Title VII: The Personnel of the Bank

Section 81.The working relationship between the personnel of the Bank and the Bank shall be governed by the provisions of this Act and, in the absence of special provisions thereof, by those of the Labor Code and other legal provisions applicable to the private sector. Under no circumstances shall general or special regulations issued for the public sector apply to the Bank staff.

The incompatibilities set forth in Section 14 of this Act shall also be applicable to those persons acting in the capacities of General Counsel and General Auditor. The Board may render applicable all or some of the incompatibilities under Section 14 to Bank attorneys, other high-ranking officials of the Bank and specified staff members, considering the responsibilities entrusted to them. Board Members shall be considered as private sector employees for purposes of social security contributions.

The Staff Regulations referred to in subparagraph 6 of Section 18 hereof shall govern the working relationship between the bank and the members of the staff and shall contain at least rules for making appointments and filling vacancies, the mechanisms for promotions, and the systems for job training and work performance rating.

Section 81 bis. No person dependent on illegal narcotic drugs or substances shall occupy the position of director, or an equivalent post, unless that person justifies such consumption is for the purpose of medical treatment. Prior to taking office, the interested person shall file a sworn declaration that he is not affected by this incompatibility. (1)

The Staff Regulations shall establish rulings to prevent undue consumption of narcotic drugs and substances.

These Regulations shall also specify a procedure for monitoring consumption among persons referred to in the first paragraph. Such monitoring procedure shall be applied to all the members of a randomly-chosen group or section of executives; it shall be applied discreetly, safeguarding the individual's dignity and integrity, in conformity with Law No. 19,628 on protection of personal information. A medical certificate, based on the corresponding examinations, shall be the only aceptable proof of drug dependence.

Any executive found subject to the incompatibility referred to in the first paragraph, together with his admission of the same to his superior, shall be assigned to a treatment and rehabilitation program in one of the institutions authorised by the Regulations. If (s)he completes this program satisfactorily, (s)he must then pass a toxicological and clinical consumption control, always in conformity with the safeguarding mechanisms referred to in the preceding paragraph. Nevertheless, rules on health conditions that are incurable or incompatible with the job shall still be applied when necessary.

  1. Section interpolated, as it appears in the text, by Section 74, letter b) of Law 20,000 published in the Official Gazette on 16 February 2005.