The Government rejects appeals from six employees placed on availability status

The National Executive Branch rejected, through six decrees, the hierarchical appeals filed by permanent staff employees of the Ministry of Human Capital who had been placed in availability status as part of the agency’s restructuring. The measures, signed by President Javier Milei and Minister Sandra Pettovello, were published in the Official Gazette of the Argentine Republic on August 28, 2026, and exhaust the administrative route, leaving judicial action open.

Decrees 809/2026, 810/2026, 811/2026, 812/2026, 814/2026, and 815/2026, all dated August 27, 2026, reject the requests for reconsideration with subsidiary hierarchical appeal filed against the resolutions of the Ministry of Human Capital that ordered the transfer to availability for a period of six months.

The six rejected cases

The appeals were filed by workers who held permanent staff positions within the National System of Public Employment (SINEP), affected by the suppression of organizational units and Reference Centers:

• Daniel Emilio Polzella Cano (D.N.I. 16.291.049), Level B, Grade 7, against Resolution MCH No. 130/25.
• María Mastrostefano (D.N.I. 25.998.245), Level B, Grade 6, against Resolution MCH No. 130/25.
• Karina Fernanda Lagoria (D.N.I. 25.984.287), Level B, Grade 8, against Resolution MCH No. 130/25.
• Alicia Adriana Joaquín Orrico (D.N.I. 18.862.273), Level C, Grade 6, against Resolution MCH No. 130/25.
• José Nicolás Sepúlveda (D.N.I. 30.643.533), Level D, Grade 5, against Resolution MCH No. 130/25.
• Myriam Daniela Selman (D.N.I. 25.681.091), Level B, Grade 8, against Resolution MCH No. 126/25.

Grounds for rejection

The appellants alleged the nullity of the acts due to flaws in their object and cause, the non-existence of the suppression of functions, and an alleged misuse of power, arguing that the purpose had been to “shrink the State.” They also requested that previous years of contracting be counted toward the availability period and for eventual compensation.

The Executive rejected these claims. It pointed out that the agents provided services in units affected by the restructuring—the Reference Centers, the “Participate in Community” program, and the former Institutional Assistance Coordination—and that the National Office of Public Employment confirmed compliance with the procedure provided for in the Resolution of the Secretariat of State Transformation and Public Function No. 1/24. Additionally, it recalled that only services rendered as permanent staff are counted.

Regulatory framework and judicial route

The transfer to availability is based on Article 11 of the Annex of Law No. 25,164 on National Public Employment and its regulation, Decree No. 1421/02, which provide that personnel affected by restructuring measures shall remain in availability for up to twelve months. Once this period has elapsed without a new employment relationship, the agent shall be terminated with the right to an indemnity of one month’s salary per year of service.

With the issuance of these decrees, the administrative route is exhausted, in accordance with Article 90 of the Administrative Procedure Regulations (Decree 1759/72), and those affected may file a judicial action within 180 judicial business days from notification.

Impact

The decision affects hundreds of state workers reached by the restructuring of the Ministry of Human Capital, who see the administrative stage closed and must resort to the Courts to dispute their situation. The case sets a precedent regarding the scope of public employment stability in the face of State reorganization measures.

Source: Official Gazette of the Argentine Republic, August 28, 2026, First Section (official references: Decrees DECTO-2026-809-APN-PTE, DECTO-2026-810-APN-PTE, DECTO-2026-811-APN-PTE, DECTO-2026-812-APN-PTE, DECTO-2026-814-APN-PTE and DECTO-2026-815-APN-PTE).