Margarita Silva, an official with 26 years of seniority in the Municipality of Mariano Roque Alonso (MRA) was dismissed via resolution 229/2022 on March 17. The commune decided to terminate her services by retiring her based on article 43 of Law 122/93 “Which unifies and updates Laws 740/78 and 1226/86, relating to the retirement and pension regime of municipal staff” .
In other words, the official was automatically released when she went into retirement. However, the Retirement Fund itself announced that it cannot accept the municipal resolution, since these requests must be made individually by the same official or official.
This situation was suffered by around five workers, but only two decided to claim, among them Margarita Silva and Gregorio Barreto.
IRREGULARITIES
Silva’s surprise was great when he went to the Retirement Fund and was informed of two irregularities. In the first place, they told him that the request for retirement must be made individually, that is, it must be requested by the same official and not by the commune.
In addition to this, the most serious thing was that he was told that his box only has around G. 18 million for just over eight years of work. When, in reality, he should have had the sum close to G. 80 million for 26 years of work.
Another striking aspect is that the official cannot retire because the minimum age for average retirement is 15 years. Added to this situation is that the commune owes three months of salary to its officials.
ADVICE
Silva consulted with lawyers and even turned to deputy Jazmín Narváez (official ANR) to request help.
“A lawyer from the Ministry of Justice and Labor advised me and told me that the law that the mayor uses to untie me cannot be used. It’s wrong, it’s a fraud. They recommended me to sue them and denounce them. Even she (the mayor) exposes herself to a 10-year sentence, ”she commented.
COMPLICITY
Finally, he denounced that the Retirement Fund is also an accomplice of the Municipality.
“It is very visible that they want to kick me out, that they want to get rid of me. I am not negotiable. Fair is fair. Regarding my right and my reason, I will not allow anyone to overcome it, ”she said.
Even the director of the cabinet of the commune recognized that the resolution is poorly made, since the law of the Municipal Fund was used to dismiss her and not the Municipal Organic Law that serves for the dismissal and retirement of officials.
“We do not have notification, we do not have prior notice, we have nothing,” he said.
DEBTS
The Municipality owes the Retirement Fund the sum of G. 13 billion. In other words, the commune made 10% discounts for all its officials each month, however, on many occasions it did not pay the cashier.
That is why there is this debt with Margarita and all the appointed officials and what is more, those officials who were dismissed cannot withdraw their few contributions that they have because the fund refuses to return them.
