The Government rejects appeals from officers placed on availability status

The National Executive Branch rejected the motions for reconsideration filed by two employees of the Ministry of Human Capital who had been placed in availability status as a result of the agency’s restructuring. The decision was formalized in Decrees 787/2026 and 790/2026, signed by President Javier Milei and Minister Sandra Pettovello, and published in the Official Gazette of the Argentine Republic on August 26, 2026.

Both measures, issued on August 25, exhaust the administrative route and leave the way open for judicial action, which the affected parties may file within 180 judicial business days from notification.

The restructuring framework

The transfers to availability status are framed within Decree 151/25, which modified the organizational chart of the centralized National Public Administration of the Ministry of Human Capital and suppressed organizational units. The legal basis is Article 11 of the Annex of Law 25.164 (National Public Employment Regulatory Framework) and its regulation, Decree 1421/02, which establish that permanent staff affected by the suppression of bodies are automatically placed in availability for a maximum period of twelve months.

In both cases, the appellants were placed in availability for a period of six months. The National Office of Public Employment, the governing body in the matter, endorsed that the jurisdictions of origin complied with the procedure provided for in Resolution 1/24 of the Secretariat of State Transformation and Public Function.

The rejected cases

• Natalia Cecilia Scelzo (DNI 29.009.572), Level B, Grade 6 of SINEP, served in the former Technical Coordination of Direct Social Assistance of the National Secretariat for Children, Adolescents and Family, a unit suppressed by Decree 151/25. Her transfer was ordered by Resolution 126/25 of the Ministry of Human Capital.
• María Cecilia De Bernardi (DNI 27.975.067), Level B, Grade 4 of SINEP, provided services in the National Directorate of Territorial Articulation, in one of the Reference Centers affected by Resolution 147/25 of the National Secretariat for Children, Adolescents and Family. Her transfer was ordered by Resolution 130/25.

The dismissed arguments

The appellants maintained that the acts were null due to defects in their object and cause, and denounced “misuse of power,” understanding that the pursued purpose was to “shrink the State” and not to provide greater efficiency, affecting the stability of public employment. The Executive dismissed the nullity, considering the legal precedent and its object to be proven, and noted that the organization and structuring of the Administration falls within the State’s reserved powers.

The request to count years of prior contract employment toward the availability period and eventual severance pay was also rejected, as the regulations only recognize services rendered as permanent staff.

Impact

The confirmation of these rejections consolidates the public employment reduction policy promoted by the Government and leaves those affected without administrative recourse, forcing them to turn to the courts. For permanent staff affected by restructurings, the decision sets a precedent regarding the limits of job stability and the interpretation of availability within the framework of the downsizing of the State.

Source: Official Gazette of the Argentine Republic, August 26, 2026, First Section (official reference: Decree 787/2026 — DECTO-2026-787-APN-PTE; Decree 790/2026 — DECTO-2026-790-APN-PTE).