P.R. Laws tit. 24, § 3326j
No contract, transaction, or alienation of a health facility shall affect the rights of the employees of the Department with regard to the retirement or savings system.
The regular employees who do not become employees of the contracting entity and are relocated in another agency or dependency of the Commonwealth of Puerto Rico, shall not lose those rights and benefits that for merit, time and services rendered they have obtained as employees of the Department.
Those employees who are not relocated within ninety (90) days counting from the execution of the transfer contract pursuant to the provisions of §§ 3326—3326s of this title, shall be entitled to liquidation in money of the benefits accrued for sick and vacation leaves, savings and retirement.
The Secretary shall establish those terms and conditions needed to assure those employees of the Department who do not become employees of the contractor party, compliance with Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”, as amended. Those regular employees of the Department that are working in the facilities at the time of the contracting, and who express an interest in rendering services for the contractor party as the new employer, shall have preferential right to be interviewed and considered to hold those positions they had held previously in said facilities.
The Office of the Management and Budget and the Central Personnel Administration Office shall participate, together with the Secretary in the coordination needed for the relocation and dismissal process. A special registry shall be created in said agencies to give preference to those employees who are not transferred to the contracting entities for relocation in the various government bodies.
To attain this purpose, the Secretary, together with the Office of the Management and Budget, shall appoint a Special Relocation Coordinator. This temporary official shall establish the norms for the referral and selection of the candidates to the different government bodies. The Department of Labor shall give priority to the employees whose names appear in said Registry in their employment programs.
The Central Human Resources Labor and Administrative Advisory Office (OCALARH, Spanish acronym) shall oversee compliance of the provisions of this section and of Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”, as amended, and other applicable laws and regulations.
History —Jan. 1, 2003, No. 3, § 12.