Royal Legislative Decree 5/2015, Of 30 October, Whereby Approves The Revised Text Of The Law Of The Basic Statute Of The Public Employee.

Original Language Title: Real Decreto Legislativo 5/2015, de 30 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto Básico del Empleado Público.

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Article uno.g) of law 20/2014, October 29, which is delegated to the Government the power to enact various texts consolidated, pursuant to article 82 et seq. of the Spanish Constitution, empowers the Government to adopt, within the period of twelve months from the entry into force of this law a consolidated text which integrates, duly regularized, clarified and harmonized, law 7/2007, of 12 April, the Basic Statute of the public employee, and the status of public employment provisions contained in rules of legal rank who changed it, and which, affecting its material scope, may, in appropriate enacted prior to the adoption by the Council of Ministers of the consolidated texts that come and has thus laid down therein.

Also, article two of the aforementioned law, plans that Royal legislative decrees issued in accordance with this law shall include the express repeal of rules that have been recast as well as those regulations in application and development of which are incompatible with the effected recast.

In accordance with the aforementioned enabling has been to prepare the revised text, following the criteria listed below are exposed.

First of all, has been to integrate all the changes made in law 7/2007, of 12 April, through various laws which have given a new wording to certain precepts, however, have introduced new provisions in a single text.

Secondly, and in accordance with the delegation conferred, the legal regime of public employment provisions contained in rules of legal rank that it been changed, understanding as such only those standards with the status of law and character of basic legislation, affecting in indisputable way the material scope of the law 7/2007 have been included in the text , April 12, and that they do not have a mere cyclical or temporary character, but that they have been approved with vocation of permanence.

On the other hand, the principle of legal certainty has guided throughout the preparation of this consolidated text.

In this sense, while at all times it has pursued the unifying aim that embody this kind of consolidated texts, which have been through the update, clarification and harmonization of the various laws that comprise it, resulted in a new text, complete and systematic.

It is understood that this unifying trend cannot be without prejudice so that inclusion in the revised text, properly integrated, all provisions that are necessary to prevent a loophole, as it is the case with the rules on the official University titles corresponding to previous management payable for income in public administrations; or those who, although they might have a temporary character, have not yet consummated to not have fulfilled the condition provided for it, the condition that in the majority of cases involves the adoption of the corresponding laws of development, as in the case of any other rules included in the single repealing provision of law 7/2007 12 April, whose repeal was expected that it would occur, as noted, when they come into effect laws of development, laws which in the majority of cases still not have approved.

Finally, and as a result of the operated integration, has been to adjust the numbering of provisions as a result of various derogations that already had occurred previously.

By virtue, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of October 30, 2015, have: single article. Adoption of the revised text of the law of the Basic Statute of the public employee.

Approves the revised text of the law of the Basic Statute of the public employee inserted below.

Sole additional provision. Regulatory referrals.

The references made to other provisions to the norms that are integrated in the consolidated text is approved, shall be made to the relevant precepts of the latter.

Sole repeal provision. Repeal legislation.

All provisions of equal or lower rank who are opposed to provisions in the present Royal Decree and the consolidated text that is approved, and in particular, the following shall be repealed: 1. law 7/2007, of 12 April, the Basic Statute of the public employee.

2. the final provision fifth of the law 40/2007, of December 4, measures in the field of Social Security.

3 disposal twenty third of law 39/2010, of 22 December, the State budget for 2011.

4. Article 11 of the Law 26/2011 from 1 August, of normative adaptation to the International Convention on the rights of persons with disabilities.

5. the final provision second law 27/2011, August 1, about updating, adaptation and modernization of the Social security system.

6 article 7, article 8, paragraphs one and two, article 11 and article 13, paragraph 1, of the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness.

7. the additional provision fourth law 9/2013, of 20 December, of control of the commercial debt in the sector public.

8. Article 28 and the transitional provision ninth law 15/2014, 16 September, from rationalization of the Public Sector and other measures of administrative reform.

9 disposal sixth law 9/2015, of 28 July, scheme of the staff of the national police.

10. Article 5 of law 25/2015, of 28 July, mechanism of second chance, the financial burden reduction and other measures of social order.

11. the final disposition fourth law 26/2015, of 28 July, modification of the system of protection of childhood and adolescence.

12 article 2 of Royal Decree-Law 10/2015, of September 11, which are awarded special credits and supplements of credit in the State budget and adopt other measures in matters of public employment and stimulus to the economy.

13. the ninth final disposition of General State budget law for the year 2016.

Sole final provision. Entry into force.

This Royal Legislative Decree and the text adopted shall enter into force the day following its publication in the "Official Gazette".

Still, the entry into force of the duration provided for paternity leave in the 49.c article) of the consolidated text, there will be in the terms provided for in the sixth transitional provision of the consolidated text.

Finally, the entry into force, paragraph 2 of article 50 and the provision additional sixteenth of a consolidated text, there will be January 1, 2016.

Given in Madrid, on October 30, 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO revised text of the law of the Statute basic of the employee public index title I. object and scope article 1. Object.

Article 2. Scope of application.

Article 3. Personal officer of local authorities.

Article 4. Staff with their own specific legislation.

Article 5. Staff of the State's society of post and telegraph.

Article 6. Civil service laws.

Article 7. Regulations applicable to the workforce.

Title II. Staff at the service of the public administrations.

Chapter i. Kinds of personnel.

Article 8. Concept and classes of public employees.

Article 9. Race officials.

Article 10. Interim officials.

Article 11. Workforce.

Article 12. Temporary staff.

Chapter II. Managerial staff.

Article 13. Professional managers.

Title III. Rights and duties. Code of conduct for public employees.

Chapter i. Rights of public employees.

Article 14. Individual rights.

Article 15. Individual rights exercised collectively.

Chapter II. Right to professional career and internal promotion. The evaluation of performance.

Article 16. Concept, principles and modalities of the professional career of career officials.

Article 17. Horizontal career of career officials.

Article 18. Internal promotion of career officials.

Article 19. Career and promotion of the workforce.

Article 20. The evaluation of performance.

Chapter III. Compensation rights.

Article 21. Determination of amounts and pay increases.

Article 22. Remuneration of officials.

Article 23. Basic remuneration.

Article 24. Supplementary remuneration.

Article 25. Remuneration of interim officials.

Article 26. Remuneration of employees in practices.

Article 27. Remuneration of the workforce.

Article 28. Compensation.

Article 29. Deferred compensation.

Article 30. Deduction of fees.

Chapter IV. Right to collective bargaining, representation and institutional participation. Right of Assembly.

Article 31. General principles.

Article 32. Collective bargaining, representation and participation of the workforce.

Article 33. Collective bargaining.

Article 34. Negotiation tables.


Article 35. Constitution and composition of the negotiation tables.

Article 36. General of negotiation tables.

Article 37. Materials subject to negotiation.

Article 38. Covenants and agreements.

Article 39. Representative bodies.

Article 40. Functions and legitimacy of representative bodies.

Article 41. The representative of the staff function guarantees.

Article 42. Duration of the representation.

Article 43. Promotion of elections for delegates and staff meetings.

Article 44. Electoral procedure.

Article 45. Extra-judicial settlement of collective disputes.

Article 46. Right of Assembly.

Chapter V. right to the day of work, permits and holiday.

Article 47. Day's work of public servants.

Article 48. Permissions of public officials.

Article 49. Permissions for reasons of personal, family and work-life balance, for reason of gender violence and for the victims of terrorism and their relatives.

Article 50. Holiday for public servants.

Article 51. Day of work, permits and labor employee vacations.

Chapter VI. Duties of public employees. Code of conduct.

Article 52. Duties of public employees. Code of conduct.

Article 53. Ethical principles.

Article 54. Principles of conduct.

Title IV. Acquisition and loss of the service relationship.

Chapter i. Access to public employment and acquisition of the service relationship.

Article 55. Guiding principles.

Article 56. General requirements.

Article 57. Access to public employment of nationals of other States.

Article 58. Access to public employment of Spanish officials of international organizations.

Article 59. People with disabilities.

Article 60. Organs of selection.

Article 61. Selective systems.

Article 62. Acquisition of the status of civil servant's career.

Chapter II. Loss of the service relationship.

Article 63. Causes of loss of the status of civil servant's career.

Article 64. Resignation.

Article 65. Loss of nationality.

Article 66. Main or accessory penalty of disqualification for public office or absolute.

Article 67. Retirement.

Article 68. The condition of official rehabilitation.

Title V. management of professional activity.

Chapter i. Human resources planning.

Article 69. Objectives and planning instruments.

Article 70. Public employment offer.

Article 71. Records of personnel and human resources management.

Chapter II. Structuring of public employment.

Article 72. Structuring of human resources.

Article 73. Performance and grouping of jobs.

Article 74. Management of jobs.

Article 75. Bodies and scales.

Article 76. Professional personal career official rating groups.

Article 77. Classification of the workforce.

Chapter III. Provision of jobs and mobility.

Article 78. Principles and procedures for provision of personal career official jobs.

Article 79. Competition provision of the jobs of the staff officer of career.

Article 80. Appointees with public call for personal career official.

Article 81. The personal officer of career mobility.

Article 82. Mobility for reason of gender violence and because of terrorist violence.

Article 83. Provision of jobs and mobility of the workforce.

Article 84. Voluntary mobility among public administrations.

Title VI. Administrative situations.

Article 85. Administrative situations of career officials.

Article 86. Active service.

Article 87. Special services.

Article 88. Service in other public administrations.

Article 89. Leave of absence.

Article 90. Suspension of functions.

Article 91. Return to active duty.

Article 92. The workforce situations.

Title VII. Disciplinary regime.

Article 93. Disciplinary responsibility.

Article 94. Exercise of disciplinary authority.

Article 95. Disciplinary fouls.

Article 96. Sanctions.

Article 97. Prescription of fouls and penalties.

Article 98. Disciplinary procedure and provisional measures.

Title VIII. Cooperation between public administrations.

Article 99. Relations of cooperation between public administrations.

Article 100. Cooperation bodies.

First additional provision. Specific scope.

Second additional provision. Application of the provisions of this Statute to the FORAL institutions.

Third additional provision. Officials of the cities of Ceuta and Melilla.

Fourth additional provision. Application of this Statute to the independent State-level authorities.

Fifth additional provision. Retirement of officials.

Sixth additional provision. Other professional groups without qualification requirement.

Seventh additional provision. Equality plans.

The eighth additional provision.

Ninth additional provision.

Tenth additional provision. Scope of article 87.3.

Eleventh additional provision. Military personnel who provide services in the civil administration.

Twelfth additional provision. Tables of negotiation in specific areas.

Thirteenth additional provision. Permission for private affairs by seniority.

Fourteenth additional provision. Additional days of vacation by seniority.

Fifteenth additional provision. Register of staff representation bodies.

Sixteenth additional provision. Permit paid to pregnant female employees.

First transitional provision. Guarantee of remuneration rights.

Second transitional provision. Fixed labour staff performing functions or positions classified as their own personal official.

Third transitional provision. Entry into force of the new professional classification.

Fourth transitional provision. Consolidation of temporary employment.

Fifth transitional provision. General Electoral procedure.

Sixth transitional provision. Duration of paternity leave for the birth, foster care or adoption of a child for the personal officer until the entry into force of the Act 9/2009, of 6 October.

Seventh transitional provision. Reference to the regulatory bodies.

Eighth transitory provision. Application of article 84.3.

Sole repeal provision.

First final provision. Enabling skills.

Second final provision.

Third final provision. Modification of the law 53/1984, of 26 December, incompatibilities of personnel at the service of the public administrations.

Fourth final provision. Entry into force.

Title I object and scope article 1. Object.

1. the present Statute aims to establish the basis of the statutory regime for public servants included in its scope.

2. also aims to determine the rules applicable to the workforce in the service of the public administrations.

3 this statute reflects, in the same way, the following fundamentals of action: to) service to citizens and the general interest.

b) equality, merit and ability in access and professional promotion.

(c) the submission to the law and to the right.

(d) equality of treatment between women and men.

(e) objectivity, professionalism and impartiality in the service guaranteed with security of tenure in the condition of civil servant's career.

(f) efficiency in the planning and management of human resources.

(g) development and permanent professional qualification of civil servants.

(h) transparency.

(i) evaluation and accountability.

(j) hierarchy in the allocation, management and performance of the functions and tasks.

(k) collective negotiation and participation, through the representatives, in the determination of the conditions of employment.

(l) cooperation between public administrations in the regulation and management of public employment.

Article 2. Scope of application.

1 this Statute applies to the staff officer and in which proceed to the workforce in the service of public administrations: to) the General State administration.

(b) the authorities of the autonomous communities and the cities of Ceuta and Melilla).

(c) the administrations of local authorities.

(d) public bodies, agencies and other entities of public law, with legal personality, own, linked or dependent on any of the public administrations.

(e) public universities.

2. in the application of this Statute to the research staff is may enact rules unique to match its peculiarities.

3. the teaching staff and the statutory staff of the health services shall be governed by the specific legislation issued by the State and by the autonomous communities in the field of their respective competencies and as provided in this Statute, except for chapter II of title III, article 20, and the articles 22.3, 24 and 84.

4. whenever this statute make mention to the personal career officer statutory staff of health services shall be understood.

5. the present Statute has suppletive character for the staff of public administrations not included in its scope.

Article 3. Personal officer of local authorities.


1. the personal officer of local authorities is governed by State law resulting from application, which is part these bylaws and by the legislation of the autonomous communities, with respect for local autonomy.

2. the Local police forces are also governed by these bylaws and by the legislation of the autonomous communities, except in established for them in the organic law 2/1986, of 13 March, forces and security corps.

Article 4. Staff with their own specific legislation.

The provisions of this Statute shall not apply directly unless so its specific legislation to be available it the following personnel: to) Personal staff member of the Cortes Generales and the legislative assemblies of the autonomous communities.

(b) staff officer of other constitutional organs of the State and of the statutory bodies of the autonomous communities.

(c) judges, magistrates, prosecutors and other staff officer in the service of the administration of Justice.

(d) military personnel of the armed forces.

e) personnel of the forces and security bodies.

(f) staff paid by tariff.

(g) the National Intelligence Center personnel.

(h) employees of the Bank of Spain and the deposit guarantee fund of credit institutions.

Article 5. Staff of the State's society of post and telegraph.

Personal official the post State society will be governed by its specific rules and additionally by the provisions of this Statute.

Its workforce is governed by labour legislation and other conventionally applicable rules.

Article 6. Civil service laws.

In development of this Statute, the Cortes Generales and the legislative assemblies of the autonomous communities shall be approved, in the scope of their powers, the regulatory laws of the public function of the General Administration of the State and the autonomous communities.

Article 7. Regulations applicable to the workforce.

The workforce in the service of the public administrations is governed, in addition to by labour legislation and other rules conventionally, by the precepts of this Statute so it fitted with.

Title II staff at the service of public administration chapter I kinds of personnel article 8. Concept and classes of public employees.

1. are public employees who perform functions paid in public administration at the service of the general interest.

2 civil servants are classified into: to) career.

(b) interim officials.

(c) staff, either fixed, for temporary or indefinite time.

(d) temporary staff.

Article 9. Race officials.

1 they are career officials who, by virtue of legal appointment, are attached to a public administration by a statutory relationship regulated by administrative law for the performance of paid professional services of a permanent nature.

2. in any case, the exercise of the functions that involve direct or indirect participation in the exercise of public powers or the safeguarding of general interests of the State and public administrations are public servants, in the terms that the law of development of each public administration be established.

Article 10. Interim officials.

1 are interim officials that, by expressly justified reasons of necessity and urgency, are appointed as such for the performance of functions of career, where any of the following circumstances: to) the existence of vacancies when your coverage by race officials.

(b) the temporary replacement of holders.

(c) the implementation of programmes of temporary character, which may not have a duration more than three years, extendable up to twelve months by the laws of civil service that are handed down in development of this Statute.

(d) excess or accumulation of tasks by a maximum period of six months, within a period of twelve months.

2. the selection of temporary staff shall be made by Agile procedures that respect the principles of equality, merit and ability and advertising in any case.

3. the cessation of interim officials will occur, in addition to the reasons provided for in article 63, at the end of the cause that gave rise to his appointment.

4 in the case referred to in the letter to) of paragraph 1 of this article, the vacancies by interim officials must be given in the offer of employment for the year in which his appointment occurs, and if they were not possible, the next, except that decide their depreciation.

5 apply to interim officials, as appropriate to the nature of his condition, the general scheme of career officials.

6. the interim staff whose designation is a consequence of the implementation of programmes of temporary unavailable or excess accumulation of tasks by a maximum period of six months, within a period of twelve months, may provide the services entrusted to him in the administrative unit in which his appointment occurs or in other administrative units that perform similar functions provided that, respectively, these units participate in the scope of this programme of temporary nature, with the designated limit of duration in this article, or are affected by the above accumulation of tasks.

Article 11. Workforce.

1 workforce which under contract of employment entered into in writing, in any of the forms of recruitment laid down in labour legislation, provides services paid by public administrations. Depending on the duration of the agreement this shall be fixed, for temporary or indefinite time.

2. the laws of civil service that are handed down in development of this Statute shall establish the criteria for the determination of the jobs that may be carried out by staff, respecting in any case the provisions of article 9(2).

Article 12. Temporary staff.

1 is temporary staff who, under appointment and not permanently, only does functions expressly qualified as confidence or advice special, being rewarded with budgetary appropriations allocated for this purpose.

2. the laws of civil service that are handed down in development of this Statute will determine the governing bodies of public administrations that may have this type of staff. The maximum number is established by the respective governing bodies. This number and remuneration conditions shall be public.

3. the appointment and dismissal will be free. The EESC will take place, in any case, when there is that of the authority which provided the confidence or advisory function.

4. the condition of temporary personnel may not constitute merit for access to the civil service or the internal promotion.

5 apply to the temporary staff, in what is appropriate to the nature of his condition, the general scheme of career officials.

Chapter II management staff article 13. Professional managers.

The Government and the governing bodies of the autonomous communities may establish, in development of this Statute, the specific legal regime of the managerial staff as well as the criteria to determine its condition, agreement, among others, with the following principles: 1. is managers which develops professional roles in public administrations, as defined in the specific standards of each administration.

2. your designation will serve early merit and ability and suitability criteria, and will take place through procedures that ensure publicity and concurrence.

3. the managerial staff will be subject to evaluation in accordance with the criteria of effectiveness and efficiency, responsibility for the management and control of results in relation to the objectives that have been set for them.

4. the determination of the conditions of employment of management staff will have no consideration of the subject matter of collective bargaining for the purposes of this Act. When managers meet the condition of labor personnel will be subject to the employment relationship of the special character of senior management.

Title III rights and duties. Code of conduct for public officials chapter I rights of public employees article 14. Individual rights.

Public employees have the following rights of individual character in correspondence with the legal nature of their relationship of service: to) to security of tenure in the condition of civil servant's career.

(b) to the effective performance of functions or tasks of their professional status and in accordance with the progress achieved in his career.

(c) to the progression in career and internal promotion according to constitutional principles of equality, merit and capacity through the implementation of objective and transparent evaluation systems.

(d) to receive remuneration and allowances on the basis of the service.

e) to participate in the achievement of the objectives attributed to the unit where provision of services and to be informed by their superiors of the tasks to be developed.


(f) to the legal defence and protection of the public administration in the procedures that are followed before any judicial order as a result of the legitimate exercise of their functions or public office.

(g) continuous training and updating of their knowledge and professional skills, preferably during working hours.

(h) to respect your privacy, sexual orientation, self-image and dignity at work, especially against sexual harassment and gender, moral and professional.

(i) to the non-discrimination by reason of birth, racial or ethnic origin, gender, sex or sexual orientation, religion or belief, opinion, disability, age or any other condition or personal or social circumstance.

(j) to the adoption of measures that favour the reconciliation of personal, family and working life.

(k) to freedom of expression within the limits of the legal system.

(l) to receive effective protection in the field of safety and health at work.

(m) to holidays, rest breaks, permits and licenses.

(n) to retirement according to the terms and conditions set forth in the applicable standards.

(o) to Social Security benefits corresponding to the regime that will be of application.

(p) to freedom of professional association.

(q) to the other rights recognized by the legal system.

Article 15. Individual rights exercised collectively.

Public employees have the following individual rights which are exercised collectively: a) freedom of Association.

(b) collective bargaining and participation in the determination of working conditions.

(c) on the exercise of the strike, with the guarantee of the maintenance of essential community services.

(d) to the approach of collective labour disputes, in accordance with the applicable legislation in each case.

(e) to the of meeting, in the terms established in article 46 of this Statute.

Chapter II right to internal promotion and career. Article 16 performance evaluation. Concept, principles and modalities of the professional career of career officials.

1 race officials shall be entitled to the promotion.

2. the career is the ordered set of emerging opportunities and expectations of progress professional in accordance with the principles of equality, merit and ability.

To this end public administrations promote the updating and improvement of the professional qualification of its career officials.

3 laws of civil service that are handed down in development of this Statute will regulate the applicable career in each field which may consist, inter alia, in isolated or simultaneous application of one or more of the following modalities: a) horizontal career, which consists of the progression of degree, category, step or other similar concepts, without the need for shift work and in accordance with the provisions of the letter b) of article 17 and in paragraph 3 of article 20 of the Statute.

(b) vertical race, which consists of the ascent in the structure of jobs by providing procedures set out in chapter III of title V of this Statute.

(c) promoting internal vertical, which consists of the ascent from a body or scale of a subset, or a group of professional classification in the event that this does not have subset, another superior, in accordance with article 18.

(d) internal horizontal promotion, which consists of access to bodies or scales of the same professional subgroup, in accordance with the provisions of article 18.

4 race officials may progress simultaneously in the modalities of horizontal and vertical career when the corresponding Administration has implemented them in a same area.

Article 17. Horizontal career of career officials.

The laws of civil service that are handed down in development of this Statute may define the horizontal career of officials of career, being able to apply, among others, the following rules: a) a system of grades, categories, or climb stairs will be articulated fixing the remuneration to each of them. Promotions will be consecutive with character, except in those exceptional cases in which another possibility is foreseen.

b) must be carried path and performance, the quality of the work performed, the knowledge acquired and the result of the evaluation of the performance. Other merits and skills may also be included because of the specificity of the function developed and lessons learned.

Article 18. Internal promotion of career officials.

1. the internal promotion will take place through selective processes that ensure compliance with the constitutional principles of equality, merit and ability as well as those referred to in article 55.2 of this Statute.

2. officials must possess the requirements for admission, have an antiquity of at least two years of active service in the lower subgroup, or group of professional classification, on the assumption that this has no subgroup and pass corresponding selective testing.

3. the laws of civil service that are handed down in development of this Statute structured systems for internal promotion, as well as they may also determine the bodies and scales that can access career officials belonging to others of their same subgroup.

Also the laws of civil service that are handed down in development of this Statute may determine the bodies and scales that can access career officials belonging to others of their same subgroup.

4. the public administrations shall take measures that encourage the participation of their staff in the selective processes of internal promotion and career progression.

Article 19. Career and promotion of the workforce.

1. the staff shall be entitled to professional promotion.

2. the professional career and the promotion of the workforce will be effective through the procedures laid down in the Statute of workers or collective agreements.

Article 20. The evaluation of performance.

1. the public administrations shall establish systems that allow the evaluation of the performance of their employees.

The performance evaluation is the procedure by which is measured and valued the professional conduct and performance or the achievement of results.

2 performance evaluation systems, in any case, to satisfy criteria of transparency, objectivity, impartiality and non-discrimination and shall apply without prejudice to the rights of public employees.

3. public administrations will determine the effects of evaluation on horizontal career, training and the provision of jobs and in the perception of the complementary fees provided for in article 24 of the present Statute.

4. the continuity in a job obtained by competition will be linked to the performance evaluation in accordance with the evaluation systems determined by each public administration, giving hearing to the person concerned, and for the corresponding reasoned ruling.

(5. the application of the horizontal career of complementary remuneration arising from subparagraph (c)) of article 24 of the present Statute and the cessation of employment obtained by the procedure of contest will require prior approval, in each case, of objective systems that allow to evaluate the performance in accordance with paragraphs 1 and 2 of this article.

Chapter III remuneration rights article 21. Determination of amounts and pay increases.

1. the amounts of the basic remuneration and the increase of the amounts of complementary remuneration of officials, as well as the increase in the wage of the workforce, be reflected for each financial year in the corresponding budget law.

2 they may not agree compensation increases globally involving an increase in the wage bill exceeding the limits set annually in the General State budget Act for the staff.

Article 22. Remuneration of officials.

1. the remuneration of career officials are classified into basic and complementary.

2. Basic earnings are those that give back to the official according to the secondment of their body or to a particular subgroup or a group of professional classification, on the assumption that this has no subgroup, and scale by their seniority in the same. Among them are salary components and the extra payments triennia.

3 complementary benefits are that giving back the characteristics of jobs job, career or performance, performance or results achieved by the officer.

4 the extra payments will be two per year, each in the amount of a monthly basic remuneration and all additional fees, except those referred to in paragraphs c) and (d)) of article 24.

5 you can do not perceive participation in taxes or any other income of the public administrations as consideration of any service, participation or award in fines, even though they were normatively attributed to services.

Article 23. Basic remuneration.


Basic fees, which are set in the General State budget Act, will be integrated solely by: a) the salary assigned to each subgroup or a group of professional classification, on the assumption that this has no subgroup.

(b) the triennia, consisting of an amount, which will be the same for each subgroup or a group of professional classification, in the event that this does not have subset, for every three years of service.

Article 24. Supplementary remuneration.

The amount and structure of the complementary remuneration of officials shall be established by the corresponding laws of every Government attending, among others, the following factors: a) the progress achieved by the official within the administrative system.

(b) the special technical difficulty, responsibility, dedication, total incompatibility for the performance of certain jobs or the conditions in which the work is developed.

(c) the degree of interest, initiative or effort with which the official plays his work and performance or results.

(d) the extraordinary services provided outside the normal working day.

Article 25. Remuneration of interim officials.

1. interim officials shall receive basic pay and the extra payments corresponding to the subgroup or group affiliation, on the assumption that this has no subgroup. They will also receive remuneration additional to paragraphs refer b), c) and (d)) of article 24 and the corresponding to the category of entry into the body or scale in which name you.

2. it will recognize the triennia relating to services rendered prior to the entry into force of this Statute that will take retributive effects only after the entry into force of the same.

Article 26. Remuneration of employees in practices.

Public administrations will determine the remuneration of the officials in practices that, at a minimum, correspond to the of the salary of the subgroup or group, in the event that this does not have subset, that aspire to enter.

Article 27. Remuneration of the workforce.

The remuneration of the workforce will be determined in accordance with the labour legislation, the collective agreement that is applicable and the employment contract, respecting in any case the provisions of article 21 of this Statute.

Article 28. Compensation.

Officials will receive corresponding compensation on the basis of the service.

Article 29. Deferred compensation.

Public authorities can allocate quantities up to the percentage of the wage that is set in the corresponding laws of the State budget to finance contributions of pensions from employment or collective insurance contracts that include the contingency of retirement coverage, staff included in their areas, in accordance with the rules governing pension plans.

The amounts intended to finance contributions to pension or insurance plans shall be regarded as deferred compensation for all purposes.

Article 30. Deduction of fees.

1. without prejudice to the disciplinary sanction that may correspond, the part of unrealized day will lead to proportional deduction of assets, which will not be sanctioning character.

2. those who exercise the right to strike shall not accrue or receive remuneration corresponding to the time they have remained in that situation without that deduction of assets made nature of punishment, nor affect the respective regime of their social benefits.

Chapter IV right to collective bargaining, representation and institutional participation. Right of Assembly article 31. General principles.

1. public employees have the right to collective bargaining, representation and institutional participation for the determination of their working conditions.

2. collective bargaining, for the purposes of this Act, means the right to negotiate the determination of working conditions of the employees in the public service.

3. representation, for the purposes of this Act, means the Faculty of choosing representatives and constitute unitary bodies through which the dialogue between the public administration and its employees is instrumente.

4. institutional participation, for the purposes of this Act, means the right to participate, through trade union organizations, in the organs of control and monitoring of entities or organizations to be legally determined.

5. the exercise of the rights laid down in this article is guaranteed and is conducted through bodies and specific systems covered in this chapter, without prejudice to other forms of cooperation between public authorities and public employees or representatives of these.

6. the most representative trade union organizations in the field of public service are entitled for the interposition of resources via administrative and jurisdictional against resolutions of the organs of selection.

7. the exercise of the rights established in this chapter shall comply in any case the content of the present Statute and the laws of development laid down in the same.

8. procedures for determining conditions of employment in the public administrations shall take into account the provisions laid down in the conventions and international agreements ratified by Spain.

Article 32. Collective bargaining, representation and participation of the workforce.

1. the collective bargaining, representation and participation of public employees with a contract of employment is governed by labour legislation, without prejudice of the provisions of this chapter which they explicitly apply.

2. ensures compliance with collective agreements and agreements affecting the workforce, unless exceptionally and for serious cause of public interest derived from a substantial alteration of the economic circumstances, the governing bodies of public administrations suspending or modifying the performance of collective agreements or agreements to the extent strictly necessary to safeguard the public interest.

In this case, public administrations must inform trade union organizations of the causes of the suspension or modification.

For the purposes of the provisions of this paragraph, means, among other things, that there is serious cause of public interest arising from the substantial alteration of economic circumstances when public administrations should take measures or plans of adjustment, rebalancing the public accounts or economic financial disclosures to ensure budgetary stability or the correction of the deficit.

Article 33. Collective bargaining.

1 collective bargaining on working conditions of civil servants that will be subject to the principles of legality, budgetary coverage, mandatory, good faith negotiation, publicity and transparency, will be made through the exercise of representative capacity recognized trade union organizations in the articles 6.3. c); 7.1 and 7.2 of the organic law 11/1985, 2 of August, freedom of Association, and the provisions of this chapter.

To this effect, it shall constitute negotiation tables where will be entitled to be present, on the one hand, the corresponding public administration, and other representatives, the most representative State-level trade unions, trade union organizations most representative of the autonomous community, as well as unions who obtained 10 per 100 or more of the representatives in the elections for delegates and staff meetings in electoral units included in the specific field of its Constitution.

2. public authorities may order the activities of collective bargaining to bodies created by them, of a strictly technical nature, which shall be entrusted their representation in collective bargaining previous political instructions appropriate and without prejudice to the ratification of the agreements reached by Government or administrative bodies with competence for this.

Article 34. Negotiation tables.

1. for the purposes of collective bargaining for public servants, shall constitute a General table of negotiating at the level of the General Administration of the State, as well as in each of the autonomous cities of Ceuta and Melilla and local entities.

2. it is recognized the business legitimacy of associations of municipalities, as well as local authorities in supramunicipal scope. For this purpose, municipalities can join prior or subsequent way collective bargaining is carried out in the field concerned.

Also, an administration or public entity may accede to the agreements reached within the territory of each autonomous community, or the agreements reached at a supramunicipal scope.

3 are competencies of the General tables the negotiation of matters related to working conditions common to its field officers.


4. depending on the General tables of negotiation and agreement of the same sectoral tables, may act in accordance with the specific conditions of work of administrative organizations affected or to the peculiarities of specific sectors of civil servants and their number.

5. the competence of the sectoral tables will be extended to the common themes to the officials of the sector which have not been subject to decision by the respective General table which is explicitly forward them or delegate.

6. the negotiation process will open on each table, on the date which, by common agreement, set the corresponding management and the majority of Union representation. In the absence of agreement, the process will begin within a maximum of one month since the majority of entitled parties promotes it, unless there are legal or agreed causes that prevent it.

7. both parties shall be obliged to negotiate on the principle of good faith and provide each other the information required concerning the negotiation.

Article 35. Constitution and composition of the negotiation tables.

1. the tables to refer articles 34, 36.3 and additional provision twelfth of this Statute shall be validly constituted when, in addition to the representation of the corresponding administration, and without prejudice to the right of all unions legitimised to participate in them in proportion to their representation, such unions represent, as a minimum, the absolute majority of the members of the organs of representation in the field concerned.

2. the variations in the trade union representativeness, for purposes of modification in the composition of the negotiation tables, will be credited by the trade union organizations concerned, by means of the corresponding certificate of the competent registry public office, every two years from the initial date of incorporation of the above tables.

3. the designation of the components of the tables will correspond to the negotiating parties may be assisted in the deliberations of advisors, who will participate with voice but without vote.

4 the rules of development of the present Statute is set to the membership tables corresponding to their areas, unless any of the parties does not exceed the number of fifteen members.

Article 36. General of negotiation tables.

1. it is a General table of negotiation of the public administrations. The representation of these will be unified, will be chaired by the General Administration of the State and will include representatives of the autonomous communities of the cities of Ceuta and Melilla and the Spanish Federation of municipalities and provinces, depending on the subjects to negotiate.

The representation of the trade union organizations entitled to be present in accordance with the provisions of articles 6 and 7 of the organic law 11/1985, 2 of August, on freedom of Association, will be distributed on the basis of the results obtained in the elections to representative bodies of staff, staff delegates, staff meetings and committees of company , on the set of public administrations.

2 will be commodities subject to negotiation in this table the related article 37 of this Statute which are subject to State regulation as a matter of basic standard, without prejudice to the agreements that could reach the communities shared in respect of civil service and autonomous in their corresponding territorial area under its exclusive competence.

Negotiated within the scope of the General table of public administrations will be specifically the global increase in the remuneration of staff in the service of the public administrations concerned to include in the Bill of the State budget for each year.

3. to negotiate all matters and working conditions common to the personal officer, statutory and labour of each public administration, will be in the General Administration of the State, in each of the autonomous communities, cities of Ceuta and Melilla and local authorities a General negotiation table.

They are applicable to these General tables the criteria set out in the previous section about representation of trade union organizations at the General table of negotiation of the public administrations, taking into account in each case the results of the elections to bodies representing staff official and work in the corresponding field of representation.

In addition, they will also be present at these General tables, the trade union organizations that are part of the General table of negotiation of the public administrations whenever they were caught 10 per 100 representatives to staff officer or staff in the field corresponding to the table in question.

Article 37. Materials subject to negotiation.

1 will be subject to negotiation, in their respective field and in relation to the competence of each public administration and to the extent that legally appropriate in each case, the following matters: a) the implementation of the increase in the remuneration of staff in the service of the public administrations, established by the law of the State budget and of the autonomous communities.

(b) the identification and implementation of complementary remuneration of officials.

(c) the rules that establish the general criteria in terms of access, provision, career, systems of classification of jobs, and plans and instruments of human resource planning.

(d) the rules that set the criteria and general mechanisms in the area of performance evaluation.

(e) supplementary Social security schemes.

(f) the general criteria of plans and funds for training and internal promotion.

(g) the general criteria for the determination of social benefits and pensions for passive classes.

(h) proposals on trade union rights and participation.

(i) the general criteria of social action.

(j) those so established in the regulations of occupational risk prevention.

(k) that affect working conditions and remuneration of officials, whose regulation required by rule with the status of law.

(l) the general criteria on public jobs.

(m) concerning work schedule, hours, days, holidays, permits, functional and geographical mobility, as well as the general criteria on the strategic planning of human resources, on those aspects that affect working conditions of public employees.

2 are excluded from the obligatory nature of bargaining, the following matters: a) the decisions of public authorities which affect his powers of organization.

When the consequences of the decisions of public authorities which affect his powers of organization have impact on working conditions of public servants referred to in the preceding paragraph, shall be the negotiation of these conditions with the trade union organizations referred to in this Statute.

(b) the regulation of the exercise of the rights of citizens and of the users of public services, as well as the procedure for formation of the acts and administrative provisions.

(c) the determination of working conditions of managerial staff.

(d) the powers of direction and control of the hierarchical relationship.

(e) the regulation and specific determination, in each case, of systems, criteria, organs and procedures of access to public employment and career development.

Article 38. Covenants and agreements.

1. in the bosom of the relevant bargaining tables, representatives of public administrations may conclude pacts and agreements with the representation of the trade unions legitimised for such purposes, for the determination of working conditions of officials of these authorities.

2. the Covenants held on matters that strictly correspond to the area of competence of the administrative organ that subscribes to it and shall apply directly to the staff of the field concerned.

3. the agreements focus on materials competence of the governing bodies of public administrations. Express and formal approval by these bodies will require for their validity and effectiveness. When such agreements have been ratified and affect subjects that may be determined definitively by the governing bodies, the same content will be directly applicable to the personnel included in its scope of application, without prejudice to formal effects is required the amendment or repeal, in its case, of the corresponding regulations.

If ratified agreements deal with matters subject to reservation of law which, as a result, only can be determined definitively by the Cortes Generales or the legislative assemblies of the autonomous communities, its contents will lack direct effectiveness. However, in this case, the respective body that has legislative initiative will proceed to the elaboration, adoption and referral to the Cortes Generales or legislative assemblies of the autonomous communities of the corresponding Bill in accordance with the content of the agreement and within the period which it had agreed.


When it there is lack of ratification of an agreement or, where applicable, a negative express to incorporate what was agreed in the corresponding Bill, is should start the renegotiation of the treated subjects in within a month, if so at least most of one of the Parties requests it.

4. the Covenants and agreements shall determine parties that arranged, the personal, functional, territorial and temporal scope, as well as the form, term of notice and complaint by the same conditions.

5. be established joint commissions of follow-up of the Covenants and agreements with the composition and functions governing the parties.

6. the concluded agreements and treaties, once ratified, must be sent to the public office that each competent authority determines and the respective authority shall order its publication in the Official Gazette that corresponds according to the territorial scope.

7. in the event that there is agreement in the negotiation or renegotiation provided for in the last subparagraph of paragraph 3 of this article and once exhausted, in his case, out-of-court dispute resolution procedures, the governing bodies of public administrations shall establish the conditions of work of officials with the exceptions referred to in paragraphs 11 12 and 13 of this article.

8. the Covenants and agreements which, in accordance with the provisions of article 37, contain materials and general working conditions common to the personal officer and labor, will have consideration and purposes provided in this article for civil servants and in article 83 of the Statute of workers for the workforce.

9 pacts and agreements in their respective fields and in relation to the competence of each public administration, may establish the structure of collective bargaining as well as set the rules that have to resolve concurrency conflicts between negotiations of different scope and criteria of primacy and complementarity between the different bargaining units.

10. ensures compliance with the Covenants and agreements, unless exceptionally and for serious cause of public interest derived from a substantial alteration of the economic circumstances, the governing bodies of public administrations suspend or modify compliance with covenants and agreements already signed, to the extent strictly necessary to safeguard the public interest.

In this case, public administrations must inform trade union organizations of the causes of the suspension or modification.

For the purposes of the provisions of this paragraph, means, among other things, that there is serious cause of public interest arising from the substantial alteration of economic circumstances when public administrations should take measures or plans of adjustment, rebalancing the public accounts or economic financial disclosures to ensure budgetary stability or the correction of the deficit.

11. unless otherwise agreed, the Covenants and agreements shall be extended from year to year if not mediate complaint expresses one of the parties.

12. the validity of the content of the Covenants and agreements after its duration, occurs in the terms that they have established.

13. the Covenants and agreements which happen repealed others earlier in its entirety, except for what is expressly agreed to maintain.

Article 39. Representative bodies.

1. the specific representation of officials bodies are delegates of personnel and staff meetings.

2. in electoral units where the number of staff is equal to or greater than 6 and less than 50, its representation will correspond to the staff delegates. Up to 30 officers, a delegate will choose, and from 31 to 49 will be elected three, which shall exercise its representation jointly and together.

3. the boards of staff constitute in electoral units that have a minimum census of 50 staff.

4. the establishment of the electoral units will be regulated by the State and by each autonomous community within the scope of its legislative powers. Agreement with the trade union organizations legitimized in articles 6 and 7 of the organic law 11/1985, 2 of August, on freedom of Association, the governing bodies of public administrations may modify or establish electoral units due to the number and peculiarities of their collective, adapting the same settings to the administrative structures or areas of negotiation constituted or which constitute.

5. each Board's staff consists of a number of representatives, the number of officials of the corresponding electoral unit, in accordance with the following scale, consistent with the provisions of the Statute of workers: from 50 to 100 officers: 5. 101 to 250 officers: 9. 251 to 500 officers: 13.

501 to 750 officers: 17.

From 751 to 1,000 staff: 21.

From 1001 onwards, two for each 1,000 or fraction, with a maximum of 75.

6. joints of staff shall elect from among its members a Chairman and a Secretary and shall draw up its own rules of procedure, which shall not contravene the provisions of the present Statute and laws of development, by sending copy of the same and their modifications to the body or bodies in respect of staff determined by each administration. Regulation and its amendments shall be approved by the favorable vote of at least two thirds of its members.

Article 40. Functions and legitimacy of representative bodies.

1 las Juntas of staff and delegates of personnel, where appropriate, will have the following functions, in their respective fields: to) information on personnel policy, as well as data concerning the evolution of earnings, likely evolution of employment in the field concerned and performance improvement programs.

(b) to issue report, at the request of the corresponding public administration, on the total or partial transfer of facilities and implementation or revision of their systems of organization and methods of work.

(c) be informed of all the sanctions imposed for very serious misconduct.

(d) have knowledge and be heard on the establishment of working time and working hours, as well as the regime of holidays and permissions.

(e) to monitor compliance with regulations in the field of working conditions, prevention of occupational hazards, Social Security and employment and exercise, where appropriate, legal action before the competent bodies.

(f) collaborate with the relevant administration to achieve the establishment of measures seek maintenance and increase productivity.

2 joints of staff, jointly, by majority decision of its members and, where appropriate, staff delegates, together, will be eligible to start, as interested parties, appropriate administrative procedures and exercise actions in administrative or judicial way in regard to the scope of their functions.

Article 41. The representative of the staff function guarantees.

1 members of the boards of the staff delegates, in his case, as legal representatives of officials and staff, shall be provided in the exercise of its function of the following guarantees and rights: to) access and free movement by the units of its electoral unit, unless it interferes with the normal functioning of the corresponding administrative units and within normal working hours with the exception of areas which are reserved in accordance with the provisions of the legislation in force.

(b) the free distribution of publications relating to professional and Trade Union issues.

(c) the audience in disciplinary cases that could undergo its members during the time of its mandate and the immediately following year, without prejudice to the audience the regulated interested in the sanctioning procedure.

(d) a credit of hours monthly within the working time and paid as of effective work, in accordance with the following scale: up to 100 officials: 15.

101 to 250 staff: 20.

251 to 500 staff: 30.

501 to 750 staff: 35.

Of 751 onwards: 40.

Members of the personnel board and staff of the same nomination delegates showing so it may proceed, after communication to the body that holds Chief of staff to that exercised its representation, the accumulation of time credits.

(e) not be moved nor punished for reasons related to the exercise of its mandate representatively, for the same period, or in the year following its extinction, with the exception of extinction which takes place by revocation or resignation.

2 members of staff meetings and staff delegates may not be discriminated against in their training or their economic or professional promotion on the basis of the performance of its representation.


3. each of the members of the personnel board and as College, as well as the staff delegates, if any, shall observe professional secrecy in relation to matters that management point expressly reserved character, even after expiry of its mandate. In any case, no reserved document delivered by the Administration can be used beyond the strict scope of management for purposes other than which motivated his delivery.

Article 42. Duration of the representation.

The mandate of the members of boards of staff and of the staff delegates, in your case, will be four years, and may be re-elected. The mandate shall be extended if, at the end, new elections, not had promoted without that representatives extended mandate accounted for the determination of the representative trade union capacity.

Article 43. Promotion of elections for delegates and staff meetings.

1 may promote the holding of elections to delegates and staff meetings, as provided for in this Statute and articles 6 and 7 of the organic law 11/1985, 2 of August, on freedom of Association: to) the most representative trade unions at the State level.

(b) the most representative trade unions at the level of autonomous community, when the affected electoral unit is located in your geographical area.

(c) trade unions which, without being the most representative, have obtained at least 10 per 100 of the representatives referred to in this Statute in the set of public administrations.

(d) trade unions who have obtained at least one percentage of 10 per 100 in the electoral unit which intends to promote the elections.

(e) officials of the electoral unit, by majority agreement.

2. the eligible to promote elections have, to this effect, right to appropriate public administration provided census staff affected electoral units, distributed by agencies or work centers.

Article 44. Electoral procedure.

The procedure for the election of staff meetings and the election of staff delegates shall be determined according to the rules take account of the following general criteria: to) the choice will be made by personal, direct, free and secret suffrage who may deliver by mail or by other electronic means.

(b) shall be electors and eligible staff members who are in active service situation. Not officials occupying positions whose appointment is made through Royal Decree or by Decree of the Councils of the Government of the autonomous communities and the cities of Ceuta and Melilla shall be regarded as not eligible voters.

c) may submit nominations the legally constituted trade unions or coalitions of these, and groups of electors in an electoral unit, provided that the number of them is equivalent to at least three of the members to choose.

(d) personnel boards will be elected through lists closed through a proportional system fixed, and delegates of staff through open lists and majoritarian system.

(e) electoral bodies will be polling stations that constitute for the direction and development of the electoral procedure and permanent public offices for the computation and certification regulated outcomes in the labour regulations.

(f) the claim will be processed according to an arbitration procedure, except for complaints against refusals of registration of electoral proceedings that may arise directly before the social courts.

Article 45. Extra-judicial settlement of collective disputes.

1. regardless of the powers laid down by the parties to the joint committees provided for in article 38.5 for the understanding and resolution of conflicts arising from the application and interpretation of the Covenants and agreements, public administrations and the trade union organizations referred to in this chapter may agree to the creation, configuration, and development of systems of extra-judicial settlement of collective disputes.

2. the conflict referred to in the preceding paragraph may be derivatives of the negotiation, application and interpretation of the Covenants and agreements on the matters indicated in article 37, except for those where there is reservation of law.

3. the systems may be integrated by mediation and arbitration procedures. Mediation is mandatory when one of the Parties requests it and the proposals of solution offering by the mediator or mediators may be freely accepted or rejected by them.

Through the arbitration process, the parties may agree to voluntarily entrust to third parties the resolution of the conflict raised, committing in advance to accept the contents of the same.

4. the agreement reached through mediation or arbitration resolution shall have the same legal validity and processing of the Covenants and agreements regulated in the present Statute, provided that those who had adopted the agreement or signed the arbitral commitment have the legitimacy that allows them to agree on the scope of the conflict, a pact or agreement as provided in this Statute.

These agreements will be subject to challenge. Specifically may be brought against the arbitration decision that had not observed in the development of the arbitration performance requirements and formalities established for that purpose or when the resolution had dealt with points not subject to its decision, or that this contradicts the rule of law.

5. the use of these systems shall be carried out in accordance with procedures to be determined according to the rules previously agreed with the representative trade union organizations.

Article 46. Right of Assembly.

1 are entitled to convene a meeting, in addition to the trade union organizations, directly or through the trade union delegates: to) the delegates of personnel.

(b) the meetings of staff).

(c) the company committees.

(d) public employees of the respective administrations in number not less than 40 per 100 of the organized collective.

2 meetings in the workplace will be cleared out hours of work, except by agreement between the competent authority staff and those who are entitled to convene them.

The meeting shall not prejudice the provision of services and the conveners of the same will be responsible for normal development.

Chapter V right to the day of work, permits, and vacation section 47. Day's work of public servants.

Public administrations shall establish the general Conference and the special work of his servants. The working day may be in time full or part time.

Article 48. Permissions of public officials.

Public servants will have the following permissions: to) death, accident or serious illness of a family member inside the first degree of consanguinity or affinity, three days when the event occurs in the same locality, and five working days when it is in different locality.

In the case of death, accident or serious illness of a relative up to the second degree of consanguinity or affinity, the permit will be two business days when there is in the same locality and four days when it is in a different town.

(b) for transfer of residence without change of residence, a day.

(c) to perform Trade Union functions of staff representation, in terms to be determined.

(d) to attend final exams and other definitive proof of fitness, day of its celebration.

e) by the time necessary to carry out prenatal tests and preparation techniques to delivery by pregnant female employees and, in cases of adoption or foster care, or guardian for the purpose of adoption, to attend the mandatory information and preparation sessions and for the mandatory psychological and social reporting prior to the Declaration of suitability that they be carried out within the working day.

(f) for nursing one child under 12 months will be entitled to one hour's absence from work may be divided into two fractions. This right may be replaced by a reduction in the normal working in half an hour at the beginning and at the end of the day or in an hour at the start or at the end of the day, with the same purpose. This right may be exercised either by one or other of the parents, where both working.

Also the official may request replacement of nursing time a paid leave that accumulate in days full time.

This permission will proportionally increase in cases of multiple births.

(g) by birth of premature children or that for any other cause must remain hospitalized following birth, the officer or the officer is entitled to be absent from work for a maximum of two hours a day receiving full pay.

In addition, have the right to reduce their working hours to a maximum of two hours, with the proportional decrease in pay.


(h) for reasons of legal guardian, when the officer consider the direct care of a child of twelve years old, elderly person requiring special dedication, or a disabled person who does not carry out paid activity, it shall be entitled to the reduction of their working day, with the decline of their remuneration that corresponds.

Shall have the same right official requiring responsible for direct care of a relative, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness not can fend for itself and who performs no paid activity.

(i) as necessary to meet the care of a relative of the first degree, the official shall be entitled to request a reduction of up to fifty percent of the working day, on a paid basis, for reasons of serious disease and for the maximum period of a month.

If there is more than one holder of this right by the same causal event, the time of enjoyment of this reduction may apportion among them, respecting in any case, the maximum period of a month.

(j) by the time necessary for the fulfillment of an inexcusable duty of public or personal and duties related to the reconciliation of work and family life.

(k) for private affairs, six days per year.

(l) for marriage, fifteen days.

Article 49. Permissions for reasons of personal, family and work-life balance, for reason of gender violence and for the victims of terrorism and their relatives.

In any case, shall be granted the following permissions with the corresponding minimum requirements: to) permission for delivery: will have a duration of sixteen uninterrupted weeks. This permission will be extended in two weeks more in the event of the child's disability and, for each child from the second, in the event of multiple births. The permission will be distributed at the option of the officer provided that six weeks immediately after childbirth. In the event of death of the mother, the other parent may make use of the whole or, where appropriate, of the part remaining permit.

However the former, and without prejudice to the six immediate weeks after childbirth of rest required for the mother, in the event that both parents work, the mother, at the beginning of the period of maternity rest, may opt for that the other parent enjoy a part determined and uninterrupted from the postnatal rest period, form either simultaneous or successive with the mother's. The other parent may continue to enjoy maternity leave permit initially assigned, although on schedule for the reinstatement of the mother to work is in a situation of temporary disability.

In cases of simultaneous periods of rest enjoy, sum thereof may not exceed sixteen weeks or which apply in the event of disability of the child or multiple birth.

This permission can enjoy full-time or part-time, when permitted by the requirements of the service, and on terms to be determined by regulation.

In cases of premature labor and in those in which, for any reason, the newborn must remain hospitalized after birth, this permission will be extended in as many days as the newborn is hospitalized, with a maximum of 13 additional weeks.

During the enjoyment of this permission, you can participate in training courses which convene the administration.

(b) permission for the adoption, by the guardian for the purpose of adoption, or foster care, both temporary and permanent: a duration of sixteen uninterrupted weeks. This permission will be extended in two weeks more in the event of disability of the child adopted or embraced and for each child, from the second, in the event of adoption or foster care multiple.

The computation of the term will be election of the official, from the administrative decision of guardian for the purpose of adoption or foster care, or from the judgment that constitute the adoption without that in any case a very minor can give right to several periods of enjoyment of this permission.

In the event that both parents work, permission will be distributed to choice of stakeholders, who can enjoy it without simultaneous or successive, provided uninterrupted periods.

In cases of simultaneous periods of rest enjoy, sum thereof shall not exceed sixteen weeks or those that apply in the event of adoption or foster care multiple and disability of the child adopted or embraced.

This permission can enjoy full-time or part-time, when permitted by the needs of service, and on terms to be determined by regulation.

If necessary the previous displacement of the parents to the country of origin of the adoptee, in cases of adoption or foster care international, is entitled to a permit up to two-month, perceiving this period exclusively basic remuneration.

Regardless of the permission for up to two months provided for in the preceding paragraph and the case referred to in this paragraph, permission for adoption, guardian for the purpose of adoption or foster care, both temporary and permanent, can be started up to four weeks before the Court ruling that constitute the adoption or the administrative or judicial fostering decision.

During the enjoyment of this permission, you can participate in training courses which convene the administration.

Cases of adoption, guardian for the purpose of adoption or foster care, both temporary and permanent, provided for in this article will be the so established in the Civil Code or the civil laws of the autonomous communities that regulate them, and must have temporary placement lasts not less than one year.

(c) permit paternity by birth, save for the purpose of adoption, foster care or adoption of a child: will have a duration of four weeks, to enjoy by the parent or the other parent from the date of the birth of the administrative decision of guardian for purposes of adoption or foster care, or of the judgment by which constitute the adoption.

(This permission is independent of the shared enjoyment of the permits referred to in paragraphs a) and b).

In the cases provided for in paragraphs a), b), and c) the time elapsed during the enjoyment of these privileges will be calculated as of effective service for all purposes, ensuring the fullness of the economic rights of the officer and, in its case, the other parent official, during the entire duration of the permit, and, where appropriate, during the periods after the enjoyment of this , if in accordance with applicable regulations, the right to receive any remuneration is determined according to the period of the permit.

Officials who have made use of the permit by birth or maternity, paternity, adoption keeps for the purpose of adoption or foster care, both temporary and permanent, they shall have the right, once the period of permission to return to his post on terms and conditions which are no less favourable to the enjoyment of the permit, as well as to benefit from any improvement in working conditions which had been entitled during their absence.

(d) permission on grounds of domestic violence on women officer: failures of assistance of victims of gender violence, total or partial, officials shall be regarded as justified by the time and in conditions in which so social care or health services determined by appropriate.

Also, the women victims of violence against women, to enforce your protection or his right to comprehensive social assistance, shall be entitled to the reduction in hours with proportional decrease in remuneration, or the rearrangement of working time, through the adaptation of the schedule, the implementation of flexitime or other forms of organisation of work time that apply in terms that, for these cases, set the competent public administration in house case.

(e) permission for care of child affected by cancer or other serious illness: the official shall be entitled, provided that both parents, adopters, keeping for purposes of adoption or permanent welcoming work, to a reduction of the working time of at least half of the duration of that one, perceiving intact fees charged to the budgets of the organ or entity come where providing services , for care, hospitalization and treatment continued, the minor child affected by cancer (malignant tumors, melanomas and carcinomas) or any other serious illness that involves a long-term hospital admission and require the need for direct, continuous and permanent care accredited by the report of the public's health or administrative body of the autonomous community service or where appropriate, the corresponding concerted health entity and, as a maximum, until the minor reaches the age of 18.


When both parents, adoptive parents, guardians for purposes of adoption or permanent welcoming, for the same subject and materialized, the necessary circumstances to be entitled to this permit or, where appropriate, may have the status of beneficiaries of the provision established for this purpose in the scheme of Social security which will be of application the official shall be entitled to full pay during the time perception that lasts the reduction of their working day, provided that the other parent, adopter or welcoming of pre-adoptive or permanent nature, without prejudice to the right to the reduction in working hours corresponding, not copper full pay under this permission or as beneficiary of the provision established for this purpose in the scheme of Social security that may apply. Otherwise, only be entitled to the reduction in working hours, with the consequent reduction of remuneration.

Also, on the assumption that both provide services in the same organ or entity, this may limit their simultaneous exercise for reasons based on the correct functioning of the service.

According to the rules will be established the conditions and assumptions that this reduction in working hours will build up in whole days f) to enforce their right to protection and comprehensive social welfare officials who have suffered physical or psychological damage as a result of terrorist activity, their spouse or person with similar relation of affectivity and the sons of the wounded and deceased , provided that they have the status of officials and victims of terrorism in accordance with the legislation in force, as well as officials threatened in the terms of article 5 of law 29/2011, of 22 September, recognition and protection to the victims of terrorism, prior recognition of the Ministry of the Interior or judicial judgment, shall be entitled to the reduction in hours with a proportional pay decrease , or the rearrangement of working time, through the adaptation of the schedule, the implementation of flexitime or other forms of organisation of working time which are applicable, on terms that establish the competent authority in each case.

These measures will be adopted and maintained over time insofar as they are necessary for the protection and social assistance integral person that is granted, either by reason of the sequelae caused by terrorist action, either by the threat that is subject, in the terms provided for by law.

Article 50. Holiday for public servants.

1. civil servants are entitled to enjoy, during each calendar year, a twenty-two working days paid holiday, or days which correspond proportionally if service time during the year was lower.

For the purposes of the provisions of this article, not be considered as working days Saturday, without prejudice to adjustments established for special schedules.

2 when situations permit maternity, temporary disability, risk during breastfeeding or risk during pregnancy prevent start the enjoyment of holidays in the calendar year to which correspond, or once started the holiday period one of these situations ensue, the holiday period you can enjoy although finished the calendar year that correspond and always that have not elapsed more than eighteen months from the end of the year in which originated.

Article 51. Day of work, permits and labor employee vacations.

For the working time regime, permits and labor employee vacations will be laid down in this chapter and the relevant labour legislation.

Chapter VI duties of public employees. Code of conduct article 52. Duties of public employees. Code of conduct.

Public employees must diligently perform the tasks that are assigned and general interests with fastening and observance of the Constitution and the rest of the legal system, and should act in accordance with the following principles: objectivity, integrity, neutrality, accountability, impartiality, confidentiality, dedication to public service, transparency, exemplary, austerity, accessibility, efficiency, honesty, promotion of the cultural and environmental surroundings , and respect for equality between women and men, who inspired by the code of conduct set up by ethical principles and conduct public employees covered in the following articles.

The principles and rules established in this chapter shall inform the interpretation and application of the disciplinary system of public employees.

Article 53. Ethical principles.

1. public officials shall comply with the Constitution and other rules that make up the legal system.

2. his performance after the satisfaction of the general interests of the citizens and shall be based on objective considerations aimed at fairness and common interest, regardless of any other factor that expresses personal, family and corporate positions, clientele, or any others that may collide with this principle.

3 they adjust their actions to the principles of loyalty and good faith with the Administration in which they provide their services, and their superiors, peers, subordinates and citizens.

4. your conduct will be based on the respect of fundamental rights and liberties, avoiding any action that can produce any discrimination by reason of birth, racial or ethnic origin, gender, sex, sexual orientation, religion or belief, opinion, disability, age or any other condition or personal or social circumstance.

5 they shall refrain in those matters in which they have a personal interest, as well as all private activity or interest that may pose a risk to raise conflicts of interest with his public position.

6. no financial obligations they contract or engage in financial transactions, economic obligations or legal business with persons or entities when it may lead to a conflict of interest with the duties of public office.

7. not accept any treatment of favor or situation involving privilege or unjustified advantage, by individuals or private entities.

8 they shall act in accordance with the principles of effectiveness, economy and efficiency, and will monitor the achievement of the general interest and the fulfilment of the objectives of the organization.

9. do not they will influence the streamlining or resolution process or administrative procedure without just cause and, in any case, when it involves a privilege in benefit of the holders of public offices or their immediate family and social environment or where it involves an impairment of the interests of third parties.

10 they shall comply with diligence the tasks that correspond to or entrusted to them and, where appropriate, resolved within time procedures or records of their competence.

11 they shall exercise their powers according to the principle of dedication to public to refrain not only contrary to the same behavior, but also any other that would compromise the neutrality in the exercise of public services.

12 will keep secret the classified materials or others whose dissemination is prohibited legally, and maintain due discretion on matters which know by reason of his office, unless they can make use of the information collected for its own benefit or of third parties, or to the detriment of the public interest.

Article 54. Principles of conduct.

1 they treated with care and respect citizens, superiors and other public employees.

2. the performance of the tasks corresponding to your job will be held from diligently and fulfilling the day and schedule established.

3 they shall obey any instructions and the top professional orders, unless they constitute a manifest violation of the law, in which case put them immediately to the attention of the organs of inspection from.

4 they will inform citizens about matters or matters which have the right to know, and will facilitate the exercise of their rights and the fulfilment of their obligations.

5 they will manage resources and public goods with austerity, and will not use them in self-dealing or close people. Also have the duty to ensure their conservation.

6. it will reject any gift, favor or service under advantageous conditions that go beyond usual, social applications and courtesy, without prejudice to the provisions of the criminal code.

7 ensure constancy and permanence of the documents for its transmission and delivery to its subsequent leaders.

8 keep updated its training and qualification.

9 they shall observe the rules on occupational safety and health.

10 will put in knowledge of their superiors or the competent bodies the proposals deemed appropriate to improve the development of the functions of the unit in which they are intended. To these effects is may provide for the creation of the appropriate competent authority to centralize reception of proposals for public or managed employees who serve to improve the efficiency in the service.

11. they shall ensure the attention to the citizen in the language who requests it, provided that it is official in the territory.

TITLE IV


Acquisition and loss of the service relationship chapter I access to public employment and acquisition of the service article 55 relationship. Guiding principles.

1. all citizens have right of access to public employment in accordance with the constitutional principles of equality, merit and ability, and in accordance with this Statute and the rest of the legal system.

2 the public administrations, entities and bodies referred to in article 2 of this Statute will be selected from their personal officer and labor through procedures that guarantee the constitutional principles previously expressed, as well as those set out below: a) advertising of calls for proposals and their bases.

(b) transparency.

(c) impartiality and professionalism of the members of the organs of selection.

(d) independence and technical discretion in the performance of the organs of selection.

(e) match between the contents of the selective processes and functions or tasks to develop.

(f) agility, without prejudice to the objectivity in selection processes.

Article 56. General requirements.

1 to participate in the selective processes will need to meet the following requirements: to) have Spanish nationality, without prejudice to the provisions of the following article.

(b) possess the functional ability to perform the tasks.

(c) have completed sixteen years and not to exceed, in your case, the maximum age of compulsory retirement. Other age maximum, other than the age of compulsory retirement, for access to public employment may be established only by law.

(d) not have been separated by the disciplinary record of the service of any Government or constitutional or statutory bodies of the autonomous communities, nor found in disabling absolute or special jobs or public office by judicial decision, for access to the body or official scale, or to exercise functions similar to that played in the case of the workforce in which it had been separated or disabled. In the case of being a national of another State, not to be disabled or in an equivalent situation or being subjected to disciplinary or equivalent punishment that would prevent, in their State, in the same terms access to public employment.

(e) possess the required qualifications.

2. public administrations, in the field of its competences, must provide for the selection of public employees properly trained to fill the jobs in the autonomous communities that have two official languages.

3 may be required the fulfilment of other requirements related objective and proportionate with the assumed functions and tasks to perform. In any case, must be established in a general and abstract manner.

Article 57. Access to public employment of nationals of other States.

1. nationals of the Member States of the European Union will have access, as staff officer, on equal terms to the Spanish public employment, with the exception of those that directly or indirectly involve a participation in the exercise of public power or functions that are intended to safeguard the interests of the State or public authorities.

For this purpose, the governing bodies of public administrations will determine the groupings of staff referred to in article 76 which not accessible to the nationals of other States.

2. the provisions of the preceding paragraph shall apply, any that is their nationality, the spouse of the Spaniards and nationals of other Member States of the European Union, provided that they are not separated from law and to their descendants and the spouse provided that they are not separated from right, are under twenty-one years of age or over that age-dependent.

3. access to public employment as a staff officer, also extend to persons included in the scope of application of the international treaties concluded by the European Union and ratified by Spain in which is the free movement of workers, under the terms laid down in paragraph 1 of this article.

4. foreigners referred to in the preceding paragraphs, as well as foreigners with legal residence in Spain have access to public administrations, as a workforce, equal to the Spaniards.

5 only by law of the Cortes Generales or the legislative assemblies of the autonomous communities you can exempt from the requirement of nationality for reasons of general interest for access to the status of staff officer.

Article 58. Access to public employment of Spanish officials of international organizations.

Public administrations shall establish the requirements and conditions for access to the same by officials of international bodies-Spanish nationality, provided that they possess the required qualifications and exceed the corresponding selective processes. They may be exempted from those tests designed to prove knowledge already required for the performance of his position in the corresponding international body.

Article 59. People with disabilities.

1. in the public employment offers reserves a quota not lower to seven per cent of the vacancies to be covered between people with disabilities, considering as such those defined in paragraph 2 of article 4 of the revised text of the General Law of rights of persons with disabilities and their social inclusion, adopted by Royal Legislative Decree 1/2013 29 November, which always exceeds the selective processes and prove their disability and compatibility with the performance of the tasks, so that progressively to reach two percent of the total personnel in each public administration.

Book a minimum of seven percent will be made so that, at least, two percent of the places is to be covered by those who prove intellectual disability and the rest of the places is it for people to credited any disability.

2. each public administration will take precise measures to establish adaptations and reasonable adjustments of time and means in the selection process and, once overcome this process, adaptations in the workplace to the needs of persons with disabilities.

Article 60. Organs of selection.

1. the organs of selection will be chartered and its composition shall conform to the principles of impartiality and professionalism of its members, and is will also tend to the parity between men and women.

2. the election or political appointment, interim officials and eventual personnel may not be part of selection bodies.

3 membership in the organs of selection will always be individual, not being able to hold this on behalf or on behalf of anyone.

Article 61. Selective systems.

1. the selective processes will open character and shall ensure the free competition, without prejudice to the provisions for internal promotion and positive discrimination measures provided for in this Statute.

Selection bodies shall ensure compliance with the principle of equality of opportunities between the sexes.

2. the selection procedures shall especially ensure the connection between the type of evidence to overcome and adaptation to the performance of the tasks of the jobs offered, including, where appropriate, the practical tests that are accurate.

Evidence may consist of verification of knowledge and analytical capacity of the applicants, expressed written exercises that demonstrate the possession of skills and abilities, in the domain of foreign language testing and, where appropriate, in the overcoming of physical evidence or oral.

3. the selective processes that include, in addition to mandatory tests of ability, assessment of merits of candidates only may be granted to this assessment a provided score that will not determine, in any case, itself the result of the selection process.

4. public administrations may create specialized and permanent bodies for the Organization of selective processes, being able to entrust these functions to the institutes and schools of public administration.

5. in order to ensure objectivity and rationality of the selective processes, tests may be supplemented with the overcoming of courses, traineeships, curricular exposure by the candidates, with psychometric tests or interviews. Equally you may require medical examinations.

6. the selective systems of career will be opposition and competition that must include, in any case, one or more tests to determine the ability of the applicants and establish the order of precedence.

Only act may apply, on an exceptional basis, the system of competition which only consist of the assessment of merit.

7 selective systems of fixed workforce will be the opposition, competition, with the characteristics set out in the preceding paragraph, or assessment of merit contest.


Public authorities may negotiate the forms of collaboration that within the framework of collective agreements fix the performance of trade union organizations in the development of the selective processes.

8 selection bodies may not propose the access to the status of official of a higher number of approved to the of called plazas, except when so provides the own call.

However, whenever the selection bodies have proposed the appointment of equal number of aspirants to the of called plazas, and in order to ensure coverage of the same, when occur resignations of selected applicants, prior to their appointment or inauguration, the organising body may require organ selection complementary relationship of applicants who continue to , for his possible appointment as a career.

Article 62. Acquisition of the status of civil servant's career.

1 career officer status is acquired by the successive fulfillment of the following requirements: to) improvement of the selection process.

(b) appointment by the body or competent authority, which will be published in the relevant official journal.

(c) Act of compliance with the Constitution and, where appropriate, the corresponding Statute of autonomy and the rest of the legal system.

(d) take possession within a period to be determined.

2 a provisions in paragraph 1.b) above, may not be civil servants and shall be without effect the actions related to those who do not prove, once passed the selection process, which meet the requirements and conditions required in the call.

Chapter II loss of the relationship of service article 63. Causes of loss of the status of civil servant's career.

They are causes of loss of the status of civil servant's career: to) the resignation to the status of civil servant.

(b) loss of nationality.

(c) the total retirement of the officer.

(d) the disciplinary sanction of separation that has strong character.

(e) the main or accessory penalty of disqualification for public office who have strong character or absolute.

Article 64. Resignation.

1. the waiver to the status of civil servant shall be expressed in writing and will be accepted expressly by the Administration, except as provided in the following section.

2 It may not be accepted the resignation when the official is subject to disciplinary or it has been rendered against auto processing or opening of the oral proceedings by the Commission of a crime.

3. the waiver of the condition of official not disabled to enter again in the public administration through the established selection procedure.

Article 65. Loss of nationality.

The loss of Spanish nationality or that of any other Member State of the European Union or that of those States which, by international treaties concluded by the European Union and ratified by Spain, will be implementing the free movement of workers, which has been taken into consideration for the appointment, will determine the loss of official status except that is simultaneously acquired the nationality of any of those States.

Article 66. Main or accessory penalty of disqualification for public office or absolute.

The main or accessory penalty of disqualification when he acquired firmness the sentence imposed it produces the loss of the status of civil servant with respect to all jobs or posts that have.

The main or accessory penalty of special disqualification when he acquired firmness the sentence imposed it produces the loss of the status of civil servant with respect to those jobs or charges specified in the judgment.

Article 67. Retirement.

1 retirement of officials shall be: to) volunteer, at the request of the officer.

(b) forced to comply with the legally established age.

(c) by the Declaration of permanent disability for the exercise of the functions of your body or scale, or the recognition of a pension of absolute permanent disability or total and permanent disability in connection with the exercise of the functions of your body or scale.

2 proceed retirement voluntarily, at the request of the person concerned, whenever official meets the requirements and conditions established in the regime of Social security that is applicable to you.

3. the compulsory retirement will be declared ex officio official meet the sixty-five years of age.

However, in terms of civil service laws that they handed down in development of this Statute, you may request the prolongation of stay in the active maximum service until it seventy years of age. The competent public administration must resolve motivated the acceptance or refusal of the extension.

Officials who have specific State standards of retirement are excluded from the provisions of the preceding two paragraphs.

4. irrespective of the legal retirement age forced established in paragraph 3, the age of the forced retirement of the staff officer included in the General scheme of the Social Security will be, in any case, which provide for the rules governing that regime for access to old-age pension in their contributory without reduction coefficient for reason of age.

Article 68. The condition of official rehabilitation.

1. in case of termination of the relationship of services as a result of loss of nationality or retirement for permanent disability for the service, the person concerned, after missing the objective cause that motivated it, may request the restoration of its status as official, who will be granted.

2. the governing bodies of public administrations may be granted, exceptionally, rehabilitation, at the request of the person concerned, who had lost the status of civil servant by have been sentenced the main or accessory penalty of disqualification, taking into account the circumstances and entity of the offence committed. If after the period for issuing the decision, had not been expressly, the application shall be rejected.

Title V chapter I article 69 human resource planning professional practice management. Objectives and planning instruments.

1. the planning of human resources in public administration will aim to contribute to the achievement of the effectiveness in the provision of services and the efficiency in the use of available economic resources through the proper dimension of their troops, their better distribution, training, career development and mobility.

2 the public administrations may approve plans for the management of its human resources, which include, among others, some of the following measures: to) analysis of the availability and needs of personnel, both from the point of view of the number of troops, and the professional profiles or qualification of the same levels.

(b) provisions on systems of work organization and changes in structures of jobs.

(c) measures of mobility, which may include the suspension of additions of external staff to a specific field or the call for tenders for provision of jobs limited to staff of areas to be determined.

(d) measures of internal promotion and training of staff and forced mobility in accordance with the provisions of chapter III of this title of this Statute.

(e) the provision of the incorporation of human resources through the offer of public employment, in accordance with the provisions of the following article.

3. each public administration will plan its human resources in accordance with systems that establish the rules which are applicable.

Article 70. Public employment offer.

1. the needs of human resources, budgetary allocation, which should provide through the incorporation of new personnel shall be subject to the offer of public employment, or through similar instrument of management in the provision of staffing needs, which will involve the obligation to convene the corresponding selective processes for committed squares and up to an additional ten percent setting the deadline for the call for them. In any case, the execution of the supply of public employment or similar instrument should develop within a non-extendable period of three years.

2. the offer of public employment or similar instrument, to be approved annually by the Government of the public administration bodies, shall be published in the relevant official journal.

3. the offer of public employment or similar instrument may contain measures arising from the planning of human resources.

Article 71. Records of personnel and human resources management.

1. each Government shall constitute a register in which shall be entered data relating to staff referred to in articles 2 and 5 of the present Statute and which will take into account the peculiarities of certain groups.

2. the records may provide information added about the remaining human resources of their respective public sector.


3. through sectoral conference agreement will be established the common minimum contents of records of personnel and the criteria that allow uniform exchange of information between administrations, with respect to provisions of the law of protection of data of a personal nature.

4. public administrations promote the integrated management of human resources.

5. when local authorities do not have enough financial or technical capacity, the General Administration of the State and the autonomous communities shall cooperate with those for the purposes referred to in this article.

Chapter II article 72 public employment structuring. Structuring of human resources.

Within the framework of its powers of self-organization, public administration structured its human resources in accordance with the rules governing the selection, professional promotion, mobility and the distribution of functions and in accordance with the provisions of this chapter.

Article 73. Performance and grouping of jobs.

1. public workers are entitled to the performance of work in accordance with the system of structuring public employment laying down the laws of development of this Statute.

2. public administrations may assign its personnel functions, tasks or responsibilities other than those corresponding to the job to play whenever they are appropriate to their classification, grade or category, when the service needs to justify it without loss in pay.

3. the jobs may group together according to their characteristics to sort the selection, training and mobility.

Article 74. Management of jobs.

Public administration structured its organization through relationships of jobs or other similar organisational instruments that shall include, at least, the designation of positions, professional classification groups, bodies, or scales, in your case, are attached, providing systems and complementary fees. These instruments will be public.

Article 75. Bodies and scales.

1. officials are grouped into bodies, scales, specialty or other systems incorporating competencies, skills and knowledge common accredited through a selective process.

2 bodies and scales of officials are created, modified and deleted by law of the Cortes Generales or the legislative assemblies of the autonomous communities.

3. when in this law refers to bodies and scales shall be understood equally any other grouping of officials.

Article 76. Professional personal career official rating groups.

Bodies and scales are classified according to the qualifications required for the access to them, in the following groups: Group A: divided into two sub-groups, A1 and A2.

For access to the bodies or scales of this group will be required to be in possession of the University Bachelor's degree. In those cases where additional diploma is required by law will be this that is taken into account.

The classification of bodies and scales in each subgroup will be depending on the level of responsibility to perform functions and characteristics of entrance exam.

Group B. For access to the bodies or scales of Group B will be required to be in possession of the title of technician.

Group C. divided into two sub-groups, C1 and C2, according to the degree required for admission.

C1: Bachelor or technician.

C2: Graduate degree in secondary education.

Article 77. Classification of the workforce.

The workforce will be classified in accordance with the labour legislation.

Chapter III Provision of jobs and mobility article 78. Principles and procedures for provision of personal career official jobs.

1. public administrations will provide jobs work through procedures based on the principles of equality, merit and capacity and advertising.

2. the provision of jobs in each public administration will be held by the contest and appointees with tender procedures.

3. the laws of civil service that are handed down in development of this Statute may establish other procedures of provision in cases of mobility to referred to article 81.2, swaps between jobs, mobility for reasons of health or rehabilitation of the officer, re-entry into active duty, ceases or removal in the jobs and suppression of them.

Article 79. Competition provision of the jobs of the staff officer of career.

1. the competition, as a normal procedure of provision of jobs, will consist in the assessment of the merits and capacities and, where appropriate, skills of candidates for colleges of technical character. The composition of these bodies will respond to the principle of professionalism and specialization of its members and will adapt to the criterion of parity between men and women. Its operation shall comply with the rules of impartiality and objectivity.

2. the laws of civil service that are handed down in development of this Statute shall establish the minimum term of the jobs obtained by competition to participate in other competitions of provision of jobs.

3. in calls for tenders can settle a score which, at most, can achieve that is determined in the same for the old, for those who have the status of victim of terrorism or threatened, in the terms laid down in article 35 of the law 29/2011, of 22 September, of recognition and protection to the victims of terrorism It is credited to the obtaining of the post always is necessary for the achievement of the purposes of protection and comprehensive social assistance for these people.

For the accreditation of these extremes, regulations should be determined competent for the issuance of the relevant reports. In any case, in the case of the protection of the victims be the report of the Ministry of the Interior.

4. in the case of deletion or removal of the posts obtained by competition you must assign job according to the professional career of each public administration and with the inherent guarantees of that system.

Article 80. Appointees with public call for personal career official.

1. the appointees to public solicitation consists of discretionary appreciation by the competent body of the suitability of the candidates in relation to the requirements for the performance of the job.

2. the laws of civil service that are handed down in development of this Statute shall establish criteria to determine positions that can be covered by the free appointment procedure with tender for their special responsibility and trust.

3. the body responsible for appointment may request the intervention of specialists that allow appreciate the suitability of candidates.

4. holders of the jobs provided by the free appointment with tender procedure may be dismissed at its discretion. In case of cessation, you must assign jobs according to the professional career of each public administration and with the inherent guarantees of that system.

Article 81. The personal officer of career mobility.

1. each public administration, within the framework of the general planning of its human resources, and without prejudice to the right of officials to mobility may establish rules for the management of voluntary mobility of civil servants when it considers that there are priority sectors of public activity with specific needs of troops.

2. public administrations, in a reasoned way, may transfer their officers, service needs or functional units, departments or organizations public or entities other than their destination, respecting their remuneration, essential conditions for work, modifying, where appropriate, the secondment of the jobs which are holders. When for exceptional reasons of resource management plans imply a change of place of residence will give priority to the voluntary nature of transfers. Officials are entitled to compensation according to the rules established for the forcible transfers.

3. in case of urgent and urgent need, jobs can provide provisional and must proceed to its public announcement within the time pointing the rules that apply.

Article 82. Mobility for reason of gender violence and because of terrorist violence.

1. women victims of gender violence are forced to leave job in the town where had been providing its services, to enforce your protection or the right to comprehensive social assistance, shall be entitled to transfer to another job of your body, scale or Professional category, similar features, without having to be vacant of required coverage. Still, in such cases the competent public authority, it shall be obliged to communicate the positions located in the same location or the locations that the applicant expressly requests.


This transfer will be considered forcible transfer.

In actions and procedures related to gender-based violence, protect the privacy of victims, in particular, personal data, of their descendants and those of any person who is under his care or custody.

2. to give effect to their right to protection and comprehensive social welfare, officials who have suffered damage physical or psychic as a consequence of the terrorist activity, spouse or person who has lived with similar relation of affectivity, and children of wounded and dead, provided that they have the status of officials and victims of terrorism in accordance with the legislation as well as officials threatened in the terms of article 5 of the law 29/2011, from September 22, recognition and protection to the victims of terrorism, prior recognition of the Ministry of the Interior or judicial judgment, have the right to transfer to another job of your body, scale or Professional category, of similar characteristics When the vacancy is necessary coverage or, if not, within the autonomous community. Even so, in such cases the competent public administration shall be obliged to communicate the vacancy located in the same location or the locations that the person concerned expressly requests.

This transfer will be considered forcible transfer.

In any case this right may be exercised insofar as it is necessary for the protection and social assistance integral person that is granted, either by reason of the sequelae caused by terrorist action, either by the threat that is subject, in the terms provided for by law.

In actions and proceedings in connection with terrorist violence, will protect the privacy of victims, in particular, personal data, those of their descendants and those of any person who is under his care or custody.

Article 83. Provision of jobs and mobility of the workforce.

The provision of jobs and mobility of the workforce will be held in accordance with which establish collective agreements that are applicable and, failing that by the provision of jobs and personal career officer mobility system.

Article 84. Voluntary mobility among public administrations.

1. with the aim of making better use of human resources, to ensure the efficiency of the service provided to citizens, the General Administration of the State and the autonomous communities and local authorities will establish measures of inter-administrative mobility, preferably through sectoral Conference Convention or other collaborative tools.

2. the sectoral Conference on public administration may approve the general criteria to take into account to carry out the approvals necessary to make possible the mobility 3. Career officials who obtain destination in other public administration through the procedures of mobility will be with respect to their administration of origin in the administrative situation of service in other public administrations. In the event of removal or suppression of job obtained by competition, they remain in the administration of destination, which must assign them work according to systems of career and provision of existing jobs in the administration.

In the event of cessation of the position obtained by appointees, the administration of destination, within a maximum period of one month starting from the day following the cessation, may agree the secondment the official to another of the same or will tell you that you will not make such effective assignment. In any case, this period means that it continues for all purposes in active service in the administration.

After the mentioned deadline unless it had agreed their allegiance to another set, or received communication that it will not become effective, the official shall request within a maximum period of one month re-entry into active service in their administration of origin, which should assign work according to systems of career and provision of existing jobs in the Administration , economic and administrative purposes from the date in which it had requested reentry.

Not requested re-entry into active service in the indicated period will be declared ex officio on voluntary leave for particular interest with effect from the day following that had ceased active service in the destination management.

Title VI situations administrative article 85. Administrative situations of career officials.

1 race officials will be in any of the following situations: to) active duty.

(b) special services.

(c) service in other public administrations.

(d) leave of absence.

(e) suspension of functions.

2 the laws of civil service that are handed down in development of this Statute may define other administrative situations of officials of race, in the event, under the conditions and with effects that therein are determined when concur, among others, any of the following circumstances: to) when for organizational reasons, internal restructuring or overstaffed is an inability to transient assign jobs or the desirability of encouraging the cessation in the active service.

(b) when officials have access, either through internal promotion or other systems of access, to other bodies or scales and not appropriate to stay in one of the situations provided for in this Statute, and when passed to serve in bodies or entities of the public sector in regime other than the officer's career.

Such regulation, according to the administrative situation concerned, may involve guarantees of retributive nature or impose rights or obligations in relation to the return to active duty.

Article 86. Active service.

1. will be in a situation of active service who, according to the regulations of civil service in development of this Statute, provide services in their status as public servants what ever the administration or public body or entity that are intended and does not correspond them to be in another situation.

2 career in situation of active duty officers have all rights inherent in their status as officials and are subject to the duties and responsibilities arising from the same. They shall be governed by the rules of this Statute and by the rules of civil service of the Government that provide services.

Article 87. Special services.

1 career officers will be declared in special services: to) when they are appointed members of the Government or the governing bodies of the autonomous communities and cities of Ceuta and Melilla, the members of the institutions of the European Union or international organizations, or they are appointed officials of the above-mentioned public administrations or institutions.

(b) are authorized to carry out a mission for determined period exceeding six months in international agencies, Governments, or foreign public entities or international cooperation programmes.

(c) when they are appointed to perform jobs or positions in public bodies or entities, dependent or linked to public administrations which, in accordance with that set the respective public administration, are similar in their administrative rank to senior positions.

d) when they are attached to the Constitutional Court or the Ombudsman services or to the Court of Auditors in the terms provided in item 93.3 of the law 7/1988, of 5 April, of operation of the Court of Auditors.

(e) when access to the status of Deputy or Senator of the general courts or members of the legislative assemblies of the autonomous communities if they receive regular remuneration for the realization of the function. Those who lose this condition by dissolution of the corresponding cameras or termination of the mandate of the same may remain in the situation of special services to its new Constitution.

(f) when perform elective paid and full-time in the assemblies of the cities of Ceuta and Melilla and in local authorities, when responsibilities of municipal managers and upper bodies perform and perform responsibilities of members of the local bodies for the understanding and the resolution of the economic-administrative claims.

(g) when are designated to form part of the General Council of the judiciary or the Councils of Justice of the autonomous communities.

h) when they are elected or appointed to form part of the constitutional bodies or statutory bodies of the autonomous communities or others whose choice corresponds to the Congress of Deputies, the Senate or the legislative assemblies of the autonomous communities.

(i) when are designated as temporary personnel for jobs with functions expressly qualified as confidence or political advice and not opting to remain in active service situation.

(j) where to acquire the status of civil servants in the service of international organizations.


(k) where are appointed advisers of the parliamentary groups of the Cortes Generales or the legislative assemblies of the autonomous communities.

(l) when activated as volunteer reservists to serve in the armed forces.

2. those who are in special services will receive remuneration of the post or post play and not the corresponding them as a career, without prejudice to eligibility for the triennia having recognized in every moment. The time remaining in this situation be computed effects of promotions, recognition of triennia, internal promotion and rights in the Social security system that will be of application. It shall not apply to public servants who, having entered at the service of European Community institutions, or institutions and assimilated bodies, exercise the right of transfer laid down in the staff regulations of officials of the European communities.

3. those who are in special services shall have the right, at least, to return to active duty in the same locality, under the conditions and with earnings corresponding to category, level and step of the career consolidated, in accordance with the existing administrative career system in the public administration to which they belong. They will also have the rights that each public administration could be established on the basis of the charge that has resulted in the move to the situation. In this sense, the public administrations shall ensure that there is no impairment in the right career of civil servants who have been appointed senior officials, members of the judiciary or other constitutional or statutory bodies or that have been elected mayors, paid and full-time, Chairmen of county councils or councils or Island Councils, deputies or Senators of the general courts and members of the legislative assemblies of the autonomous communities. At a minimum, these officials will receive the same treatment in the consolidation of the level and set of complements that which is established for people who have been Directors-General and other senior positions of the corresponding public administration.

4. the Declaration of this situation proceed in any case, in the cases to be determined in the present Statute and the laws of civil service that are handed down in the same development.

Article 88. Service in other public administrations.

1. the career officials who, by virtue of the processes of transfers or by procedures for the provision of jobs, obtain destination in a different public administration, shall be declared in the situation of service in other public administrations. They will remain in that situation where by law of administration which access integrate as headcount of this.

2. officials transferred to the autonomous communities are fully integrated in the Organization of the civil service of the same, at the location of active service in the public service of the autonomous community in which they are integrated.

The autonomous communities when this integration of transferred civil servants as own officials, shall comply with the group or subgroup of body or scale of source, as well as economic rights inherent to the position in the race that had recognized.

Transferred officials maintain all their rights in the public administration of origin as if they found in active service in accordance with their respective statutes of autonomy.

Recognizes the equality of all officials of the autonomous communities regardless of their administration of origin.

3 officials of career in the service situation in other public administrations that are in this situation by obtaining jobs through provision systems provided for in this Statute, are governed by the legislation of the Administration that are intended for effectively and retain its status as official of the administration of origin and the right to participate in the calls for the provision of jobs that are carried out by the latter. The time of service in the public administration that are intended be computed as from active service in your body or scale of source.

4. officials who returned to active duty in the administration of origin, coming from the location of service in other public administrations, will get the professional recognition of the progress made in the system of professional career and its effects on the position of the salary in accordance with the procedure laid down in the sectoral Conference conventions and other instruments of collaboration which establish measures of inter-administrative mobility provided for in article 84 of the present Statute. In the absence of such agreements or instruments of collaboration, recognition will be held by the public administration in which occurs the re-entry.

Article 89. Leave of absence.

1 the absence of race officials may take the following forms: a) unpaid leave for particular interest.

(b) unpaid family group.

(c) leave to care for family members.

(d) leave of absence for reason of gender violence.

(e) leave of absence because of terrorist violence.

2 career officials may obtain the unpaid leave by particular interest when they have provided effective services in any of the public administrations for a minimum period of five years immediately preceding.

However, the laws of civil service that are handed down in development of this Statute may establish one duration less than the required period of service delivery so that the career officer can apply for the leave of absence and permanence in the same minimum periods shall be determined.

The granting of unpaid leave by particular interest will be subordinated to the needs of the service properly motivated. You can not declare when instructed the public official disciplinary.

Shall declare ex officio when the unpaid leave by particular interest after the cause that determined the pass to a situation different from the active service, is a default obligation to apply for re-entry into active service within the period that is determined according to the rules.

Who are on leave for particular interest shall not accrue remuneration, nor time remaining in such a situation for purposes of promotions, triennia and rights in the Social security system that will be of application will be computable in.

3 you can given the unpaid leave by family group without the requirement of having lent effective services in any of the public administrations during the period officials whose spouse is resident in another town have obtained and be playing finality as a career officer job or how labor fixed in any of the public administrations public bodies and entities of public law dependent or related to them, in constitutional bodies of the judiciary and similar bodies of the autonomous communities, as well as in the European Union or international organizations.

Who are on voluntary leave by family group will bear no fees, nor time remaining in such a situation for purposes of promotions, triennia and rights in the Social security system that will be of application will be computable in.

4 race officials shall be entitled to a period of leave of not more than three years to cater for the care for each child, both when it is by nature as by adoption, or every minor subject to the guardian for the purpose of adoption or permanent fostering, counting from the date of birth or, where appropriate, the judicial or administrative decision.

They will also be entitled to a period of leave of not more than three years, to cater for the care of a family member who is in charge, up to the second degree inclusive of consanguinity or affinity which for reasons of age, accident, illness or disability can not stand by itself and does not carry out paid activity.

The period of leave will be unique for each subject that causes. When a new subject that causes gave rise to a new extended leave of absence, the beginning of the period of the same which came enjoying will end.

In the case that two staff members to generate the right to enjoy it for the same subject that causes, the Administration may limit simultaneous pursuit for justified reasons related to the operation of the services.

The time spent in this situation will be computable for purposes of triennia, race and rights in the Social security scheme which applies. Played job will be reserved, at least two years. After this period, the reservation will be to a position in the same locality and of equal pay.

Employees in this situation may participate in training courses which convene the administration.


5. the women victims of gender violence, to enforce your protection or his right to comprehensive social assistance, will be entitled to leave without having provided a minimum time of pretrial services and situation without that is enforceable term of stay in the same.

During the first six months they will be entitled to the reserve of the job to play, being computable that period for the purpose of age, race and rights of the Social security scheme which applies.

When court proceedings so require this period may be extended for three months, with a maximum of eighteen, with identical effects to those listed above, in order to ensure the effectiveness of the right to protection of the victim.

During the first two months of this leave the official entitled to perceive benefits intact and, where appropriate, family allowances per dependent child.

6. officials who were damaged physically or mentally as a result of terrorist activity, as well as the threatened under the terms of article 5 of law 29/2011, of 22 September, of recognition and protection to the victims of terrorism, prior recognition of the Ministry of the Interior or judicial judgment, entitled to enjoy a period of leave under the same conditions as victims of gender-based violence.

Such leave of absence will be authorized and maintained in time insofar as it is necessary for the protection and social assistance integral person that is granted, either by reason of the sequelae caused by terrorist action, either by the threat that is subject, in the terms provided for by law.

Article 90. Suspension of functions.

1 official declared suspension situation will remain private during time spent in the exercise of its functions and all rights inherent in the condition. The suspension will determine job loss when it exceeds six months.

2. the firm suspension will be imposed under judgment, cause criminal or disciplinary sanction. The firm suspension for disciplinary sanction may not exceed six years.

3 official declared suspension of functions situation may not serve in any public administration or public bodies, agencies, or public law entities dependent or related to them during the time of enforcement of the penalty or punishment.

4 you can remember suspension functions on an interim basis at the time of the processing of judicial proceedings or disciplinary record, in the terms established in this Statute.

Article 91. Return to active duty.

By regulation deadlines, procedures and conditions, according to the administrative situations of origin, shall be governed to apply for re-entry into the active service of career officials, with respect to the right to the reserve of the workplace where appropriate in accordance with this Statute.

Article 92. The workforce situations.

The workforce will be governed by the Statute of workers and collective agreements that are applicable.

Collective agreements may determine the application of this chapter to the personnel included in its scope of application in what is compatible with the Statute of workers.

Title VII disciplinary regime article 93. Disciplinary responsibility.

1. public officials and working staff are subject to the disciplinary regime established under this title and the rules issued by civil service laws on development of this Statute.

2. civil servants or the workforce that indujeren others to carry out acts or conduct constituting of disciplinary lack will incur the same responsibility that these.

3. Likewise, shall incur liability of public officials or staff that encubrieren failures consummated very serious or serious, when such acts derived serious damage for the administration or the citizens.

4. the disciplinary regime of the workforce will be governed, in matters not provided for in this title, by labour legislation.

Article 94. Exercise of disciplinary authority.

1. public administrations corrected disciplinary breaches of staff at your service pointed out in the previous article committed in the exercise of their duties and charges, without prejudice to the patrimonial or criminal liability that may arise from such offences.

2 the disciplinary authority shall be exercised in accordance with the following principles: to) principle of legality and typicity of offences and sanctions, through normative predetermination or, in the case of the workforce of the collective agreements.

(b) principle of non-retroactivity of punitive provisions not favorable and retroactivity of the favorable to the alleged infringer.

(c) principle of proportionality, applicable to the classification of infringements and sanctions as well as its application.

(d) principle of guilt.

(e) principle of presumption of innocence.

3 when the instruction of a disciplinary procedure proves the existence of well-founded evidence of criminality, suspend processing by putting it to the attention of the public prosecutor's Office.

The facts stated tested by court rulings firm linked to administration.

Article 95. Disciplinary fouls.

1. the disciplinary faults can be very serious, major and minor.

2 are very serious offenses: a) the breach of the duty to respect the Constitution and the respective statutes of autonomy of the autonomous communities and cities of Ceuta and Melilla, in the exercise of public office.

(b) any proceedings involving discrimination on grounds of racial or ethnic origin, religion or convictions, disability, age or sexual orientation, language, opinion, place of birth or neighbourhood, sex or any other condition or personal or social circumstance as well as harassment on grounds of racial or ethnic origin, religion or convictions, disability, age or sexual orientation and moral harassment sexual and gender.

(c) the abandonment of the service, as well as not take voluntary tasks or functions that are assigned.

(d) the adoption of manifestly illegal agreements that cause serious harm to the administration or to the citizens.

(e) the publication or misuse of documents or information which have or have had access by reason of his position or function.

(f) the negligence in the custody of official secrets, so declared by Act or classified as such, which is cause of your publication or that can cause its dissemination or incorrect knowledge.

(g) the notorious breach of essential functions inherent to the job or mandated functions.

(h) the violation of impartiality, using the attributed powers to influence electoral processes of any nature and scope.

(i) disobedience open to orders or instructions from a superior, unless they constitute a manifest violation of the legal system.

(j) the prevalence of the condition of public employee for improper gain for himself or for another.

(k) the obstruction to the exercise of civil liberties and trade union rights.

(l) the carrying out acts intended to restrict the free exercise of the right to strike.

(m) failure to meet the essential services in the event of a strike.

(n) non-compliance with the rules on incompatibilities when it results in a situation of incompatibility.

(n) undue nonappearance in the research committees of the general courts and of the legislative assemblies of the autonomous communities.

(o) the workplace harassment.

(p) also will be very serious misconduct which are classified as such in law of the Cortes Generales or the Legislative Assembly of the corresponding Autonomous Community or by collective agreements in the case of workforce.

3 the serious misconduct shall be established by law of the Cortes Generales or the Legislative Assembly of the corresponding Autonomous Community or collective agreements in the case of workforce, according to the following circumstances: to) the degree in which infringed the law.

(b) the severity of the damage to the public interest, property or property management or citizens.

(c) the public image of the administration into disrepute.

4. the laws of civil service that are handed down in development of this Statute shall determine the regime applicable to the minor, according to the previous circumstances misconduct.

Article 96. Sanctions.

1 the following sanctions may be imposed by reason of the fouls committed: to) separation from service of officials, in the case of interim officials behave the revocation of his appointment, and that can only punish the Commission of misconduct very serious.

(b) disciplinary dismissal of the workforce, that only the Commission of very serious misconduct shall be punishable and shall entail the disqualification to be the holder of a new contract of employment with functions similar to those that played.

(c) suspension firm functions, or employment and salary in the case of the workforce, with a maximum duration of 6 years.

(d) forcible transfer, with or without change of locality of residence, for a period to be determined in each case.


(e) demerit, which consist of the penalty for the purposes of race, promotion or voluntary mobility.

(f) warning.

(g) any other which is established by law.

2. proceed the readmission of the fixed workforce when it is declared unfair dismissal agreed as a result the initiation of a disciplinary dossier by the Commission of a very serious.

3. the scope of each penalty shall be established taking into account the degree of intentionality, carelessness or negligence that is revealed in behavior, damage to the public interest, the reiteration or repetition as well as the degree of participation.

Article 97. Prescription of fouls and penalties.

1. very serious infringements barred to three years, the major two years later and the minor at six months; sanctions imposed for very serious misconduct shall be extinguished after three years, those imposed for serious misconduct after two years, and those imposed for minor misconduct a year.

2. the period of limitation of the failures will start counting since they had committed, and since the cessation of his Commission in the case of continued failures.

The sanctions, from the firmness of the sanction resolution.

Article 98. Disciplinary procedure and provisional measures.

1 may impose punishment for the Commission of serious or very serious faults but through the previously established procedure.

The imposition of sanctions for minor misconduct be held by summary procedure with hearing the person concerned.

2. the disciplinary procedure established in the development of this Statute will be structured according to the principles of efficiency, speed and judicial economy, with full respect for the rights and guarantees for the defence of the suspect.

In the procedure shall be established the due separation between instructor and the sanctioning power, entrusting it to different organs.

3 when so provided in the rules governing the proceedings, may adopt through reasoned ruling provisional measures that ensure the effectiveness of the final resolution that could fall.

The provisional suspension as precautionary measures in dealing with a disciplinary record may not exceed 6 months, except in case of stoppage of the procedure due to the person concerned. The provisional suspension may agree also during the processing of a judicial procedure, and will be maintained by the time a that extends the detention or other measures enacted by the judge to determine the inability to perform the job. In this case, if the provisional suspension exceeds six months it does not imply loss of the job.

Temporary suspense official entitled to perceive during suspension earnings basic and, where appropriate, family allowances per dependent child.

4 when the interim suspension to rise to definitive, official must return what is perceived during the duration of that time. If the provisional suspension should not become definitive sanction, administration must restore to the official the difference between really perceived assets and that had due perceive if it had found with fullness of rights.

Time spent in provisional suspension shall be payment for the performance of the firm suspension.

When the suspension is not declared firm, how long it will be calculated as from active service, and must remember the immediate reinstatement official to his work, with recognition of all economic and other rights that apply from the date of suspension.

Title VIII cooperation between the public authorities article 99. Relations of cooperation between public administrations.

Public administrations will act and interact each other in matters subject to this Statute in accordance with the principles of cooperation and collaboration, respecting, in any case, the legitimate exercise by the other administrations of their competencies.

Article 100. Cooperation bodies.

1. the Conference sector of public administration, as an organ of cooperation in public administration of the General Administration of the State, of the administrations of the autonomous communities, of the cities of Ceuta and Melilla, and the Local Administration, whose representatives shall be appointed by the Spanish Federation of municipalities and provinces, such as Association of local State with greater implementation-level entities without prejudice to the competence of other sectoral conferences or equivalent bodies, it will assist in its operation and organization to the existing legislation on the legal regime of public administrations.

2. you create the Commission coordination of public employment as technical body and working of the sectoral Conference on public administration. This Committee will be effective the coordination of personnel policy between the administrations of the cities of Ceuta and Melilla and autonomous communities and local authorities, the General Administration of the State and in particular deserves: to) promote the actions necessary to ensure the effectiveness of the constitutional principles in access to public employment.

(b) study and analyze the projects of basic legislation on public employment, as well as to issue report on any regulatory project showing by public administrations.

(c) drawing up studies and reports on public employment. These studies and reports will be sent to the trade unions present in the General table of negotiation of the public administrations.

3 make up the Commission of coordination of the public employment holders of those executive bodies of the human resources policy of the General Administration of the State, administrations of the autonomous communities and the cities of Ceuta and Melilla, and the representatives of the Local Administration appointed by the Spanish Federation of municipalities and provinces, as an Association of local authorities of State level with higher implantation , in the terms to be determined by regulations, after consultation with the autonomous communities.

4. the Commission for coordination of public employment shall draw up its own rules of organization and functioning.

First additional provision. Specific scope.

The principles contained in articles 52, 53, 54, 55 and 59 shall apply in State, regional and local public entities, that are not included in article 2 of the present Statute and who are thus defined in their specific legislation.

Second additional provision. Application of the provisions of this Statute to the FORAL institutions.

1. this Statute shall apply to the region of Navarre in the terms established in article 149.1.18. ª and first additional provision of the Constitution and the organic law 13/1982, of 10 August, of reintegration and improvement of the Foral regime in Navarre.

2. in the area of the autonomous community of the Basque country this Statute shall apply in accordance with the first additional provision of the Constitution, with article 149.1.18. ª of the Constitution and the organic law 3/1979 of 18 December, which approves the Statute of autonomy for the Basque country. The powers provided for in the second additional provision regarding officials state-enabled will be shown by the FORAL institutions from their historical territories or by the common institutions of the autonomous community, in the terms provided the autonomic regulation.

Third additional provision. Officials of the cities of Ceuta and Melilla.

1 officials of the administrations of the cities of Ceuta and Melilla are governed by provisions of this Statute by statutory regulations that its development may approve their assemblies in the framework of their respective statutes, rules that can dictate the State in its development and by the General Administration of the State civil service law.

2 within the framework of the provisions of the previous issue, the assemblies of Ceuta and Melilla, shall also be, the following functions: to) the establishment, modification and suppression of scales, subscales and kinds of officials, and the classification of them.

(b) the approval of the templates and job relations.

(c) the regulation of the procedure of provision of management positions as well as its permanence and ceasefire regime.

(d) the determination of the failures and minor disciplinary sanctions.

3. officials transferred shall be governed by the law of public function of the General Administration of the State and its implementing rules. However, you can integrate as officials of the city that have been transferred in the administrative situation of service in other public administrations.

Fourth additional provision. Application of this Statute to the independent State-level authorities.

Provisions of this Statute shall apply to the administrative authorities independent of the State level, entities of public law regulated in articles 109 and 110 of the law 40/2015, on 1 October, of legal regime of the Public Sector, in the manner provided for in its laws of creation.

Fifth additional provision. Retirement of officials.


The Government will present a study on the different systems of access to retirement of officials which contains, inter alia, recommendations to ensure non-discrimination between groups with similar features and the convenience of expanding access to early retirement of certain groups in the Congress of Deputies.

Sixth additional provision. Other professional groups without qualification requirement.

1. in addition to the qualifying groups established in article 76 of the present Statute, public administrations may establish other groups different from the listed above, for access to which does not require being in possession of any of the qualifications provided for in the educational system.

2. officials who belong to these groups when they meet the required qualifications can promote in accordance with article 18 of this Statute.

Seventh additional provision. Equality plans.

1. public administrations are obliged to respect the equality of treatment and opportunities in the workplace and, to this end, shall adopt measures aimed to prevent any kind of discrimination between women and men.

2. without prejudice to the provisions of the preceding paragraph, the public administrations must develop and implement an equality plan to develop in the collective agreement or agreement on working conditions of staff official who is applicable, under the terms provided in the same.

The eighth additional provision.

Race officials have guaranteed economic rights achieved or recognized in the framework of career systems established by the laws of each public administration.

Ninth additional provision.

Career career officers will begin in grade, level, category, step and other similar concepts corresponding to the square initially assigned to the official after passing the appropriate selection process, which shall be regarded as minimum. From those, there will be promotions that apply according to the applicable career mode in each field.

Tenth additional provision. Scope of article 87.3.

The staff referred to in article 4 of this Statute which is declared in special services or similar administrative situation, apply the rights set out in article 87.3 of the present Statute in so far as such application is compatible with your specific legislation.

Eleventh additional provision. Military personnel who provide services in the civil administration.

1. the career military personnel will serve in the civil administration in terms which set each public administration in those posts in which you specify this possibility, and those arising by bidders, according to the principles of merit and ability, prior participation in the corresponding public call for the provision of such posts , and previous compliance with the requirements, where applicable, can be established for this purpose by the Ministry of defence.

2 will be to the military personnel who provide services in the civil administration of application rules of the same in terms of time and work schedule; holiday, permits and licences; and disciplinary regime, while punishment of severance may be imposed only by the Minister of defence.

It shall not them apply provisions for internal promotion, administrative, administrative situations and mobility, without prejudice that may participate in procedures for the provision of other jobs open to this staff in the civil administration.

Eligibility for benefits will be basic remuneration which they are entitled in their status as career military, and the corresponding to the position of work complementary. Possible promotions that may occur in your military career will not result variation in remuneration conditions of the played position.

Its Social security scheme will be which corresponds to them as a career.

When occurs the termination, removal or suppression of the job of the civil administration that came to play, must return to the military administration in the situation that corresponds to them unless they are les application existing in these so-called criteria for the personal civil servant.

Twelfth additional provision. Tables of negotiation in specific areas.

1 for the negotiation of the working conditions of the staff officer or statutory of their respective fields, following negotiation tables will be: to) non-university teaching staff, for the issues that must be negotiated within the area of competence of the Ministry of education, culture and sport.

(b) of the staff of the administration of Justice, to the issues that must be negotiated within the area of competence of the Ministry of Justice.

(c) of the statutory staff of the health services for issues that must be negotiated within the area of competence of the Ministry of health, social services and equality and which will assume the functions and duties provided for in article 11.4 of the framework statute of the statutory staff of the health services. Table is referred to as "Field of negotiation".

2. in addition to the representation of the General Administration of the State, provide these tables of negotiation, trade union organizations referred to in the second subparagraph of article 33.1 of the Statute, whose representation will be distributed on the basis of the results obtained in the elections to bodies representing staff in the specific field of negotiation that in each case corresponds considered at the State level.

Thirteenth additional provision. Permission for private affairs by seniority.

Public administrations may provide up to two additional days of permission for issues particular to fulfill the sixth three-year period, increasing, maximum, in an additional day for each triennium fulfilled from the eighth.

Fourteenth additional provision. Additional days of vacation by seniority.

Each public administration may establish up to a maximum of four additional vacation days depending on the time of services rendered by public servants.

Fifteenth additional provision. Register of staff representation bodies.

Public administrations will benefit from a registry organs of representation of staff serving them and their agencies, agencies, universities, and subsidiaries in which will be subject to registration or annotation, at least, acts adopted in its scope that affect the creation, modification or deletion of official staff representative bodies, statutory or employment , create modification or suppression of unions, the members of such bodies and trade union delegates. Likewise, l'objet annotation schedules credits, their assignments and Union releases resulting from the application of rules or agreements that affect the obligation or the regime of assistance to work. The creation of these records will adjust the current legislation on the protection of personal data.

Sixteenth additional provision. Permit paid to pregnant female employees.

Each public administration, within its scope, may establish the officials pregnant, a paid leave from the first day of week 37 of pregnancy, up to the date of confinement.

In the case of multiple gestation, this permission can start the first day of the week 35 of pregnancy, up to the date of delivery.

First transitional provision. Guarantee of remuneration rights.

1. the development of the present Statute may not act for staff included in its scope of application, the decrease in the amount of the economic rights and other incentive payments inherent in the system of current race for them at the time of its entry into force, anyone who is the administrative situation in that are.

2. If staff included in the scope of this Statute is not located in the location of active duty, be recognized him economic rights and incentive payments referred to in the preceding paragraph from the moment in which his reentry to active duty occurs.

Second transitional provision. Fixed labour staff performing functions or positions classified as their own personal official.

The fixed workforce that the entry into force of law 7/2007, of 12 April, is is as a staff officer, or spend to perform them under evidence of selection or promotion convened prior to that date, you can continue to play them.


You can also participate in the selective processes of internal promotion convened by the system of competition, independently or together with the selective processes of free competition, in those bodies and scales that appear attached functions or positions that perform, provided that you possess the necessary qualifications and meet the remaining requirements, evaluating these effects as merit effective services as fixed workforce and tests selective overcome to access this condition.

Third transitional provision. Entry into force of the new professional classification.

1. up to not generalize the implantation of new university qualifications referred to in article 76, for access to the civil service shall remain valid official university qualifications in force at the entry into force of this Statute.

2. temporarily, existing classification groups the entry into force of law 7/2007, of 12 April, status will be integrated into the groups of professional classification of staff provided for in article 76, according to the following equivalences: Group A: subgroup A1.

Group B: subgroup A2.

Group C: subgroup C1.

Group D: C2 subgroup.

Group E: professional groupings referred to in the sixth additional provision.

3. the subgroup C1 officials who meet the required qualifications can promote to group A without having to go through the new group B, in accordance with article 18 of this Statute.

Fourth transitional provision. Consolidation of temporary employment.

1. public administrations can make calls for consolidation of employment positions or structural spaces corresponding to their various bodies, scales, or categories, which are endowed with budgetary resources are held interim or temporarily prior to January 1, 2005.

2. the selective processes will ensure compliance with the principles of equality, merit and capacity and advertising.

3. the content of the tests will keep related procedures, tasks and usual functions of posts object for each call. In the contest phase estimate, among other merits, services provided in Government time and experience in jobs covered by the call.

The selective processes will be developed in accordance with the provisions of paragraphs 1 and 3 of article 61 of the present Statute.

Fifth transitional provision. General Electoral procedure.

While determined the general electoral procedure laid down in article 39 of the present Statute, the following articles of the law 9/1987, of June 12, representative bodies, determination of the conditions of work and participation of the staff in the service of the public administrations will remain with character of basic legislation: 13.2, 13.3, 13.4, 13.5, 13.6, 15 16, 17, 18, 19, 20, 21, 25, 26, 27, 28 and 29.

Sixth transitional provision. Duration of paternity leave for the birth, foster care or adoption of a child for the personal officer until the entry into force of the Act 9/2009, of 6 October.

Without prejudice referred to in article 49, point (c)), the duration of paternity permission for the personal officer will remain 15 days until there is the entry into force of article 2 of law 9/2009 of 6 October.

Seventh transitional provision. Reference to the regulatory bodies.

Until the entry into force of the law 40/2015, on 1 October, of legal regime of the Public Sector, forecasts contained in the fourth additional provision of this law shall be referred to the regulators of the tenth additional provision 1 of law 6/1997, of 14 April, organization and functioning of the General Administration of the State.

Eighth transitory provision. Application of article 84.3.

As laid down by the fourth final provision, the provisions contained in article 84.3 in relation to how to proceed in the event of cessation of place of appointees, will be application in public administration in which the corresponding Development Act been adopted.

Sole repeal provision.

They are hereby repealed to the extent laid down in paragraph 2 of the fourth final provision, the following provisions: a) of the law of civil servants of the State approved by Decree 315/1964, February 7, items 1, 2, 3, 4, 5.2, 7, 29, 30, 36, 37, 38, 39.2, 40, 41, 42, 44, 47, 48, 49, 50, 59, 60, 61 63, 64, 65, 68, 71, 76, 77, 78, 79, 80, 87, 89, 90, 91, 92, 93, 102, 104 and 105.

(((b) of the law 30/1984 of 2 August, of measures for the reform of the public function, the articles 3.2. e) and f); 6; 7; 8; 11; 12; 13.2, 3 and 4; 14.4 and 5; 16; 17; 18.1-5; 19.1-3; ((((((20.1. to), b) first subparagraph, c), e) and g) first paragraphs room, e i), 2 and 3; 21; with the exception of the two last paragraphs 22.1; 23; 24; 25; 26; 29, with the exception of the last paragraph of paragraphs 5, 6 and 7; 30.3-5; 31; 32; 33; additional provisions tercera.2 and 3, fourth, twelfth and fifteenth, transitional provisions second, eighth and ninth.

(c) the law 9/1987, of June 12, representative bodies, determination of the conditions of work and participation of the staff in the service of the public administrations, except its article 7 and with the exception referred to in the fifth transitional provision of this Statute.

(d) of the Act 7/1985, of 2 April, regulating the bases of Local Government, chapter III of title VII.

(e) the Royal Decree legislative 781/1986, of 18 April, revised text of the legal regulations in the field of Local Government, chapter III of title VII.

(f) all the rules of equal or lower rank which contradict or conflict with the provisions of this Statute.

First final provision. Enabling skills.

The provisions of this Statute are issued on the basis of article 149.1.18. ª of the Constitution, constituting those bases of the statutory scheme for the civil servants; on the basis of article 149.1.7. ª of the Constitution, so it refers to the labour legislation, and on the basis of article 149.1.13. th the Constitution, bases and coordination of the general planning of economic activity.

Second final provision.

The provisions of this law are applicable to all the autonomous communities respecting in any case unique positions in the field of institutional system and the shared and exclusive competence in matters of public service and of self-organization that attributed to them their respective statutes of autonomy, within the framework of the Constitution.

Third final provision. Modification of the law 53/1984, of 26 December, incompatibilities of personnel at the service of the public administrations.

Amending paragraph 1 of article 16, which is drawn up in the following way: article 24 of the present Statute include factor incompatibility to the paid by tariff and managers» including the subject to the employment relationship of the special character of senior management.»

Fourth final provision. Entry into force.

1. the provisions of chapters II and III of title III, except article 25.2, and in chapter III of title V will produce effects after the entry into force of the laws of civil service that are handed down in development of this Statute.

The third final provision of this Statute will produce effects in each public administration starting from the entry into force of chapter III of title III with the approval of the laws of civil service of the administrations public handed down in development of this Statute. Even these assumptions make effective authorization or denial of compatibility will continue to be governed by current legislation.

2. until issued civil service laws and the regulations of development shall remain in force in each public administration regulations on management, planning and human resources management while they is not contrary to the provisions of this Statute.

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