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)).
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