Direct procurement is a modality by exception, i.e. the Management Contracts Act establishes a number of exceptional conditions for its execution, one of which is that there is only one supplier on the market for certain types of goods or services, but in this case, Sicop ±alan`s records indicate that there are more than 300 lawyers or companies available for employment law advice. Advising the community on legal issues requires public attention and advice on their legal concerns. In accordance with the Autonomous Regulation on Services and Organization of the Directorate-General for the Civil Service, Decree No. 35573-MP, the Legal Department is defined as the area responsible for advising the highest institutional hierarchical level and the intermediate levels in decision-making, which have legal significance at the internal level of the institution and outside the institutions that make up the civil service regime. also; Establish criteria to ensure the correct application of the legal order applicable in the actions of the Directorate-General in its relations with the bodies covered by the Civil Service Scheme and the bodies managed, for which the legal criterion of the legal field of the advisory body must be indicated. It is also responsible for continuously monitoring the policy and legislative environment and making changes to new products that legal dynamics require. Prior to a request from La Nación, Mayor Josefina confirmed by email that BDS had recommended to asesores Jurãdicos to condemn all articles in order to review them during renegotiation with the unions. However, since they were not satisfied with this statement, they consulted with the Ministry of Labour on the matter, and the response was that they could terminate the entire collective agreement “as private counsel put it” or do so in part with an “open” section to include other changes in the process. Professional experience: Ms Velázquez joined the Directorate-General for the Civil Service in June 2018. Throughout her professional experience, she has held various positions at the Ministry of Labour and Social Security, including: National Director of Pensions, Coordinator of the Special Arrangements Core of the Department of Granting Rights and, until June 2018, Head of the Legal Advice Department of the National Directorate of Pensions. She has also worked as a legal advisor in the Patent Department of the Municipality of San José and as a lawyer in the Department of Technical Services and Administrative Procedures of the Ministry of Justice and Leniency.
Since April 2020, the Municipality of San Josã has paid 44.3 million to the law firm BDS Asesores Jurãdicos for legal representation and advice in the context of the renegotiation© of the collective agreement. Despite the millionaire`s sum, however, the city council ignored the lawyers` recommendation to denounce all the articles of the collective agreement. This orientation is intended to support the mayor, council and municipal units in legal matters so that the actions of the municipality are in accordance with the appropriate legal framework. âThe decision on the partial appeal was taken by all parties; The administration, the unions and the council in a consensual manner, according to the appropriate legal criteria and in accordance with the law,” explained the municipal hierarch. In an interview last week, Durante defended his company`s actions and made sure it was acting within the legal framework. By law, inform all legal issues raised by the mayor, council or municipal units. In addition, employees benefit from a half-day off, which takes place on the 2nd. November of each year is paid ± or “to visit their deceased relatives”, up to two free days with salary to prepare appointments in termination procedures, as well as payment of 80% of dental expenses and subsidies for the purchase of lenses, orthopedic equipment©, dentures and school supplies. Although the tender poster sets this limit, sicop contains 11 orders for BDS Asesores Jurãdicos for 464 hours and 44.3 million, almost 15 million more than the initial budget. The hourly breakdown does not list the tasks to be carried out by the company or the products expected by the town hall in each case.
The current collective agreement provides for three additional days of leave for public servants ± do not report absences or delays in a year. It provides 17 days of leave for employees who have ± four years of service, 22 days for those with more than five± years of service and 30 days for those who have ± more than ten years. At these times, if the person was not late or missed, the three days of “Stamulo” are added. By order of the mayor, carry out investigations and administrative summaries, without prejudice to the fact that they may also be carried out by officials of a municipal unit under the control corresponding to that entity in this regard. The position of General Counsel reports directly to the Mayor. One of the articles that the municipality has not denounced is the eighth, which stipulates the payment of compensation to representatives of unions participating in the working committee. From January 2021 to March 2021, the company paid 107 million to 11 trade unionists to attend meetings, which sometimes last no more than half an hour. The municipality of San Josão© is in the process of renegotiating the collective agreement, but not all its articles. According to the Integrated Public Procurement System (SICOP), the award was made through©a shortened call for tenders (2020LA-000003-0015499999), in which only BDS Asesores Jurãdicos, a company represented by Marco Durante Calvo, participated. The tender poster is ±that the contractor must offer “external labour advice, judicial representation in labour procedures and collective agreement negotiation” for up to 300 hours and a budget of $30 million. Academic preparation: Diploma in law and notary, graduated from the Universidad Escuela Libre de Derecho.
He has additional training in the State of Costa Rica, public administration and government, international social security law, labor administration law, administrative contract, among others. Although the municipality of San Josã has in its structure a department of lawyers working full-time, in April 2020 © it decided to hire the law firm as a consultant in the renegotiation of the collective agreement. The legal department currently consists of a legal director, who is responsible for six lawyers, as well as a technician and an administrative assistant. According to Scicop, this is not the first time that BDS Asesores Jurãdicos has received contracts to advise the municipality of San Josã on the renegotiation of collective agreements and labor law, in 2018 © they received a direct contract (2018CD-000861-001549999999) for 15 million. Instruction in termination management processes and administrative claims to your knowledge. Compliance with the provisions described in Article 13 of the Civil Service Regulations. The trade unionist of the municipality of San Josã© earns more to attend meetings than for his salary In the interests of transparency and in order to avoid distortions of public debate through the means of information or the use of anonymity, the comments section is reserved for our subscribers to comment on the content of articles, not to the authors.