P.R. Laws tit. 15, § 525d
It is hereby provided that the opportunity of the eligible employees for availing themselves of the Voluntary Early Retirement Program shall not be conditioned to their having to waive present or pending adjudication judicial or administrative claims against the Company. This benefit shall be uniform for all employees who avail themselves of this Program. Provided, furthermore, That the positions of those employees who avail themselves of the Program shall be eliminated, except for those that have already been identified as indispensable, such as animal caretaker, assistant superintendent, accountant and accountancy analyst, fixing the maximum number of employees at six hundred and forty-one (641) or the present work force at seven hundred and forty-seven (747) minus the employees who retire, plus those that belong to the categories already identified as indispensable, whichever is greater. It shall be understood that indispensable positions are those whose functions are of a highly specialized nature, and fundamentally and vitally essential for the most effective operation of the National Parks Company, so as to be able to achieve the public purpose for which the latter was created as a public corporation of the Commonwealth of Puerto Rico. To fill those indispensable positions the career personnel of the National Parks Company who express their willingness to being transferred to that position shall be considered preferentially, and for such a purpose internal notices of employment shall be posted.
The implementation of the Voluntary Early Retirement Program herein provided shall be done in strict compliance with all labor laws, the collective bargaining agreements in effect and with due respect to the merit principle, to the legal provisions that prohibit political discrimination and to the vested rights of the public servants employed in said entity.
In case any position already identified as indispensable must be reopened or personnel subcontracted to occupy any position already identified as indispensable, the employees of the National Parks Company shall be given priority for occupying said positions. The National Parks Company must train those employees who ask to occupy an indispensable position so that they may meet the requirements of said position.
When calculating how onerous it would be to train an employee for occupying an indispensable position, the following factors must be taken into consideration, although without this being a limitation: the number of positions to be filled versus the personnel available, the time the training would require and its cost.
History —July 13, 2007, No. 70, § 5.