The Executive rejects the appeal of an employee on availability status

The National Executive Branch rejected the hierarchical appeal filed by agent Martín Sebastián Cuñarro against his placement on availability status, as ordered by Ministry of Human Capital Resolution No. 126/25. The decision was formalized in Decree 950/2026, signed on September 8, 2026, by President Javier Milei and Minister Sandra Pettovello, and published in the Official Gazette of the Argentine Republic on September 9, 2026.

With the issuance of this measure, the administration considers the administrative route exhausted and leaves open the possibility of judicial action, which the agent may file within 180 judicial business days from the date of notification.

The case of agent Cuñarro

Cuñarro held a permanent staff position Level B, Grade 7, General Group, Intermediate Tier of the National Public Employment System (SINEP), approved by Decree No. 2098/08. He was appointed by Decree No. 2786/15 to the then Ministry of Social Development and promoted to Level B by Resolution No. 2428/23.

His placement on availability status for six (6) months was ordered as a consequence of the suppression of organizational units of the Ministry of Human Capital mandated by Decree No. 151/25. The agent provided services in the then Logistics Directorate of the National Secretariat for Children, Adolescents, and Family, a unit affected by the restructuring.

The appellant’s arguments

In his motion for reconsideration with a subsidiary hierarchical appeal, Cuñarro argued that the act ordering his placement on availability was illegitimate and invalid, and raised the unconstitutionality of articles 11 and 14 of the Annex of Law No. 25,164, considering them contrary to article 14 bis of the National Constitution. He also requested his relocation to other areas of the administration.

The Executive rejected these claims. Regarding the unconstitutionality, it recalled the doctrine of the National Treasury Attorney General’s Office, according to which the review of the constitutionality of laws is the exclusive faculty of the Judiciary. Furthermore, the National Office of Public Employment, the governing body in the matter, confirmed that the jurisdiction of origin complied with the procedure provided by Resolution No. 1/24 of the Secretariat for State Transformation and Public Function.

The regulatory framework of availability

Law No. 25,164 (National Public Employment Regulatory Framework) establishes that permanent personnel affected by restructuring measures involving the suppression of organs or the reduction of optimal staffing are automatically placed on availability for a maximum of twelve (12) months. The regulation was implemented by Decree No. 1421/02.

• The placement on availability was applied for six (6) months.
• Upon expiration of the term without a new employment relationship, the agent is terminated and receives an indemnity of one (1) month’s salary for each year of service or fraction greater than three (3) months.
• The motion for reconsideration had already been rejected by the Ministry of Human Capital Resolution No. 711/25.

The decision published today is part of a restructuring process affecting dozens of permanent staff employees of the Ministry of Human Capital, whose administrative appeals are being resolved individually by the Executive. For the affected agents, the exhaustion of administrative remedies opens the door to judicial review of their cases, within a context of State reorganization that continues to generate litigation.

Source: Official Gazette of the Argentine Republic, September 9, 2026, First Section (official reference: Decree 950/2026 — DECTO-2026-950-APN-PTE).