24 Article 4. […] the personnel who have not requested voluntary termination and who are declared to be surplus shall be placed at the disposal of the National Public Administration Institute (INAP), to be relocated among the public entities that need personnel. Once forty-five (45) calendar days have elapsed following their being placed at the disposal of INAP, the personnel who have not been relocated shall be terminated from the administrative career and shall only receive compensation for the time they have served and other benefits that correspond to them according to the law. […] Article 7. The personnel who terminate their employment claiming the benefit of the incentives established in this Decree Law, may not return to work in the Public Administration, Public Institutions or State Enterprises, through any way or type of employment or legal regime, for five years from the date of their termination. […] Article 9. The action for amparo to contest the application of this Decree Law directly or indirectly shall be inadmissible. Article 10. Any provisions that are opposed to this Decree Law shall be annulled or suspended, as applicable.21 89(10) Decree Law No. 25759 of October 1, 1992, stipulated that “the streamlining process” would conclude on November 6 that year, and the Administrative Commission was mandated to conduct the “Personnel Evaluation and Selection Procedure” by means of examinations to classify the personnel. It also stipulated that the employees who passed the examination would occupy, “the posts established in the new Congress Personnel Allocation Table strictly in order of merit”; and that those who did not find a vacancy for the position they were applying for or who did not take the examination would be “terminated owing to the reorganization and [would] only have the right to receive their legally-established social benefits.” This Decree Law derogated article 4 of Decree Law No. 25640 (supra para. 89(9)).22 89(11) Resolution No. 1239-A-92-CACL of October 13, 1992, issued by the acting President of the Administrative Commission, adopted the “new Congress Personnel Allocation Table”; the requirements for taking the selection examinations for the posts established on this table; the bases for the selection examinations, and the regulations for the congressional personnel evaluation and selection procedure. It also stipulated that the “Administrative Commission […] [would] not accept complaints concerning the results of the examination,” and that this Commission would “issue resolutions declaring the termination of those employees who had not found a vacancy or who had not registered for the competitive examination.”23 89(12) The evaluation process was conducted by the Administrative Commission first on October 18, 1992, for the employees who had not availed themselves of the voluntary termination procedure and the financial incentives. However, it was reported “that the test [for the selection examination had been] sold to some 21 Cf. Decree Law No. 25640 of July 21, 1992, published on July 24, 1992, authorizing the Commission to Administer the Patrimony of Congress to carry out the process of streamlining the personnel of the Congress of the Republic (file of appendixes to the application, tome I, appendix 8, folio 497). 22 Cf. Decree Law No. 25759 of October 1, 1992, published on October 8, 1992, establishing the date on which the process of streamlining the personnel of the Congress of the Republic would end (file of appendixes to the application, tome I, appendix 9, folio 500). 23 Cf. Resolution No. 1239-A-92-CACL of October 13, 1992, published on October 22, 1992, adopting the new personnel allocation table, and the requirements, bases and regulations for the evaluation and selection procedure for personnel of the Congress of the Republic (file of appendixes to the application, tome I, appendix 24, folios 769(b) and 769(c)).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos