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Royal Decree 264/2011, February 28, Which Passes The Public Employment Offer For 2011.

Original Language Title: Real Decreto 264/2011, de 28 de febrero, por el que se aprueba la oferta de empleo público para el año 2011.

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TEXT

The impact of the economic crisis forces the continued adoption of measures to allow for the redimensioning of the most appropriate human resources and organizations, but the quality of the the provision of public services and the provision of care to citizens and with regard to the principle of efficiency in the operation of the administration. Therefore, the government is adopting an economic policy aimed at fiscal consolidation, with the adoption of measures to control public spending and austerity in the performance of public administrations.

The Council of Ministers ' Agreement of 29 January 2010, approves both an Immediate Action Plan for the said year and an austerity plan for the period 2011-2013.

Among the measures contained in the Austerity Plan cited is the containment of personnel expenses through actions that are implemented, in particular, with the implementation of a restrictive strategy in the configuration of of offers of public employment.

In line with the above, Law 39/2010 of 22 December of the General State Budget for the year 2011 establishes restrictions on the incorporation of new income personnel, as set out in Article 23 (2) of the Treaty. one that for the current year the total number of places of new income of the staff of the public sector will be at most equal to the 10 percent of the rate of replacement of staff with general character, rate that is fixed in up to 30 percent for the access to the Corps of teaching officers.

It is also indicated that the replacement of personnel will be concentrated in the sectors, functions and professional categories that are considered to be priorities or that affect the functioning of the essential public services.

In this context, the Public Employment Offer for 2011 is distributed with the criterion of allocation of places to those areas, sectors, functions and territories most in need of staff, taking into account a concept flexible for the attention of sectors that are also strategic. Likewise, the criterion of preferentially the offer of free admission to official staff of Subgroups A1 and A2 according to the distribution of competence attributed to the General Administration of the State in the framework of the model is addressed. constitutional.

This Royal Decree is therefore intended to comply with the above, as well as to establish the principles that must govern the planning of human resources and the criteria that must guide the processes of human resources. selection of the candidates best suited to the needs of the General Administration of the State, in line with the provisions of Article 70 of the Basic Staff Regulations, which provides for the possibility of the offer of employment the public can contain, not only the incorporation of new income staff, but also also other measures derived from human resource planning.

On the other hand, the effort to contain public spending and the efficient use of resources is driving towards a better use of existing human resources in the areas and areas of public administration. This suggests, in turn, to guide the existing possibilities of internal selective processes to meet the needs of personnel, so that, in addition, professional expectations of the staff official on promotion, specialization or mobility.

Article 23 (3) of Law 39/2010 provides for the procedure for the authorization of the Public Employment Offering that corresponds to the Government that refer to the staff of the Civil Administration of the State, its Agencies Autonomous and State Agencies as well as the rest of the staff included in the areas referred to in that Article and paragraph are specified.

Likewise, the aforementioned article indicates that it is up to the Ministries of Territorial Policy and Public Administration and Economy and Finance to authorize the corresponding calls for positions or vacant positions of the business public entities, bodies and public entities not mentioned in Article 23 (3), in compliance with the overall rate of replacement of staff established in general.

In its virtue, on the proposal of the Minister of Territorial Policy and Public Administration, with the favorable report of the Ministry of Economy and Finance, heard the Higher Commission of Personnel and after deliberation of the Council of Ministers at their meeting on 25 February 2011,

DISPONGO:

Article 1. Approval of the offer of public employment and human resource planning.

1. In compliance with the provisions of Article 70 of Law 7/2007, of 12 April, of the Basic Staff Regulations and in Article 23 of Law 39/2010 of 22 December 2011, of the General Budget of the State for the year 2011, the public employment offer for 2011 in the terms set out in this Royal Decree.

2. In accordance with Article 70.3 of Law 7/2007 of 12 April, the planning of human resources in the General Administration of the State will be linked to the fulfilment of the following objectives of the employment policy: attention to sectors affecting the functioning of essential public services, the proper sizing of the volume of staff, the austerity and efficiency of human resources policies and the effectiveness of distribution territorial, as well as the reduction of temporality in the public sector.

Article 2. Quantification of the public employment offer.

1. The public employment offer 2011 includes the needs of human resources, with budgetary allocation, to be provided through the incorporation of new income staff. As set out in the Basic Staff Regulations, the offer of public employment, as an instrument for the planning of the human resources available, defines and quantifies the personnel according to the needs and priorities of the Government departments and public policy priorities. Such distribution shall be carried out in accordance with the provisions of the Articles and the Annexes to this Royal Decree.

2. According to the previous paragraph, the criterion of selective replacement of casualties will be applied, which means that the new revenues will be directed to the most effective sectors, functions and territories. Preference will therefore be given to the replacement of sectors and the activities and essential functions of the organisation. It will also seek to improve the functional and territorial distribution of the workforce, encouraging the incorporation of new personnel into the territories with greater needs, especially reinforcing the presence of the General Administration. of the State in the territory and rationalizing the common services and horizontal units of the Departments, with the objective of achieving their adequate redimensioning.

3. Taking into account the limitation of the replacement rate and in order to be able to respond to the demand for general bodies, the Secretariat of State for the Civil Service, through the Directorate General of the Civil Service, will determine the the distribution of the new personnel of these bodies, attached to the different Departments, according to the general planning of the human resources and the policies to be developed to the effect.

Article 3. Provision of jobs and mobility.

1. The staff needs of the different units in each department, autonomous body, agency or managing body and common service of social security, shall be provided preferably by the change of posts between the units. same, the reallocation of the staff and the temporary attribution of functions.

To this end, the Sub-secretariats and the other competent Directive Centres will promote the use of the Special Jobs Relationship provided for in the third paragraph of the Council of Ministers Agreement of 2 July 2010 by which certain measures of austerity and efficiency in the field of public employment are approved.

2. Inter-departmental mobility, rereceipts to active service and internal promotion processes shall be directed towards the coverage of vacant positions or occupied by interim staff in those Departments, Agencies, functions and territories which, in the human resources planning framework is considered to be a priority, in accordance with the criteria to be determined by the Secretariat of State for the Civil Service.

3. For this purpose, the design contests may condition the mobility of the staff assigned to those areas or tasks which are considered to be a priority.

The non-incorporation of new personnel may also be envisaged through competitions in the Departments or Agencies that do not have the consideration of priority.

Article 4. General criteria for application in selective processes and on the advertising and management of these processes.

1. The selective processes of career civil servants arising from the present offer of public employment will apply to the Order APU/3416/2007 of 14 November, establishing the common bases that will govern the processes selective for admission or access to bodies or scales of the General Administration of the State, as amended by Order PRE/2061/2009, of 23 June.

2. The calls must be made favourably by the Directorate-General for the Civil Service. For these purposes, the Ministerial Departments will send the specific bases of the processes to that Directorate General, before March 31, 2011.

When the Authority calls upon the Directorate-General of the Civil Service to send the respective calls for the purpose of issuing the report referred to in the previous paragraph, they shall contain a reference to the the numerical composition distributed by sex, of the bodies and scales or groups of titration which are the subject of the relevant call.

3. The Departments will use the available IT and telematics means to speed up calls and take concrete measures in order to reduce administrative burdens

They will also ensure that information is made in appropriate formats, following the rules set out by the design principle for all, so that people with disabilities are accessible and understandable.

4. It shall be ensured that the selective processes of career civil servants are completed in the present year, except where the same includes a period of practice or selective course

5. Calls for work staff shall be governed by their specific rules.

6. In those selective processes where there is physical evidence, they shall establish different scales for women and men, where the nature of the evidence so requires or there is a legitimate and proportionate justification of the different treatment. All this, within the framework of Article 5 of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

If any of the applicants could not complete the selective process because of the risk of pregnancy or due to due birth, their situation will be conditioned to the completion of the process and to the overcoming of the phases that have been deferred, and cannot be delayed in such a way as to undermine the right of the other candidates to a resolution of the process adjusted to reasonable times, which must be appraised by the Court, and in any case the realization will take place before the publication of the list of applicants who have passed the process selective.

7. As a general rule, in the selective processes resulting from the present offer of public employment, the basis for the call may be to preserve the note of the financial years, provided that the note exceeds 60% of the maximum rating. The validity of this measure shall apply to the following immediate call, provided that it is analogous to the content and form of qualification.

8. In the case of selective processes where there is a stage of competition, consideration shall be given, specifically among other merits, to the assessment of the experience accredited by the candidates who, acting on an interim or temporary basis, have performed duties. analogous.

9. They shall be made public within the maximum period of 48 hours from the completion of the test, specifying the corrective templates for those selective processes that include testing with alternative responses.

10. The thematic of selective evidence derived from this offer will include in the issues of public policy special reference to social policies, including policies of equality and against gender-based violence, as well as those aimed at caring for disabled and/or dependent persons.

11. The composition of the Organ of Selection shall be in accordance with the provisions of Article 60 of Law 7/2007 and the parity between women and men shall be guaranteed. This measure shall be taken into account when appointing the members who shall hold the presidencies and secretariats of those members.

Participation in the Courts and Organ of the selection of persons with disabilities will be promoted in those processes in which there is reserve shift for this collective.

They may not be part of the Organ of Selection for entry into bodies or scales of officials or categories of labor personnel, who have the consideration of High Cargo in accordance with the provisions of Law 5/2006, of 10 April, to regulate the conflicts of interest of the members of the Government and the High Charges of the General Administration of the State.

The selection bodies will apply principles of austerity and agility in their actions in order to order the development of the selective processes, without prejudice to the compliance with the principles of conformity with the established in the Basic Staff Regulations.

12. The calls for the selective processes of official personnel, together with their bases, will be published in the Official Gazette of the State.

Of the calls for work staff of the General Administration of the State, a review shall be published in the Official Gazette of the State, containing at least the number of places by category and the place or places in which they appear. The full basis of the calls is given.

In both cases, the websites of the Departments and Organisms as well as the website www.060.es will be used for this purpose. The possibilities offered by technological developments in the field of selective processes will be exploited, enhancing the electronic submission of applications and providing information via the Internet.

For these purposes, the various ministries and bodies that offer places will include in their website a dedicated address for selective processes, in which they will collect each one of the calls and the acts derived from them, incorporating, where possible, the relationships of eligible and excluded applicants, as well as the relations of the approved in each of the exercises in accordance with the rules in force in the field of data protection.

13. The submission of instances and, where appropriate, the payment of the corresponding fee shall be carried out in a telematic manner in those ministerial departments and public bodies which have such possibility in their electronic records.

Ministerial departments and public bodies which do not have an electronic register for the processing of candidates ' registration in the selective tests may set up conventions on the Management with the Ministry of Territorial Policy and Public Administration to make it easier for it to be carried out through the registry located on the website www.060.es.

14. The calls for selective processes arising from this offer may provide for the requirement that applicants who pass such tests apply for use only by using electronic means when the conditions are met. In view of the provisions of Article 27.6 of Law 11/2007, of 22 June of the citizens ' electronic access to public services.

15. The calls for the selective processes and their bases, as well as all the information concerning the calls and the development of selective processes, will be sent to the mailbox empleopublico@mpt.es by the Convening Body with the aim of to allow the greatest possible follow up through the channels of attention to the citizen. The person responsible for managing this mailbox will publish on the www.060.es website the calls and their bases as any information related to the selective processes

The Ministry of Territorial Policy and Public Administration will make it easier for the Court or the Selection Body to subscribe to the 060 to receive alerts through the channels enabled for the purpose of analyzing the adequacy of the information provided.

The treatment of information by telematic means will take into account the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

16. The basis for the call will take into account the need for a minorising of administrative burdens for the citizen, facilitating and simplifying the relations between the convening administration and the applicants.

17. The departments may implement measures of an economic nature to facilitate the preparation, such as aid or grants, as well as other measures, which will be arbitrated in accordance with the available budgetary resources and existing measures. containment of public expenditure. They shall also respect the constitutional principles of access to the Civil Service and support for internal promotion.

18. In accordance with the provisions of Royal Decree 522/2006 of 28 April 2006, the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its Bodies is deleted. Related or dependent public, no photocopy of the identity card or equivalent card will be required in the submission of applications to participate in selective processes.

19. In order to reduce the time limits for the incorporation of the temporary official staff, the actions already carried out in ordinary selective processes will be used, in general, in accordance with the Resolution of the Secretariat of State for the Public Administration of 24 February 2009 establishing the procedure for the approval and management of lists of candidates for the bodies of the General Administration of the State, whose selection is entrusted to the Standing Committee of the Selection. For the rest of the bodies and scales will be necessary authorization from the General Directorate of the Civil Service.

Article 5. Access and promotion for people with disabilities.

1. According to the provisions of Article 59 of Law 7/2007 of 12 April, 7% of the places offered to be covered by persons with disabilities shall be reserved, considering as such those defined in Article 1 (2) of the Treaty. Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility for persons with disabilities, provided that they overcome the selective processes and demonstrate their disability and compatibility with the performance of the the functions, so that, progressively, 2 percent of the total troops in the General Administration of the State.

2. The 7 percent reserve indicated in the previous section will be made in such a way that 2 percent of the places offered are to be covered by people who credit intellectual disabilities and 5 percent of the places offered. is for people who credit any other type of disability.

3. The content of this article will be applicable to the provisions of Royal Decree 2271/2004 of 3 December 2004 governing access to public employment and the provision of jobs for persons with disabilities.

4. In the case of selective testing, including training courses or traineeships, they shall be established for persons with disabilities as defined above, as required by the necessary adjustments and reasonable adjustments of time and means. for its implementation, in accordance with the provisions of Order PRE/1822/2006 of 9 June 2006 laying down general criteria for the adaptation of additional times in the selective processes for the access to public employment of persons with disability.

5. Places reserved for persons with disabilities may be convened in conjunction with ordinary places or by means of an independent call for free processes, ensuring, in any case, the individual character of the processes.

Places reserved for persons with intellectual disabilities shall be convened on a separate shift, except for internal promotion, which shall be jointly convened with the rest of the same.

6. In the event that one of the disabled applicants who had been presented by the reserve quota exceeded the exercises and did not obtain a place in the quota, the score higher than that obtained by other applicants in the system general access, this will be included by your order of punctuation in the general access system.

7. The Annexes to this Royal Decree include the reservation of places in bodies, scales or categories whose activities or functions are compatible, to a greater extent, with the possible existence of a disability. The number of reserved places will be included in the corresponding specific bases of the calls.

8. Places reserved for disabled people who are left deserted in the free access process cannot be added to the general shift, adding up to the next year's offer, up to a maximum limit of 10%.

9. In internal promotion processes, places reserved for persons with disabilities that remain deserted will accumulate to those of the general shift of these internal promotion processes.

Article 6. Internal promotion.

1. The internal promotion shall be applied to the criteria of austerity and containment of public expenditure, as set out in the present offer of public employment.

2. In the framework of the regulatory legislation of the internal promotion processes, 452 places are convened for the different groups and subgroups of professional classification of the career civil staff, with the distribution by bodies and scales that are listed in Annex II. These selective internal promotion processes may be convened in conjunction with the ordinary calls for new revenue, or by means of an independent call.

3. By titration groups, the distribution of internal promotion places is as follows:

Group A:

Subgroup A1: 69.

Subgroup A2: 114.

Group C:

Subgroup C1: 169.

Subgroup C2: 100.

Total: 452.

4. Internal promotion shall be carried out by means of selective processes that ensure compliance with the constitutional principles of equality, merit and capacity as well as those referred to in Article 55.2 of Law 7/2007 of 12 April.

In accordance with the second transitional provision of the said law, the labour staff fixed that at the entry into force of the law it is carrying out official staff duties, or will be able to perform them by virtue of tests selection or promotion convened prior to that date, may continue to perform them. In addition, it may participate in the selective internal promotion processes called by the system of competition, in those bodies and scales to which the functions or posts it carries out, together with the staff, are attached to it. official.

Both the staff and the official must be in possession of the required qualification, have an age of at least two years of active service in the professional group or sub-group from which it is promoted, other requirements to be required and to exceed the relevant selective tests.

It will be the specific bases of each call that will determine the collectives that will be able to participate in each process and the characteristics and conditions of each call.

The fixed workforce involved in these processes will be assessed as merit in the competition phase of the effective services provided as fixed labour staff, as well as the selective tests exceeded to access that condition. Specific training shall also be provided where appropriate.

5. In accordance with the provisions of Article 22.2 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, selective processes may be called for horizontal internal promotion for access to bodies and scales of the General administration of the State from others in the same subgroup, provided that the candidates perform functions substantially coincident or analogous in their professional content and at their technical level, advantages are derived for the management of the services, are in possession of the required qualification, have provided effective services during the less than two years as career civil servants in bodies or scales of the same body or scale group to which they intend to access and exceed the relevant tests.

For the year 2011, selective processes of horizontal internal promotion access are called to the Scales that are listed below, from which they are also specified:

CSIC Research Professors Scale from the CSIC Head of Science Escalas or from the CSIC Scientific Researchers Scale.

CSIC Scientific Researchers Scale from the CSIC's Headline Scientists Scale.

CSIC Headline Scientists Scale from the CSIC Specialized Higher Graduates Scale.

Scale of Researchers ' Holders of Public Research Bodies from the Scale of Senior Technicians of Public Research Bodies.

Article 7. Fixed employment contracts in public entities and public entities

In Annex I of this Royal Decree, new entry places are included in the public entities and public entities according to the same criteria as set out in this provision for the rest of the the public employment offer of the General Administration of the State.

Likewise, the Ministries of Territorial Policy and Public Administration and Economy and Finance will be able to authorize in 2011 the convocation of places that respond to the needs of oversold during the financial year they must be covered without delay in order not to undermine the normal activity of the Agency concerned. In any case, these places must comply with the rate of replacement of staff established in general in Article 23 One of Law 39/2010 of 22 December.

The notice of the calls referred to in the preceding two paragraphs shall be published at least in a national newspaper and shall include at least the number of places and the category covered by the call, as well as the place or places where the full bases are exposed.

In order to allow for the proper optimization of existing human resources in the public sector, public entities and public entities will be able to contract, with the joint authorization of the Ministries of Territorial Policy and Public Administration and Economic and Financial Affairs, to official or permanent staff from Departments or Public Bodies included in the field of public employment as defined in Article 23 Three, first paragraph of Law 39/2010, of 22 December. The Ministry of Territorial Policy and Public Administration will determine the procedure by which advertising and free competition will be guaranteed in this type of hiring.

Article 8. Staff of the Administration of Justice, Corps of Teaching Officers and statutory staff for the Hospital Network of Defense.

1. Annex III to this provision includes the offer relating to staff at the service of the Administration of Justice, distinguishing in the number of places those corresponding to the scope of the Ministry of Justice of which they are themselves Autonomous Communities that have received transfers of personal means in this field.

The Ministry of Justice is authorized to call for selective testing for entry into the Bodies listed in the above Annex.

2. Annex IV to this Royal Decree also includes the places of teaching staff, which are derived from the requirements for the development of Law 2/2006, 3 May, Education and the Ministry of Education, the call for evidence selective of the same.

3. Annex V includes the seats of statutory personnel authorized to the Ministry of Defense to provide their services in the centers of the Hospital Network of the aforementioned ministerial department.

Article 9. Management Commits

1. In the event that there were no lists of candidates from the ordinary selective processes, within the meaning of Article 15 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the General and the Common Administrative Procedure, for reasons of effectiveness and prior to the favourable report of the Directorate-General of the Civil Service, the material management of the selective testing of personnel acting as an interim official may be entrusted to the Ministries or Bodies of which the posts to be covered by official staff are dependent interim.

2. Competition for the call and resolution of selective tests for permanent staff, for internal promotion and free access procedures in the field of the III Single Convention for the staff of the General Administration of the State, it corresponds to the Directorate General of the Civil Service, which may entrust the management to the different Departments of Ministeriales, as established in Article 30.1 of the said Convention

3. The material management entrusted to the two preceding paragraphs shall be carried out in the following activities: receipt of requests for participation in the selective tests; proposal of the resolutions declaring the approval of the lists of admitted and excluded persons and the place and date of commencement of the first financial year, as well as the list of candidates excluded, indicating the causes of exclusion; proposal of the members to form the courts Test qualifiers; management of the operational necessary for the material development of the exercises; receipt of the documents proving the conditions of capacity and conditions required in the calls referred to in Article 23 of the General Staff Regulations to the Service of the Administration General of the State and Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995, of March 10, and any other procedures related to the activities of the selective process, the management of which is entrusted, provided that it does not alter the ownership of the competition and the substantive elements of its exercise.

4. The expenditure incurred by the management of these items shall be borne by the budgetary section of the Ministry or Agency entrusted with the management.

5. The period of validity of the management requirements shall be set out in the instrument of formalisation of the management system.

6. The management mandate does not entail the transfer of ownership of the powers or the substantive elements of their exercise. It is the responsibility of the competent body or in which the competent body has delegated acts or decisions of a legal nature to support or to integrate the particular material activity covered by this management mandate.

Additional disposition. Offer of Employment of Local Corporations.

Local corporations that approve their offer of public employment must submit the approval agreements of the same to the General Administration of the State for the purposes of the provisions of Article 56.1 of Law 7/1985, of 2 April, regulating the Bases of the Local Regime, respecting the criteria set out in Article 23 of Law 39/2010, of 22 December, in accordance with the provisions of paragraph five of the same.

Single end disposition. Entry into force

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 28, 2011.

JOHN CARLOS R.

Deputy Prime Minister and Minister of Territorial Policy and Public Administration,

MANUEL CHAVES GONZALEZ

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