P.R. Laws tit. 7, § 1237b
It is hereby provided that with the implementation of this Early Retirement Program, the Puerto Rico Trade and Export Company shall reduce the number of positions left vacant as a product of the same.
It is further provided that the positions of those employees who have retired shall neither be reopened nor subcontracted for performing the tasks that would have been undertaken by the employees who retired, as long as said tasks are not indispensable for the operation of the Trade and Export Company.
It shall be understood that indispensable positions are those whose functions are fundamental and vitally essential for the most effective operation of the Trade and Export Company.
The indispensable positions must be identified and made known to those employees who by June 30, 2007, occupy them, not later than thirty (30) days [following] the effective date of this act.
In case any indispensable position must be reopened or personnel subcontracted to occupy any indispensable position, the employees of the Trade and Export Company, as the case may be, shall be given priority for occupying said positions. The Trade and Export Company must train those employees who ask to occupy an indispensable position so that they may meet the requirements of said position provided this is not too onerous for the Company. The Company shall take the administrative and operational reorganization measures needed to permit the elimination of any non-indispensable position rendered vacant.
The Company shall take the administrative and operational reorganization measures authorized in this chapter to eliminate the positions rendered vacant due to the implementation of the Voluntary Early Retirement Program herein provided. This 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.
History —July 13, 2007, No. 66, § 3.