charged with preparing a report on the employees who had been dismissed irregularly and to offer recommendations.48 72. The Special Commission in charge of reviewing the collective dismissals of congressional personnel, in its report of December 20, 1991, concluded inter alia: (i) that there were irregularities in the evaluation and selection of personnel in 1992 because the minimum points established for the competitive examinations were not respected and, in many cases, nor were the applicants’ results in the qualifying examination; (ii) that the former employees who received their social benefits and those who opted for incentives by voluntarily resigning agreed with their dismissal, and (iii) that they abstained from pursuing any domestic or international claim that might exist judicially.49 73. In November 2001, Law 27586 was adopted, which set a deadline of December 20 for the Special Commissions to conclude their final reports. That law also created a Multisectoral Commission to evaluate the viability of the recommendations of those reports, establish the measures that should be implemented by the heads of the entities and the decrees and the draft laws that should be prepared. The Multisectoral Commission could suggest the reincorporation of employees, a special regime of early retirement, review the grounds for the dismissals and determine the cases in which the payment of remuneration or social benefits was due, provided that their judicial claims were withdrawn.50 74. In March 2002, the Multisectoral Commission issued its final report, in which it concluded, inter alia, that “the norms that regulated the collective dismissals should not be questioned […], merely the procedures by which they were implemented.” It also agreed “that any recommendation on reinstatement or replacement should be understood as a new labor relationship, which could be a new contract or a new appointment, provided that there are vacant budgeted positions in the entities or that such positions are made available; that the employees comply with the requirements for these positions; that there is legal competence to hire, and that there is a legal norm that authorizes appointments.” Based on the recommendations of the Special Commission, it decided that there were 760 cases of irregular dismissals of congressional employees under the 1992 evaluation and selection procedure.51 75. On July 29, 2002, the State promulgated Law 27803 that created the Special Benefits Program, which gave the employees the option of reinstatement or reassignment, early retirement, financial compensation or job training. In its fourth transitory provision, the law stipulated that the “irregular dismissal of those former employees who had existing legal proceedings are included in this law, provided they […] withdraw their claim before the jurisdictional body.” For the purposes of executing the benefits envisaged, the same law created the National Registry. Law 27803 also established that the State would assume the payment of pension contributions "for the period of time during which the employee was dismissed" and that "in no case does this imply the recovery of unpaid salaries during the same period.” In addition, in 2004, a paragraph was added to Article 13 that established 48 89(32). 49 89(33). 50 89(34). 51 89(35). Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 21

Seleccionar párrafo de destino3