The Labor Directorate (DT) indicated in an opinion that it was not appropriate to maintain the position of Rosa Oyarce -as a medical technologist- in the Education and Health Corporation of the San Bernardo commune, between March 19, 2018 and April 8, 2020. This, because in that period she served as a health seremi of the Metropolitan region, during the second government of Sebastian Pinera.
A citizen requested the Comptroller’s statement on Oyarce’s retention in office. From the control body they referred the request to the DT “because it has jurisdiction over the employing entity,” the institution said in the document.
According to the opinion, Oyarce told the Comptroller that he made use of a permit without pay for three months from March 20, 2018. He also indicated that from June 19, 2018 until he finished exercising his position as seremi , suspended his employment relationship with the aforementioned Corporation, maintaining his indefinite contract with it.
On this, the text -signed by the Labor director, Paul Zenteno– indicates that “in the municipal primary health care system it is not appropriate to use a permit without pay to hold another position for the State.”
“The Health Statute regulates the permits that officials governed by this legal body can use, which does not contemplate the figure of contract suspension,” they specified from the DT.
Regarding the compatibility of the positions, the DT pointed out that “a harmonious analysis of the respective legislation leads to the conclusion that if the positions are subject to different statutes, as occurs in the species, it is necessary that the aforementioned compatibility is contemplated in both statutes, which does not happen in the case in consultation that only grants compatibility only with respect to the position as seremi”.
