Resolution Of October 22, 2009, Of The Secretary Of State For The Civil Service, That Publishes The Gobierno-Sindicatos Agreement For The Civil Service In The Context Of The Social Dialogue 2010-2012.

Original Language Title: Resolución de 22 de octubre de 2009, de la Secretaría de Estado para la Función Pública, por la que se publica el Acuerdo Gobierno-Sindicatos para la función pública en el marco del diálogo social 2010-2012.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
The 25 of September 2009 the first Vice-President of the Government and Minister of the Presidency and the trade unions UGT (FSP-UGT), CC. OO. (FSC-CC. OO.) and CSIF have signed the Gobierno-Sindicatos agreement for the civil service in the context of the social dialogue 2010-2012.

In accordance with the provisions of article 38 of the law 7/2007, of 12 April, the Basic Statute of the public employee, and with the purpose of promoting the knowledge of the agreement, this Secretary of State has decided to order their publication in the «Official Gazette».

Madrid, October 22, 2009.-the Secretary of State for the civil service, Carmen Gomis Bernal.

Annex Gobierno-Sindicatos agreement for the civil service in the context of the social dialogue 2010-2012 in the history of our democracy social dialogue has proved to be a particularly efficient instrument of economic, political and social stability and progress and has proven to be one of the pillars on which we have built our development as a country. Its concurrence, necessary at all times, is vital in contexts of difficulty or economic crisis like the present.

Aware of this, the Government and the social partners have sought in recent years to the mutual communication, smooth negotiation and production agreements are an essential part of making decisions that affect the public.

Thus it has also been in the field of public service, because in a democratic and advanced society, the aspiration of the Government and employees and civil servants should be more effective and better public services. Better services, more democracy and more citizenship.

This conclusion has been based on the momentum to the reform of public administrations that is developing in recent years. A reform to build an administration that is open, effective and efficient, productive and competitive, able to innovate and take advantage of new technologies for the benefit of citizens, which already offers concrete results that give a new impetus to the modernization of the General Administration of the State.

Do not start from zero. On one hand, we come from a period in which reached a broad set of agreements on matters as important as the Basic Statute of the employment public, the Concilia Plan or compensation improvements. On the other hand, it is noticeable that there are outstanding issues of development that are today particularly relevant and should be incorporated as new priorities, always with the aim of improving the quality of public services.

We are facing a period of economic crisis in which this collaboration, so successful has made, is essential. Requires all redouble responsibility and commitment to achieve and consolidate a new productive model more stable, more efficient, and more tuned to the world in which we live.

A model that public administrations can not stay on the sidelines, but that, on the contrary, must be one of their main engines, accompanying it and driving it with better organization, with austerity, rationalization of procedures and the reduction of administrative burdens for citizens and businesses, with greater transparency.

Therefore, the Government and the trade unions have resolved to agree on a set of measures to try to improve the quality, efficiency and productivity of the administration towards this new model of sustainable economy.

Measures to create a new framework that serves as the basis for raising the skill and productivity of civil servants; measures to improve their working conditions; measures to carry out an effective reform of the administrative structures of the State; measures to improve the delivery of public services; measures, in short, for Administration of higher quality which bolsters growth, facilitate daily life and increase the level of satisfaction of the public.

This agreement, which will take place over the next three years, collects a series of forecasts and commitments, development of the Basic Statute of the public employment, which will apply to the whole of the public sector and their administrations, and materialize and achieve its development in each of them, in different levels of articulation of the tables of negotiation described and referred to in the said Statute.

Without prejudice to the competences that correspond to each of the public administrations is, likewise, purpose of Government and unions that this agreement will serve as a reference which can be materialized in the areas of negotiations of the autonomous communities and local corporations. For the same purpose, and in these areas, it will lead to General table of the public administrations to adopt the agreements that are necessary.

Consequently, with these premises and objectives, the parties signed the present agreement 1. To promote good governance, the quality and the efficiency of public services.

1.1 modernization and new technologies.

Citizens have the right to the Administration to provide you services committed to the principles of quality and efficiency. For their achievement should take steps that improve the various areas in which takes place the relationship between one and others: improvement and dignity of care facilities to the public, improvement of the preparation of the personnel at the service of the public administrations, advances in innovation and technology. I.e. in everything that help make it more satisfactory citizenship relate to administration.

In this sense, it is necessary to acknowledge the significant efforts and progress made by the Administration in the previous years, which has allowed numerous administrative procedures and information can be made by electronic means.

Law 11/2007, of electronic citizens access to public services, has been without a doubt a momentous step for the more effective delivery of services. The rigorous development of the measures contained in the Strategic Plan and the Plan of action resulting from the law begin to bear fruit, so it is necessary all efforts make to complete the adaptation of procedures to the law, to make citizens aware of them and make greater use of the same , and so workers and public employees of them obtain optimal efficacy.

1 will be a plan of action, to develop in the legislature, to speed up the process of modernization and the improvement of public services.

2. be approved immediately the Royal Decree by which develops the law of electronic access of citizens to public services.

3. be approved immediately the General Plan of training in eGovernment, containing specific training programmes so that employees and civil servants can assume with absolute competence the functions arising from the implementation of eGovernment.

4. in each of the areas of collective bargaining in which the implementation of teleworking is appropriate, priorities will remember for its implementation, the regulation of the provision of the service and the link with the work center.

5. within the scope of the General Administration of the State, teleworking will be implemented under the terms already agreed with the trade unions and in accordance with the legal mandate laid down in law 11/2007, of 22 June, citizens ' electronic access to public services.

1.2 promotion of the quality and effectiveness of the public service.

6. in accordance with the principles established in the EBEP, will be charged the ethical behavior of employees and civil servants, stating clearly the principles of action of him in the exercise of their functions, as well as in relation to citizenship.

7. the Government of Spain will promote the simplification of terms and procedures, and implementation of new models linked to e-Administration, also in those procedures used for the management of staff.

8. to this end, before January 1, 2010, within the scope of the General Administration of the State should be operating the integrated personnel management system in, at least, the following procedures: authorization of selective processes.

Authorization for temporary hires.

Management of selective processes.

Authorization authorization of commissions of interdepartmental service compatibility.

Authorization of merit competitions.

Appointments of staff.

Transfers for health reasons.

Authorization of processes of voluntary retirement.

Authorization of mobility by change of allegiance.

Authorization of postponement of ceasefire.

Issuance of certificates of merit.

2. improving working conditions, professionalisation and the productivity of workers and public employees.

2.1 training and qualification.

New social realities that shape the changes technological, political, socio-demographic, economic, cultural and even personal and professional, have set up a wide view of continuous training, training of permanent adaptation and learning, which is also fully shared by Governments and social partners at European level.

In this sense, training is a strategic tool for the achievement of objectives in the framework of a new productive model and sustainable economy.

In any case, that broad vision must also include professional and individual levels of staff in the service of the public administrations. Hence it is necessary, through collective bargaining, as soon as possible addressing the integration of planning and policy management of manpower planning and training, through the establishment of training schemes which not only attend to the improvement and enhancement of the functions to be played by public employees, but also have an unmistakable mark in the assessment of their performance and , therefore, in their promotion and career.

9 develop general criteria on the agreements of continuing training in public administrations, in order to continue fostering and encouraging continuing education, as well as his connection to the professional career of the EBEP. In any case, be acquires the commitment by both parties defend the negotiation of agreements for continuous training in public administrations to reside on the General Commission for continuing training.

10 will boost the integration of the policy planning and management of human resources through the establishment of training schemes which not only attend to the improvement and enhancement to the play by maids and servants, but also have an unmistakable mark in the assessment of their performance and, hence, their promotion and career.

11. be developed specific training plans allowing staff at the service of the public administrations to assume, within the framework of a new productive model and sustainable economy, proper planning and management of the human and material resources, oriented to improve your capacity management, adaptation and leadership of the change process, as well as the public service provided to citizens.

12. be promoted in government rules on professional qualifications and recognition of work experience, enabling the correct adjustment of the professional profiles of the employees and public servants to the new needs of public administrations.

2.2. conditions of work and promotion of equality.

The context of deepening social dialogue also requires the improvements proposed, through collective bargaining, working conditions of staff in the service of the public administrations. Among them, concerning the effective equality between men and women and the eradication of discriminatory practices, have special relevance a scope which, especially in recent years, has been part of the concern of the Government and the social partners.

13 will take place a study on the absence of contributions by personal not received official training to the General Social security scheme, by setting the formulas and the timetable for its implementation.

14. will be reviewed with the basic rules of adaptation of legislation in the field of prevention of occupational hazards to all areas of the public sector.

15 measures that apply in the context of social responsibility, especially be promoted which allow continuous improvement of the labor climate, the environmental character and which contribute to sustainable development, among others, with the consequent release of the respective annual reports.

16 plans of equality of treatment between men and women be promoted at all levels of the public sector, and carry out the necessary actions to combat labour and sexual harassment, gender-based violence and sexist language and equality policies affecting specifically in terms of reconciliation, violence and harassment will continue to develop.

17 will propose the creation of a Committee on equality in the framework of the General table of the public administrations.

3 rationalize public employment, reduce the temporality and modernize administration.

3.1. reorganisation of public employment.

In the framework of the present agreement is equally necessary measures capable of giving coverage to the objectives relating to public employment and the modernization of administrative structures. In this sense, the adoption of the Basic Statute of the public employee constituted a milestone of great importance to establish the General principles applicable to the whole of the relations of public employment.

Therefore, it is now necessary to deal with the development of that through the law of public service and, in parallel, both to continue working at the impulse of any actions arising from the basic statute that support their development without having to be included in an instrument of legal rank, such as the study and adoption of organisational measures to achieve efficiency in the provision of services and efficiency in the use of the economic resources available in the General Administration of the State through the proper dimension of their troops, their better distribution, training, career development and mobility.

18. shall constitute a public employment observatory whose organization, composition and functions, prior agreement in the Advisory Committee, shall be determined by regulation.

Among its features will be diagnoses in human resources to achieve a proper resizing of existing templates and the elaboration of general criteria that delimit the sectors whose activity is reserved for employees and civil servants, as well as which serve as orientation to delimit the provision of which can be outsourced and the provision of these conditions.

You will also need among its functions the monitoring of the quality of services, public employment, the assessment of the type of job that is created in each administration, the study of the need of professionals in every sector of public administration, the study of the needs of incorporation of new occupational categories.

19. it shall take necessary measures that serve as momentum for the development of the Basic Statute of the public employee in all and each one of the fields of application of the same.

20 drawn up a study on the basic rules of the local civil service, with the most representative trade union participation in the field of public administration, in order to assess the opportunity to propose measures to prevent the current regulatory dispersion.

3.2 career and internal promotion.

21. in the bosom of the General table of the public administrations promoted actions to set common criteria with respect to the assessment of performance enabling to establish general criteria for advance in the configuration of the career and professional development of the staff of public administrations, salary structure and, in general, to strengthen the mechanisms for cooperation and coordination between the different administrations in matters of public service in order to achieve homogeneous criteria to incorporate in the different civil service laws that be pronounced in development of EBEP, in order to facilitate, inter alia, inter-administrative mobility. For the purposes of the qualification required for access to groups of professional classification of personal career official, the commitments entered into by Spain on this matter with regard to the provisions in article 76 of the EBEP shall be taken into account.

22. it was carry out the necessary actions to promote the participation of the workforce in the processes of internal promotion, which is called by the system of competition bodies and scales that are assigned functions or positions that play. Also, adopting measures that agree to expedite as much as possible the development of indicated processes.

23 will be addressed, within the framework of collective bargaining of the workforce and, in particular the single Convention, the reform of the complementary remuneration system and the study of the progressive introduction of new vocational qualifications that serve the achievement of a professional promotion, making possible an effective professional career of this group, respecting, in any case, the provisions contained in the Basic Statute of the public employee.

3.3 employment consolidation and reduction of temporality.

24. it was carry out the actions necessary to promote and speed up the processes of consolidation of employment positions of a structural nature that are held interim or temporarily prior to January 1, 2005.

25 it will boost the measures envisaged in the Basic Statute of the public employee, including the fourth transitional provision on consolidation of employment, aimed to promote stability in public employment and the reduction of temporality rates up to a maximum of 8%.

26 will be the steps necessary to achieve, through the corresponding normative instrument, the adequacy of the arrangements applicable to the staff officer in a situation of temporary disability, in accordance with the regulations for this situation.

3.4. regulatory development.

27. the Government shall adopt regulatory measures to carry out the forecasts of the basic statute requiring an urgent adaptation.

28. in the context of the table General of negotiation General Administration of the State shall constitute a working group for the elaboration and negotiation of future civil service law, so in September 2010 starts the processing of the Bill.

29. in accordance with the Basic Statute of the public employee will be processed, within the period of twelve months, the policy necessary adaptations to allow access to the partial retirement of personnel at the service of the public administrations, prior negotiation with the trade union organizations.

The basic rules on incompatibilities 30 adapt to new conditions which establishes the Basic Statute of the public employee.

31. the Government undertakes to negotiate the normative framework of the staff of the research of the General Administration of the State.

32. it will propel the negotiation of the status of the teaching staff of the University higher education levels, as well as the status of the teaching and research staff of the universities.

33. the Government acquires the commitment to create a working group, with Union involvement, to study the regulatory review of the regime of passive classes.

3.5 public employment offer.

34. If he is established in the General State budget law a rate that limited replacement of personnel, in any case, will be excluded from the application of this rate: essential for citizenship services: forces and security bodies, local police, education, health services and emergency prevention and firefighting, public bodies for research, immigration and aliens , correctional institutions and which are agreed as such in their corresponding fields of negotiation.

Local corporations whose population is less than 50,000 inhabitants.

The necessary contracts for the implementation of services of attention to the dependency and new services to citizens.

Staff commitments earlier, General or sectoral agreements in the areas of administration of Justice, in the staff of public administrations that have entrusted the functions of control and monitoring of compliance with the rules on the social order, the policy management enable employment and unemployment benefits, control and fight against fiscal fraud.

The jobs and posts occupied temporary finalists for the development of programs.

The vacancies that are not covered in the application of this rate will be not redeemed.

35. not squares which are falling in consolidation processes of employment resulting from the application of the transitional provision the EBEP 4th, or that derived from public employees access to partial retirement will be taken into consideration for the purposes of such limitation.

36. by the same token, those administrations that establish its policy of personnel, policies and measures aimed at the reduction of temporality, will be increased next year implementation of the restocking fee, verified once, at the following rates: reducing the rate of temporality, up to a limit of 15%.

Reduction of the temporality rate up to a limit of 10%.

Reduction of the temporality rate up to a limit of 5%.

The percentage increase will be proposed each year by the Advisory Committee.

37. the general criteria on the offers of public employment, including the distribution of vacancies to convene, will be subject to negotiation in accordance with article 37.1 of the EBEP.

3.6 human resources management plan.

38. will create a working group, with the participation of Association for the study and development of a human resources management Plan that will aim to contribute to the improved delivery of services and the rational and efficient use of its material and technological resources, adapting the members of the General Administration of the State and of organisms dependent to the requirements of society and to the effective implementation of the powers that the Constitution It credited.

The human resources management Plan will contain: the availability and needs of personnel, for the purposes of planning, in its case, the incorporation of new personnel to the Organization and definition of the professional profiles required for various jobs in order to improve the provision of jobs.

The systems of organization of work, the time of work, streamlining of the day and hours of work, measures of telework, reallocation of personnel, defining jobs multifunction, etc.

The selection, training and mobility.

Plans and itineraries for professional careers in the organization.

The promotion of inter-administrative mobility and mobility interorganica.

Internal promotion measures.

Measures related to the partial retirement and incentives to the unpaid leave.

The Plan will raise the General negotiation table of the AGE, and the competent bodies so that, if necessary, proceed to its adoption, implementation and execution.

3.7. specific measures for negotiation.

39. specifically, in the framework of the negotiation of the General Administration of the State, they will study and develop: general criteria that delimit the sectors whose activity is reserved for employees and civil servants, as well as those who serve as orientation to delimit the provision of which can be outsourced and the conditions thereof, in order to comply with the provisions set out in the motion of the Court of Auditors in February 2009 addressed to the Parliament of the nation.

The information contained in job relations, where profiles are concerned.

An equality Plan for the General Administration of the State; the creation of equal units in ministries; the Protocol of action in the event of sexual harassment in the workplace; and, in general, the necessary steps for the implementation of all the measures provided for in the law of equality concerning the General Administration of the State.

The law of prevention of occupational hazards of the General Administration of the State; and, in this context, impetus will be given the appropriate measures in order to know the scope and status of cases that may arise from harassment in all its forms (moral, sexual) discrimination physical or verbal aggression, as well as other psychosocial as a consequence of work risks, i.e. stress, wear professional and analogues. All the object of analysis and assessment to reduce the causing factors of its labor stage presence.

General criteria for action in relation to the plans for Social Action of the various ministerial departments and public bodies.

Through the technical Commission of social responsibility of the General Administration of the State, the definition of criteria of social responsibility in the Administration and, in this context, the measures that allow the continuous improvement of the labor climate, the environmental character and which contribute to sustainable development, among others, with the subsequent publication of the respective annual reports.

In regards to the staff in the foreign service, appropriate mechanisms will drive to apply the provisions contained in the agreement of the Council of Ministers of January 25, 2008, which approves the agreement of 3 December 2007 in the table General of negotiation of the General Administration of the State of working conditions of the workforce abroad before the end of the first quarter of 2010.

Within the working group created for this purpose in the table General of negotiation General Administration of the State, a general agreement on review procedures and criteria for the application of the compensation for residence plus will be established.

4 strengthen trade union rights and promote collective bargaining channels.

4.1. trade union rights.

The framework for action proposed by this agreement may not make reference to the attention that public administrations must provide to the warranty and proper exercise of trade union rights.

40 the establishment of a system of extrajudicial dispute resolution is negotiated.

41 will boost an adequate exercise and development of trade union rights in the public administrations with the trade unions most representative on the set of public administrations.

4.2. collective bargaining in the Basic Statute of the public employee.

42. will develop the structure of the Basic Statute of the public employee collective bargaining.

A transitional measure and until is reached a final, based on the structure of collective bargaining and agreement dependent on the General table of negotiation of the public administrations, given the peculiarities of the groups affected, and that the table itself may agree the creation of others, propose the establishment of the State sectoral tables that are specified below : Sectoral State Board of education.

Sectoral State Board of health.

State justice sector table.

Sectoral table of universities.

43. will begin immediately the negotiation of the relevant standard which develop the election procedure for the realization of trade union elections.

44. the measures outlined above will be negotiated with the trade unions most representative on the set of public administrations.

5. remuneration of staff in the service of the public administrations.

45. compensation measures respond to the principle of the maintenance of purchasing power of staff in the service of the public administrations in the term of this agreement. For this purpose, be taken into account the budgetary evolution of the CPI increase, the forecast of economic growth, the capacity of financing from the State budget and the assessment of the increase in productivity in public employment resulting from actions or specific programs.

46. for 2010 sets the agreement that the wage increase will be 0.3% of the whole of the wage.

47. to meet these objectives, Government and unions have agreed to the following clause on pay review: the Administration undertakes to take appropriate measures to incorporate in 2012 budgets, the appropriations necessary to compensate for the loss of the purchasing power of employees and public employees that may occur during the term of this agreement.

With effect from January 1, 2012, and within the first quarter of the same year, shall be charged the amount corresponding to the deviation which in his case had occurred between the increases set out in the laws of the State budget for 2010 and 2011 budgetary exercises and effective inflation in those years.

Such credits will be added to the wage bill of the year 2012.

With effect from 1 January 2013, and within the first quarter of the same year, the amount corresponding to the deviation which in his case had occurred between the increases set out in the law of the State budget for the year 2012 and effective that year inflation will be incorporated.

Likewise, these credits will be added also to the wage bill of the year 2013.

48. in addition to the increases outlined above, guarantees the fulfillment of the economic agreements reached and whose application must be made during the period 2010-2012. Therefore previous compensation increases shall apply aside from improvements that pay in pacts or agreements previously signed by the different public administrations within the framework of its competences, including those intended to include all of the specific add on the extra payments.

49. also ensures continuity of contributions from promoters to pension funds in the Administration in the framework of each budget scenario.

Establishes that the contribution that will be made to the Pension Plan of the General Administration of the State will be 0.3% for 2010, 0.5% to 2011 and the 0.7% by 2012, of the whole of the wage bill.

6. Commission of monitoring, interpretation and evaluation of the agreement.

50. the parties agree to the establishment of a follow-up Committee which will have functions: impulse, supervision and coordination of its development, evaluating its implementation.

Resolution of the interpretative doubts that could arise for the same period.

The proposal to the General table of pay increases for the years 2011 and 2012.

All that are agreed in this body.

The Advisory Committee shall be equal and shall be composed of 30 members, 15 on the proposal of the Government and 15 on a proposal from the trade unions participate in the Social dialogue in the public administrations.

Your call will take place at the request of either party and shall meet on a regular basis once a year.

Related Laws