The Executive Director shall have the power to appoint and contract the services of all his/her employees, officials and agents, and confer to them the powers, faculties, responsibilities and authority he/she deems proper. Appointments, removals, promotions, transferences, dismissals, reinstatements, suspensions, leaves, and changes of category, remuneration or title of the officials and employees of the Company, shall be made and allowed as provided by the standards and regulations proposed by the Executive Director and approved by the Board, which although they are not subject to the “Public Service Personnel Act”, Act No. 5 of October 14, 1975, shall include and be in harmony with the areas essential to the merit principle found in the aforementioned sections.
None of the provisions set forth in this chapter shall affect the right to collective bargaining that has been enjoyed by the employees of the Puerto Rico Exports Development Corporation Act, nor their vested rights by virtue of the collective bargaining agreements, negotiated pursuant to §§ 61—76 of Title 29, known as the “Puerto Rico Public Service Labor Relations Act”. The Company shall recognize the vested rights of the employees through the Collective Bargaining Agreement approved July 2, 2002, under said sections.
Furthermore, the personnel of the Administration and of the Puerto Rico Exports Development Corporation shall retain all the rights, obligations, benefits, conditions and perquisites, including seniority within the Administration or Corporation, they held at the moment of the approval of this act, and according to those laws and regulations in effect at the time of the approval of this act in the respective entity in which they worked, with respect to employment or employment in Government service. Likewise, if the employee is a beneficiary of any pension, retirement, savings and loan fund system or systems, he/she shall retain the rights, privileges, obligations and status of the pension, retirement, savings and loan fund, regarding those prescribed by law for the personnel of the Administration, or the Puerto Rico Exports Development Corporation.
No person having a substantial, direct or indirect financial interest in any private enterprise for which the Company has provided the capital shall hold an executive position in the Company. Nothing provided herein shall be construed to contravene to [sic] the “Ethics in Government Act”, §§ 1801 et seq. of Title 3.
Nothing set forth in this chapter shall be construed as a limitation for the Company to have its own Classification and Remuneration Plan, as established by the Executive Director and approved by the Board.
History —Dec. 28, 2003, No. 323, § 9, eff. 90 days after Dec. 28, 2003.