Milei rejects appeals from Human Capital agents on availability

President Javier Milei signed two decrees rejecting the hierarchical appeals filed by two permanent staff members of the Ministry of Human Capital who had been placed on availability status within the framework of the State restructuring. The decisions, adopted together with Minister Sandra Pettovello, were published in the Official Gazette of the Argentine Republic on August 14, 2026, under references DECTO-2026-731-APN-PTE and DECTO-2026-732-APN-PTE. With their issuance, the administrative route is exhausted and judicial action is now open.

Both decrees, dated in the City of Buenos Aires on August 13, 2026, confirm the transfers to availability ordered by resolutions of the Ministry of Human Capital of March 2025 for a period of six months, as a result of the suppression of organizational units ordered by Decree No. 151/25, which modified the organizational chart of that jurisdiction.

Two cases, the same criterion

The Executive Branch applied the same criterion in both case files: it dismissed the alleged absolute nullity, considered the cause for the transfer to availability to be proven, and rejected the alleged abuse of power, understanding that the organization and structuring of the Administration falls within the State’s reserved area.

• Pablo Fernando Aliano (National ID No. 26,053,235): his appeal was rejected by Decree 731/2026, which ratifies Resolution No. 130/25 of the Ministry of Human Capital; he was classified as Level C, Grade 8 of SINEP at one of the Reference Centers affected by Resolution No. 147/25 of the National Secretariat for Children, Adolescence and Family.
• Silvina Herrera (National ID No. 31,206,966): her appeal was rejected by Decree 732/2026, which ratifies Resolution No. 126/25; Level B, Grade 5 of SINEP, she worked at the former National Directorate for Assistance in Situations of Social Emergency, a unit suppressed by Decree No. 151/25.

The legal framework of availability

Law No. 25,164, the National Public Employment Regulatory Framework, provides that permanent staff affected by restructuring measures involving the suppression of bodies or functions automatically become available for up to twelve months. Once that period has expired without a new employment relationship being formalized, the employee is separated from service and receives severance pay of one month’s salary for each year of service, in accordance with the regulations of Decree No. 1421/02.

That regulation only counts as seniority the services rendered as permanent staff, which is why the request by both employees to count the years in which they were contracted under the terms of Article 9 of the annex to the law was rejected. The National Public Employment Office, the governing body in the matter, endorsed the procedures followed by the originating jurisdiction.

Administrative remedies exhausted

The decrees are issued in exercise of the powers conferred by Article 99, subsection 1 of the National Constitution and Article 90 of the Regulations of Administrative Procedures (Decree 1759/72 - T.O. 2017). In both cases, the appellants are notified that the administrative route has been exhausted and that legal action may be filed within one hundred eighty (180) judicial business days counted from notification.

The decision goes beyond the two individual cases: it establishes an administrative criterion applicable to the rest of the employees covered by the same resolutions, issued, according to their own texts, “among other” employees, and to analogous situations arising from the reorganization of the State. Those who find themselves in that condition must resolve their claims before the courts.

Source: Official Gazette of the Argentine Republic, August 14, 2026, First section (official reference: DECTO-2026-731-APN-PTE and DECTO-2026-732-APN-PTE).