2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8802 - Phase III

(1) A plan for the temporary suspension of laws, collective bargaining agreements, precepts and agreements is hereby established in accordance with subsections (2) and (3) of this section.
(2) Date for the beginning of Phase III. — Phase III shall take effect immediately after the effective date of this act.
(3) Temporary suspension plan. —
(a) Scope. — With the beginning of Phase III, every clause, precept and/or provision contained in any law, collective bargaining agreement, agreement, supplementary agreement, policy, employment manual, circular letter, contractual letter, addendum, certification, employment regulation, rules and terms, normative letter, classification plan and/or compensation plan applicable to employees subject to the provisions of this chapter, is hereby temporarily suspended for a term not greater than that provided in clause (b) of this section, and with respect to:
(1) Raises in salary and fringe benefits, except in those circumstances in which they are extremely necessary and upon identification of the funds by the agency and express authorization of OMB.
(2) Training, skill building and development plans except in those circumstances in which they are extremely necessary and upon identification of the funds by the agency and express authorization of OMB.
(3) Leaves with pay for study, courses, seminars and workshops.
(4) Payment of tuition for employees and/or families.
(5) Scholarship programs for employees and/or families.
(6) Payment of differential in salaries for extraordinary conditions or for holding temporary positions.
(7) Bonuses such as those granted for productivity, performance, attendance, punctuality, and retirement.
(8) Granting of days and hours with pay and not chargeable to any leave.
(9) Additional retribution for abilities or competence.
(10) Raises for years of service.
(11) Raises for meritorious services.
(12) General raises.
(13) Annual monetary liquidation of the excess of accumulated sick leave; Provided, That, in this case, as a temporary alternate measure, the annual monetary liquidation of the sick leave not used during the year and which exceeds ninety (90) days, subject to its enjoyment, shall be made.
(14) Annual monetary liquidation of the excess of accumulated vacation leave when the employee has not been able to enjoy the same due to the needs of the service; Provided, That in this case, as an alternate temporary measure, the employee shall be compelled to enjoy the accumulated leave at the soonest date possible and should he/she fail to do so, he/she shall lose the right to monetary liquidation and to the enjoyment thereof.
(15) Promotions, demotions and/or transfers.
(16) Norms for retention and layoffs that contravene with what is adopted in this chapter.
(17) Downsizing of the workforce or layoff plans, as well as any provision that requires the observance of certain necessary measures prior to the implementation of any downsizing in the workforce or layoff.
(18) Norms for reinstatement and for the adoption of the registry of eligible persons.
(19) Any provision that prevents assigning tasks corresponding to employees, group of employees, employment classifications, grades or appropriate unit.
(20) Any provision that prevents the outsourcing of tasks assigned to a group of employees, employment classifications, grades, labor union, or appropriate union.
(21) Any provision on the limitations of managerial or administrative rights of the employer, excepting that which is not in conflict with this chapter.
(22) Any provision or clause through which the employer is bound to faithful compliance with what is agreed or pacted upon regarding the aspects that are in conflict with the provisions of this chapter.
(23) Requirements on the use of seniority, to the extent that the seniority provisions are contrary to the provisions of this chapter or that constitute a limitation to make changes in the functions, promotions, demotions, relocations, transfers, assignments or other transactions that are necessary to prevent that services be affected.
(24) Procedures for the resolutions of controversies, review and/or appeals that are in conflict with the provisions that, with respect to such areas, are provided in this chapter.
(25) Raises in the amount to be received as Christmas Bonus and Summer Bonus.
(26) Raises in the amount of employer contribution to the health and welfare plans.
(27) Payment of days off on account of birthday or funeral leave.
The effectiveness of all regulatory provisions or of those that are contained in documents such as policies, certifications, circular letters, addenda, employment rules and terms or employment manuals of any nature that provide for leaves with pay, other than those established by statute, is hereby suspended.
Likewise, the payment of any special leave that concurs with, and that grants compensation when the employee has availed him/herself of, the leaves provided by the “Temporary Disability Benefit Act” (SINOT, Spanish acronym), the “Compensation System for Work-Related Accidents Act” (State Insurance Fund), the “Chauffeurs and Other Employees Social Security Fund” (Chauffeur’s Social Security), or the “Automobile Accidents Social Protection Act” (ACAA, Spanish acronym), is also suspended; Provided, That the payment or compensation to be received shall be strictly limited to what is provided by such statutes and their regulations. Puerto Rico police officers and firefighters are hereby exempted from the application of this provision.
(b) Term of temporary suspension. — The suspension of the clauses and provisions described in clause (a) of this subsection shall be for a two (2)-year term counting from the effective date of this act. The Governor, however, may reduce this period through Executive Order, should the OMB certify that the economies resulting from the implementation of the mechanisms established by this chapter are enough to cover the objectives.
History —Mar. 9, 2009, No. 7, § 38—38.02; July 10, 2009, No. 37, § 42.