Law 2/2012, From March 15, Of Measures Of Containment Of Public Expenditure In The Area Of Personnel

Original Language Title: Llei 2/2012, del 15 de març, de mesures de contenció de la despesa pública en matèria de personal

Read the untranslated law here: https://www.bopa.ad/bopa/024015/Pagines/7646E.aspx

Law 2/2012, from March 15, of measures of containment of public spending in terms of personnel since the General Council in its session of March 15, 2012, has approved the following: law on measures of containment of public expenditure in the area of personal exhibition of illustrations and the economic crisis that has affected and still affects the surrounding countries has hit also , very remarkable, the Principality of Andorra. As a result, the economic growth of our country has been clearly damaged, and the public deficit has suffered a considerable increase, to the point that, despite the reform of the tax system that is in progress, it is unavoidable to adopt exceptional measures of cost containment to keep it controlled, and, together, they would not negatively affect the economic reactivation. This law is intended to implement some extraordinary measures aimed at reducing spending on public salaries, which should contribute to the achievement of that objective.

The measures are applicable extensively to all the charges and the staff of the public sector that depends on the general administration, considered very widely, regardless of the nature of their relationship, and affect the political offices and officers, all staff, both statutory and contractual and the positions and staff of public companies and parapublic entities. This aim of Government is based on the consideration that those fees will be met with public funds and in the application of criteria of remuneration analogy. For the same reasons, the measures are also extended to the transfers of funds intended for organizations that do not properly form part of the public sector, but that retribueixen his staff charged to the general budget of the transfers.

A first measure consists in reducing all the fees that exceed a certain threshold, which has been fixed in 3,000 € per month. It is a measure of temporary character, which is not intended to modify the salary grid established by the law on public function and the other applicable legal provisions, but only contain, for a time, the higher salaries.

The present regulatory body is not the tool to give continuity in time to the above-mentioned reduction but should be allowed to contain spending until the achievement of the comprehensive reform of the public function and status of all/a worker who perceives their retribution at the expense of the State budget, rules, these Yes, which must be embodied the foundations of a sustainable remuneration at the same time that they will have to design a professional projection system with the efficiency as a first reporter.

In order that the reduction is more easily understandable for all affected categories, your percentage is set initially at only 5%, and was increased gradually to reach the 10%. In particular, it has been defined the first section for the remuneration that fall between 3,000 and 4,500 euros, in which the reduction ranges from 5% to 6.5%. the second section affects the remuneration committee comprised between 4,500 and 6,000 euros, and the reduction percentage increasing from 6.5% to 10%; for the remuneration over 6,000 euros applies a linear reduction of 10%. The law contains the necessary provisions to prevent income affected by the exact reduction to below the threshold of € 3,000, to define what are the salary criteria that are taken into account, and to determine how it applies to the remuneration of staff who work part-time.

Another measure of cost containment is the temporary suspension of the complement of antiquity and the trienios of all the staff who receives remuneration for this add-on, with the understanding that the suspension does not affect add-ins or trienios that already are perceived, that are part of the established remuneration. With regard to trienios expectant, i.e. those for which, at the time of the suspension, it is in computing the period of three years that opens the right to receive them, it states that at the time when it meets that deadline, the person concerned will receive the proportional part of the premium that had been achievements, before the suspension.

The law also establishes the suspension of the economic effects of the performance management and evaluation system (Again). This instrument, created by the law on public function and part also in the law on the public function of the administration of Justice, has been very difficult to implement in practice, and has revealed a number of shortcomings which show that it is not suitable to achieve the contributions in terms of effectiveness and efficiency to be expected; for this reason, it is considered necessary to rethink it entirely.

It is expected, in the same way, the compulsory retirement of staff or parapublic entities of public law and public societies participated by the Government in reaching the 65-year-old, as he had already established the law of public function for the officials and agents of the general administration and the administration of Justice. A transitional provision regulates a special scheme for the application of this measure to the staff that has already reached the age mentioned in the time of the enactment of the law, or that is about to get there.

In the last, articulate some specific measures for the Andorran Health Care Service, for the service of telecommunications in Andorra and for the Forces Elèctriques d'Andorra, in order to take into account the remuneration structure of these entities.

The law is complemented by several additional provisions, which establish the appropriate ratings because the constitutional organs of the State to manage its budget independently adopt expenditure reduction measures also affecting the remuneration of its staff.

Article 1 scope of application 1. Are affected by the measures set out in this law the following remuneration: a) the head of the Government, Ministers, the Secretaries of State, ambassadors, the Secretary general of the Government, the head of the Cabinet of the head of the Government, the Chief of Protocol, and other senior officials and staff of special relationship of the general administration.

b) the personnel of the general administration and the administration of Justice, both of the statutory scheme as the contract.


c) The staff of the public or parapublic entities and other public bodies are linked organically to the general administration, including general managers and other executives, regardless of your type of connection. Are included in this group: the Caixa Andorrana de Seguretat Social (CASS); the Andorran Health Care Service (SAAS); the Telecommunications Service of Andorra (Andorra Telecom); Forces Elèctriques d'Andorra (FEDA); the Institut Nacional Andorrà de Finances (INAF); the training school of Sports and mountain Professions (EFPEM); the Institute of Andorran Studies (IEA); the Residencia Solà d'enclar; the University of Andorra, and the National Youth Forum.

of) the public societies staff depend on the general administration, including general managers and other executives, regardless of your type of connection. Are included in this group: radio and television of Andorra, SA; Cattlemen, SA; Andorra Turisme, S.a.u.; Waste treatment centre, SA, and Andorra development and investment, SAU.

2. Are also affected by the measures set out in this law, the remuneration of the members of the High Council of Justice, members of the legal and fiscal careers, and the magistrates of the Constitutional Court.

3. Are also included in the scope of application of this law requited with the General budget of the State to attend remuneration of staff in the school of the Holy family, the Mare Janer, the Sant Ermengol, and Specialized school our Lady of Meritxell.

Article 2 remuneration Reduction 1. From the date of entry into force of this law, all of the fixed remuneration of the charges and the staff included in the scope of application defined in the preceding article having an excess of 3,000 € monthly gross experience a reduction of between 5% and 10%, depending on the amount, which is calculated in accordance with that established in the following articles.

2. Reducing regulated in the previous section will be subject to review at the time of the entry into force of the modification of the law on public function and the regulation of the entities, we, the semipublic bodies or companies which satisfy salary of who there work provides its services in charge of the budget.

Article 3 criteria for implementation 1. For the purposes of the application of this law, are considered to be included in the fixed remuneration the following concepts: to) when it comes to civil servants, agents of the administration of indefinite or eventual, high-ranking officials of the Administration, or personnel of special relationship, the following rubrics: 99 (Base Salary), 100 (Base Salary), 101 (Preufetera Compensation), 103 (the Complement of site), 104 and 112 (Complement of improvement) 105, (Personal Premium old), 106 (the old), 109 (Supplement of absorption), 110 (Complement Court of Corts), 113 (Specific Premium), 118 (Prima Staff Tenure justice), 119 (Permanent Raw justice), 121 (Permanent Police Functions), 122 (Second additional provision Prison) 123 (IPC 2011), 170 (Reform Situation Premium), 180 (Old police), 242 (recognition of Leadership), 481 (IPC Retroactivity), 114 (shift work), 116 (Add management role) , 117 and 253 (Additional Liability premium), (218) Premium Canine Section, (241) Specificity police, 254 (thin, GRIM Firefighters), 255 (Prima Winter Activity), 256 (Prima Catex), 257 (Prima Education Coordination), 258 (arm Port), 259 (Cinòfila Brigade Policemen), 266 (Prima Permanence Step education), 271 (Forensic Guards), 272 (Prima justice), 475 (Prima Overseas Destination), 484 (Fixed Diets snow), 706 (housing), 726 (Target Premium Fire Step) , 727 (Fixed Diets justice), 728 (Police Special restraining devices), as well as all other rubric that by its very nature involves objectively the perception of a reward of the fixed rate, newspaper and/or systematic.

b) when it comes to personnel in the labour scheme, all fixed wage concepts that make up their salary, understanding, for this purpose, both the base salary as any other add-ons and additional premiums that do not have a character variable, including the premium of antiquity, and this regardless of the grade you deserve in accordance with the code of labour relations.

c) when it comes to public office, the total amount of the sums received by way of monthly salary or bonus.

2. The extraordinary payment of Christmas, and any other extraordinary payment to which it may be entitled the staff affected by this law, it is, to all intents and purposes as a stand-alone monthly. Consequently, it is not prorrateja to increase the amount of the ordinary monthly payments, and determines if there are applicable are the provisions of article 2 on the basis of their amount considered individually.

3. When it comes to staff that work with reduction in the working day, with one working day less than the ordinary in the Administration, organization, entity, company or in the Center which provides its services, or with partial dedication, we proceed as follows: a) is calculated which is the remuneration perceived time. In the case that it is not able to determine the actual number of hours of dedication, it is considered, for the purposes of this calculation, it is about half a day.

b) is calculated what is the monthly payment corresponding to the amount times mentioned, on a full working day.

c) determines if the reward mentioned there is applicable as of article 2 and, if so, the percentage of reduction applicable in accordance with article 4.

d) When appropriate, apply the percentage of reduction determined pursuant to the preceding paragraphs, in the reward really perceived by the person in question.

Article 4 The reduction percentage or percentage reduction coefficient (Q) applicable to monthly remuneration gross (R) of excess of 3,000 € is calculated by applying the following formulas: If R is 4,500 4,500 3,000 ', then if you R on R, then if 6,000 6,000 >, then Q = 0.10 Where: R = monthly gross Remuneration takes into consideration Q = percentage of reduction Article 5 Remuneration adjusted 1. The monthly payment you have to register the person affected by the reduction is calculated after you apply the percentage of reduction (Q) in each of the monthly gross salary concepts (C) that are taken into consideration.


2. When the gross remuneration of the official monthly (R) is located between 3,000 € and 3,157.89 €, the fit is about 3,000 €, as it expresses the following formula: If 3,157.89 ' R ' 3,000, then R = 3,000.

3. The body responsible for making the salaries of personnel or that the payment of the remuneration, must perform the calculation that corresponds according to the preceding sections so that the amount of the reduction will see reflected in the salary newsletter you expressly.

Article 6 the antiquity and trienios 1. The time elapsed from the date of entry into force of this law does not generate rights for the calculation of the premium or premium of antiquity or the trienios of the staff understood in article 1 that has the right to receive the remuneration mentioned, whatever their denomination.

2. With regard to the premium or premium service or three years that is in progress at the time this law comes into force, are still computing the time just for the purpose of determining when it completes the period of three years; at that time, the person concerned has the right to receive the proportional part of the premium or three years which corresponds to the time elapsed since the beginning of the computation and to this day they have begun to apply this law.

3. The preceding paragraphs apply analogous why the staff who have the right to receive a remuneration premium by reason of quadriennis or quinquennis.

4. The provision of paragraph (1) has effect for a period of three years. After this period, returns to compute the time for the purposes of the calculation of seniority premium, trienios, quadriennis or quinquennis of the staff who have the right to receive this concept.

Article 7 performance management system and evaluation of the application of the system of management and evaluation of the performance (the device) to the personnel of the general administration and the administration of Justice in the stages of management 2011-2012 and 2013-2014 does not give rise to any remuneration compensation.

Article 8 forced Retirement 1. All the staff or parapublic entities of public law and public societies participated by the general administration is retiring at the mandatory age of 65 years, if it has not been received prior to the possibility of early retirement. This forced retirement terminated the employment relationship.

2. Exceptionally, for needs of the service, the direction of the organization or society may agree with the worker the continuation of the employment relationship after the 65 years and, as a maximum, until you get to 70 years. The extension agreement must be formalized in writing, you must have a maximum duration of one year and can be renewed.

Article 9 Measures relating to the Andorran Health Care Service 1. In the case of the Andorran Health Care Service (SAAS), the wage concepts included in the fixed remuneration referred to in article 3.1. b) are: the base salary, the bonus of added liability or premium, the premium or premium assessment of workplace, career plan, the old, the premium and premium ad personam RX.

2. From the date of entry into force of this law: a) suppresses the system of management by objectives (DPO) and any remuneration by objectives agreed between the SAAS and its professionals.

This implies that removal professionals until the date of entry into force of this law perceived a remuneration for the performance of objectives the stop register from that date.

However, the Department can complete projects of improvement and innovation for the management and control boxes, but without financial compensation.

The remuneration corresponding to the goals already accomplished until the date of entry into force of this law shall be paid to the professionals who have the right.

b) Remains on hold the progression in the career Plan of SAAS to higher levels in the level (levels B to D). Maintaining the system of access to the level in all occupational categories.

c) When the premium or premium valuation of work place of SAAS is rewarding as a complement to variable activity carried out, the amount may not exceed 30% of the activity generated, or 65% of the base salary established by the scale of the occupational category of reference. In the event that exceeds the percentage mentioned, is reduced until it meets that condition.

3. The SAAS professionals who do not receive a salary basis for exercise in liberal regime but who receive a premium or premium added responsibility by reason of a position of command, experience a reduction in the amount of that premium or premium. The reduction is calculated by application of the percentage reduction means that SAAS apply to professionals who receive the same premium or premium and which are paid in wage scheme. The average percentage mentioned is calculated in the month in which the remuneration reduction comes into force and applies throughout the calendar year; the month of January next will proceed to a new spreadsheet, that is applied throughout the calendar year, and so every year, while this measure remains in force.

Article 10 Measures concerning the Telecommunications Service of Andorra and the electrical Forces of Andorra 1. The global amount of the variable remuneration of the staff of the Telecommunications Services of Andorra (Andorra Telecom) for the year 2012 experience a reduction of 50% in relation to the overall amount paid for the same concept during the year 2011.

2. the amount of the remuneration of the staff of variables the Forces Elèctriques d'Andorra (FEDA) for the year 2012 experience a reduction of 50% in relation to the overall amount paid for the same concept during the year 2011.

3. The law approved by the general budget of each exercise should encrypt the maximum global amount of variable remuneration of the staff of the Telecommunications Services of Andorra (Andorra Telecom) and of the Forces Elèctriques d'Andorra (FEDA), for the financial year in question. In the absence of express provision is understood to have extended the amount of the previous year.

Additional provisions First General Council and the governing bodies that are accountable to the General Council, in the exercise of their budgetary autonomy, can take measures to reduce fees affecting the staff in its service, the institution of the Ombudsman, the Court of accounts and the data protection agency.

Second Constitutional Court


The Constitutional Court, in the exercise of their budgetary autonomy, can take measures to reduce fees that affect the staff at your service.

Third transfer Retention the Ministry of finance and public function must practice, to the relevant budgetary items, the deductions that apply to comply with the expenditure reduction measures taken in accordance with the two preceding provisions.

The fourth Common empowers the Commons so that they can adopt, by means of regulations, provisions relating to the containment of public expenditure in the area of staff at your service, both statutory and contractual staff of the communal public companies, in terms equivalent to those provided for by this law.

Fifth calculation of perks for the calculation of the amount of the additional pension of retirement or passive rights of the personnel of the Administration that happen to the retirement situation during the term of the present law, the following rules apply: a) in the case of compulsory retirement, age, or disability retirement, work-related accident or prolonged illness , it takes into consideration the remuneration of the person who is retiring, without taking into account the reduction resulting from the application of article 2, when applicable.

b) in the case of voluntary retirement, will take into consideration the remuneration that corresponds to the person who is retiring, taking into account the reduction resulting from the application of article 2, when applicable. By the time they leave without effect the measures foreseen by this law, the pension is calculated so it will be calculated by application of the rules that are in force at that time.

Transitional provision 1. The staff affected by the application of article 8 which has already fulfilled the 65-year-old is retiring necessarily within a period of three months from the date of entry into force of this law, except for the Covenant of extension.

2. The staff affected by the application of article 8 which complies with the 65-year-old during the three months following the date of entry into force of this law, is retiring necessarily within a period of three months from the date of your birthday 65è, except an extension agreement.

Disposicións end First empowers the Government, the head of the Ministry of finance and public service in the field of its competence, and the competent organs of the organizations, public entities and public societies affected, for provisions and adopt the necessary measures for the development and implementation of the provisions of this law.

Second The present Law enters into force on the day of its publication in the official bulletin of the Principality of Andorra. However, the reduction of the remuneration provided for in article 2 comes into force on the first day of the month immediately following publication.

Casa de la Vall, 15 March 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília Bishop of Urgell of Andorra Co-prince Nicolas Sarkozy President of the French Republic, Co-prince of Andorra