Public Employment Law

Law 25,164 guarantees public employees subject to administrative disciplinary proceedings the right to defense, access to the case file, submission of evidence, appointment of a defense attorney, and due process of law. Any sanction imposed without respecting these guarantees may be challenged and declared null and void.

It is a constitutional right enshrined in Article 14 bis of the National Constitution. A permanent staff member cannot be removed from office without justified cause and due process. Employees hired under temporary arrangements do not enjoy the same protection, although case law has recognized rights when the temporary contract conceals a permanent employment relationship.

Through administrative appeals (reconsideration and hierarchical appeal) before the Administration. Once administrative remedies have been exhausted, the employee may initiate an administrative litigation action before the federal courts, with the right to reinstatement and payment of back wages.

Dismissal (cesantia) applies in cases of serious misconduct such as repeated absences or abandonment of service. Removal from office (exoneracion) is imposed for conduct of greater severity, such as intentional crimes related to the position. The main difference is that removal from office entails disqualification from re-entering the Public Administration.

There is no fixed legal deadline. In practice, proceedings may take between 6 and 18 months, depending on the complexity of the case and the workload of the investigating body. The employee retains their rights throughout the process.