State through the relevant areas has implemented social assistance measures that have allowed, at least, to alleviate the serious social situation through which the ex-workers of the Intefema Port Terminal of Buenos Aires Sociedad Anónima.
That the difficult situation affecting more than five hundred family members, and the time elapsed since the cessation of activities of the former concessionaire, justifies taking steps to resolve that situation in a definitive manner.
That the implementation of a subsidy aimed at resolving the economic situation of ex-concessionary workers would constitute an adequate and exceptional response to the situation raised, without implying recognition of facts and law.
That the workers involved carried out their tasks in the area of Puerto de la Ciudad de Buenos Aires.
That the Authority of Application of this field is the Undersecretary of Navigators and Ways.
That the resources earmarked will alleviate the serious social situation mentioned, and should be provided by the General Administration of State Ports.
That by virtue of the erogation which is authorized by the present time, it becomes necessary to foresee, that the funds collected with the tender that is convoked in a timely manner are intended to satisfy the egresses authorized by the present, once the legal conditions permitting the tendering of the predio in question are met.
That the Ministry of Labour and Social Security, in accordance with its natural competence, shall, through the corresponding unit, assist the General Administration of State Ports in implementing payment to ex-workers.
That the Permanent Legal Service of the Ministry of Economics and Public Works and Services has taken the intervention that is within its competence.
That this measure is determined in the use of the powers granted by Article 99, Subparagraph (1) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . Authorize the General Administration of State Ports, which belongs to the orbit of the Ministry of Energy and Ports of the Ministry of Economy and Public Works and Services, as a measure of exception and in order to contemplate the social effects created by the non-compliance of the obligations of the ex-concessionary terminal Intefema of Buenos Aires Sociedad Anónima, in order to dismiss the sum of Weights Six Millions6 Art. 2o . The General Administration of Puertos Sociedad del Estado, with the corresponding intervention of the Ministry of Labour and Social Security, must implement the relevant agreements with the ex-workers of the company mentioned in the preceding article, for which purpose it must take into account the background that arises from the legal labour and accounting records of the said company, requiring the competent judicial authority where the preventive examination of the company is located, its report on the matter.
Such agreements should include:
(a) That they do not imply recognition of any law on the part of the National State.
(b) According to the case, the withdrawal of lawsuits impecced with coasts by their order and/or waiver of actions and rights against the National State.Art. 3o . The Undersecretariat of Puertos and Vías Navegables will elevate to the Ministry of Energy and Ports of the Ministry of Economy and Works and Public Services, within a period of Sixty (60) days, the proposal of the future use and destiny of the predio on which the Terminal No 6 of Puerto Nuevo, Buenos Aires City is located. Art. 4o . The one produced from the tendering of the predio according to the destination established in accordance with Article 3 of this decree, and once the legal question which conditiones the provision thereof, shall be returned to the General Administration of Ports Society of the State or to the company that substitutes it in order to satisfy the erogation authorized by Article 1 of this decree. Art. 5o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . Roque B. Fernández.