Decrees No. 77/2023 and No. 84/2023 of the National Executive Branch: Hiring of Personnel by the National Public Administration.
Public Law Department Report | Decrees No. 77/2023 and No. 84/2023 of the National Executive Branch
Today, Decrees No. 77/2023 and No. 84/2023 of the National Executive Branch were published in the Official Gazette, regarding the hiring of personnel by the National Public Administration. These decrees establish:
a. That the hiring of personnel for the provision of services carried out within the framework of Section 9° of Law 25,164, Framework Law for the Regulation of National Public Employment, of Decree No. 1109/2017 and of any other hiring modality that concludes as of December 31, 2023, and initiated as of January 1st, 2023 in the agencies included in subsections a) and c) of Section 8° of Law No. 24,156, shall not be renewed. In addition, the Decree establishes that the following are exempted from such measure: (a) hiring derived from quotas regulated by law or other types of special protections (for example, labor quota for the disabled or trans labor quota); (b) personnel that had been working prior to January 1st, 2023 and have changed their hiring modality; (c) personnel considered indispensable by the head of each jurisdiction, in a restrictive and founded manner and when their continuity is considered necessary for urgent operational reasons.
b. The hires made under Section 9° of the Annex to Law No. 25,164, Framework Law for the Regulation of National Public Employment and of Decree No. 1109/2017 whose date of entry is prior to January 1st, 2023, must not be renewed for a period longer than ninety (90) days.
c. The competent authorities of each jurisdiction are instructed to carry out an exhaustive survey of the personnel hired whose date of entry is prior to January 1st, 2023, in order to evaluate the renewal of the contracts. In the event that it is decided to renew, those authorities must justify the decision by demonstrating the need to continue hiring.
d. The validity of Decree No. 45/2023 of the National Executive Power is extended until March 24, 2023. Said Decree establishes that the jurisdictions and entities of the National Public Sector included in paragraphs a) and c) of Section 8 of Law No. 24,156 on Financial Administration and Control Systems of the National Public Sector may not make appointments or hire personnel. It also establishes the exceptions to such prohibition and instructs the representatives of the State that are part of the decision-making bodies of companies, corporations and business organizations where the State has a majority shareholding in the capital or in the formation of corporate decisions and of trust funds integrated totally or mostly with assets and/or funds of the National State to adopt measures similar to those provided for in such Decree.
We remain at your disposal for any additional information you may require.
Sincerely,
Juan A. Stupenengo