On September 25, 2009, the First Vice President of the Government and Minister of the Presidency and the union organizations UGT (FSP-UGT), CC.OO. (FSC-CC.OO.) and CSIF have signed the Government-Trade Union Agreement for public service in the framework of the 2010-2012 social dialogue.

In accordance with the provisions of Article 38 of Law 7/2007 of 12 April 2007, of the Basic Staff Regulations, and in order to promote the knowledge of the agreement, this Secretariat of State has resolved order their publication in the "Official State Gazette".

Madrid, October 22, 2009. -Secretary of State for the Civil Service, Carmen Gomis Bernal.

ANNEX

Government-Trade Union Agreement for Public Function in the Framework of Social Dialogue 2010-2012

In the history of our democracy, social dialogue has been shown as an especially efficient instrument of economic, political and social progress and stability and has proven to be one of the pillars on which we have cemented our development as a country. Its concurrence, which is necessary at all times, is essential in contexts of difficulty or economic crisis such as the current one.

Aware of this, the government and social partners have been trying in recent years for mutual communication, smooth negotiation, and productive agreements to be an essential part of the decision making. citizenship.

This has also been in the field of public service, because in a democratic and advanced society, the aspiration of government and employees and public employees must be the provision of more effective public services and better. To better services, more democracy and more citizenship.

This concertation has been based on the impetus for the reform of the public administrations that has been developing in recent years. A reform aimed at building an open, efficient and efficient administration, productive and competitive, able to innovate and take advantage of the new technologies for the benefit of the citizens, which already offers us concrete results on which to give a new impetus to the modernisation of the General Administration of the State.

We don't start, then, from zero. On the one hand, we come from a period in which a wide range of agreements have been reached on matters as important as the Basic Public Employment Statute, the Concierge Plan or in terms of remuneration. On the other hand, it is clear that there are outstanding issues of development which are particularly relevant today and which should be incorporated as new priorities, always with the aim of improving the quality of public services.

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

A model that the Public Administrations cannot be left out of, but, on the contrary, they must be one of their main engines, accompanying it and pushing it with a better organization, with austerity, with the rationalisation of its procedures and the reduction of administrative burdens for citizens and businesses, with greater transparency.

For all this, the Government and the trade union organizations have resolved to agree on a set of measures aimed at ensuring the improvement of the quality, efficiency and productivity of the Administration on the road to this new model of sustainable economy.

Measures to create a new framework of work that will serve as a basis for raising the qualification and productivity of public employees; measures to improve their working conditions; measures to undertake effective reform of the State administrative structures; measures to improve the delivery of public services; measures, in short, for a higher quality administration that promotes growth, facilitates daily life and increases the level of satisfaction of the citizenry.

This agreement, which will be developed over the next three years, includes a series of forecasts and commitments, in development of the Basic Public Employment Statute, which will apply to the public sector as a whole and its Administrations, and which will be concretized and achieved in each of them, at the different levels of articulation of the negotiation tables described and referred to in the aforementioned Statute.

Without prejudice to the competencies that correspond to each of the Public Administrations, it is also the purpose of government and trade unions that this agreement should serve as a reference to those that can be achieved in the the negotiations of the Autonomous Communities and of the local Corporations. For the same purpose and in these areas, it will be possible for the General Administration of Public Administrations to adopt the necessary arrangements.

Consequently, with these premises and objectives, the signatory parties subscribe to the present

AGREEMENT

1. Promote good administration, quality and effectiveness of public services.

1.1. Modernisation and new technologies.

The public has the right to have the administration provide services committed to the principles of quality and effectiveness. In order to achieve this, measures must be taken to improve the various areas in which the relationship between one and the other is taking place: improvement and dignity of public service facilities, improvement of the preparation of staff at the service of Public administrations, advances in innovation and technologies. That is to say, in all that it helps to make the relationship of the citizenry more satisfactory with the Administration.

In this sense, it is necessary to recognize the important efforts and progress made by the Administration in previous years, which has allowed numerous administrative and information procedures to be conducted by telematic means.

Law 11/2007, for the Electronic Access of Citizens to Public Services, has undoubtedly been a major step towards the most efficient provision of services. The rigorous development of the measures contained in the Strategic Plan and the Action Plan derived from the Law are beginning to bear fruit, so all efforts must be made to complete the adaptation of the procedures to the Law, so that the citizenry will know them and make greater use of them, and for the employees and public employees to obtain optimal efficiency.

1. An action plan will be implemented, to be developed in the legislature, to accelerate the process of modernization and improvement of public services.

2. The Royal Decree implementing the Law on the Electronic Access of Citizens to Public Services will be immediately approved.

3. The General Plan for Training in Electronic Administration will be adopted immediately, which will contain specific training programmes so that employees and public employees can assume the functions deriving from the implementation of the electronic administration.

4. In each of the areas of collective bargaining in which the implementation of teleworking is deemed appropriate, the priorities for its implementation, the regulation of the provision of service and the link with the centre of the job.

5. In the field of the General Administration of the State, teleworking will be implemented in the terms already agreed with the trade union organizations and in accordance with the legal mandate provided for in Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services.

1.2 Impacting the quality and effectiveness of the public service.

6. In accordance with the principles laid down in the EBEP, the Code of Conduct for employees and public employees shall be effective and shall establish clearly the principles of action of the employee in the performance of his duties, as well as in their relationship with the citizenry.

7. The Government of Spain will promote the simplification of deadlines and procedures, and the introduction of new models linked to electronic administration, also in those procedures used for the management of personnel.

8. To this end, before 1 January 2010, the Integrated Personnel Management System shall be operational in the field of the General Administration of the State in at least the following procedures:

Authorization of selective processes.

Authorization of temporary hires.

Managing selective processes.

Authorization of compatibilities

Interdepartmental Service Commissions Authorization.

Authorization of merit contests.

Appointments of staff.

Moves for health reasons.

Authorization of voluntary retirement processes.

Mobility authorization for attachment change.

cessation deferral authorization.

Issuance of merit certificates.

2 Improve working conditions, professionalization and productivity of employees and public employees.

2.1 Training and qualification.

The new social realities that shape technological, political, socio-demographic, economic, cultural and even personal and professional changes have to shape a broad vision of continuing education, a Lifelong adaptation and learning training, 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 model of production and sustainable economy.

In any case, this broad vision must also cover the professional and individual plans of the staff at the service of the Public Administrations. It is therefore necessary, through collective bargaining, to address as soon as possible the integration of the policy of planning and management of human resources with the planning and management of training, through the establishment of training not only to improve and improve the functions to be performed by public employees, but also to have a real mark on the evaluation of their performance and, therefore, in their promotion and professional career.

9. The general criteria for continuing training agreements in public administrations will be drawn up, with the aim of continuing to strengthen and promote continuing training, as well as their links to the professional career that has emerged from the EBEP. In any case, the commitment on both sides is acquired to defend that the negotiation of the Continuing Training Agreements in the Public Administrations resides in the General Commission for Continuing Training.

10. The integration of the policy of planning and management of human resources will be enhanced by the establishment of training plans which will not only serve to improve and improve the functions to be performed by the employees and public employees, but also have a real imprint on the evaluation of their performance and, therefore, in their promotion and professional career.

11. Specific training plans will be drawn up to enable staff at the service of the public administrations to take appropriate planning and management of human resources in the framework of a new production and sustainable economy model. materials, aimed at improving their capacity for management, adaptation and leadership of the processes of change, as well as the public service that is provided to the citizenry.

12. Regulations on professional qualifications and the recognition of work experience will be promoted in the administrations, which will enable the professional profiles of employees and public employees to be properly adapted to new needs of public administrations.

2.2 Working Conditions and Momentum to Equality.

The context of deepening the social dialogue also requires the proposal for improvements, through collective bargaining, of the working conditions of the staff at the service of the Public Administrations. Among them, they are particularly relevant to the effective equality between women and men and the eradication of discriminatory practices, an area which, in particular in recent years, has been a part of the government's concern and social agents.

13. A study will be carried out on the absence of professional training contributions from official staff not covered by the General Social Security Scheme, setting out the formulas and the timetable for their implementation.

14. The basic rules for the adaptation of labour risk prevention legislation to all areas of the public sector will be reviewed.

15. The measures that fall within the framework of social responsibility, in particular those that allow for the continuous improvement of the working environment, environmental measures and those that contribute to sustainable development, among others, will be promoted. subsequent publication of the respective annual reports.

16. It will promote the development of equal treatment plans for women and men in all areas of the public sector, and the necessary actions will be taken to combat workplace and sexual harassment, gender-based violence and language violence. Gender equality policies that have a specific impact on reconciliation, violence and harassment will continue to be developed.

17. The creation of an Equality Commission will be proposed in the framework of the General Administration of Public Administrations.

3. Rationalize public employment, reduce temporality, and modernize the Administration.

3.1 Public employment management.

In the context of this agreement, it is equally necessary to adopt measures capable of covering the objectives pursued in relation to public employment and the modernisation of administrative structures. In this regard, the approval of the Basic Staff Regulations was a major milestone in establishing the general principles applicable to all public employment relationships.

Therefore, it is now necessary to address the development of that through the Laws of Civil Service and, in parallel, continue to work as much in the impulse of all those actions derived from the Basic Statute that (a) support their development without being included in an instrument of legal status, such as the study and adoption of organisational measures aimed at achieving efficiency in the provision of services and efficiency in the use of the economic resources available to the General Administration of the State through the adequate size of their staff, their best distribution, training, professional promotion and mobility.

18. A Public Employment Observatory shall be established, the organisation, composition and functions of which, after agreement with the Monitoring Committee, shall be determined in accordance with the rules.

Among its functions will be the realization of diagnostics in the field of human resources to achieve an adequate redimensioning of the existing templates and the elaboration of general criteria that delimit the sectors whose the activity is reserved for employees and public employees, as well as those who serve as guidance to delimit the provision of those that may be outsourced and the conditions for the provision of such services.

It will also have among its functions the monitoring of the quality of the services, the public employment, the evaluation of the type of employment that is created in each Administration, the study of the need of professionals in each sector of the Public administration, the study of the needs of incorporation of new professional categories.

19. The necessary measures shall be taken to provide impetus for the development of the Basic Staff Regulations in each and every field of application of the Staff Regulations.

20. A study will be prepared on the basic regulations of the local civil service, with the most representative trade union participation in the field of public administrations, in order to assess the opportunity to propose measures to avoid the current Regulatory dispersion.

3.2 Professional career and internal promotion.

21. In the context of the General Administration of Public Administrations, actions will be promoted to establish common criteria for performance evaluation to establish general criteria for making progress in the configuration of the public administration. career and professional promotion of the staff of the Public Administrations, remuneration structure and, in general, to strengthen the mechanisms of cooperation and coordination between the various administrations in the field of public service with object of achieve homogeneous criteria to be incorporated in the various Civil Service Laws which (a) the development of the EBEP, in order to facilitate inter-administrative mobility among others. For the purposes of the qualifications required for access to the various professional classification groups of career civil servants, account shall be taken of the commitments made by Spain in this field in relation to the provisions of the Article 76 of the EBEP.

22. The necessary actions will be carried out to promote the participation of the permanent staff in the internal promotion processes that are called by the system of concurso-opposition to the bodies and scales to which the functions or posts they perform. Also adopting the measures that are agreed to speed up the development of the indicated processes as far as possible.

23. The reform of the system of supplementary remuneration and the study of the progressive introduction of new vocational qualifications will be addressed in the framework of collective bargaining of labour staff and, in particular, the Single Convention. they serve the achievement of a professional promotion, making possible an effective professional career of this collective, respecting in any case the forecasts contained in the Basic Staff Regulations.

3.3 Consolidation of employment and reduction of temporality.

24. The necessary actions will be carried out to promote and streamline the processes of consolidation of employment to jobs of a structural nature that are either temporarily or temporarily performed before 1 January 2005.

25. The measures provided for in the Basic Staff Regulations, including the fourth transitional provision on employment consolidation, aimed at promoting stability in public employment and the reduction of employment rates, will be encouraged. temporality up to a maximum of 8%.

26. The necessary steps will be taken to achieve, through the relevant regulatory instrument, the adequacy of the regime applicable to the official staff in temporary incapacity, in accordance with the provisions of the current regulations for this situation.

3.4 Regulatory development.

27. The Government shall take the necessary regulatory measures to implement the provisions of the Basic Statute requiring urgent adaptation.

28. In the framework of the General Negotiation Table the General Administration of the State will be constituted a working group for the elaboration and negotiation of the future Law of Public Service, in order that in September 2010 the processing of the bill.

29. In accordance with the Basic Staff Regulations, the necessary regulations to allow access to the partial retirement of staff at the service of the Public Administrations will be processed within 12 months. negotiation with trade union organisations.

30. The basic rules on incompatibilities will be brought into line with the new conditions laid down in the Basic Staff Regulations.

31. The Government undertakes to negotiate the regulatory framework of the research staff in the field of the General Administration of the State.

32. The negotiation of the status of teaching staff from previous levels to university higher education, as well as the status of teaching staff and research staff at universities, will be boosted.

33. The Government acquires the commitment to create a working group, with union participation, to study the regulatory review of the passive class regime.

3.5 Public Employment Offering.

34. If a rate limiting the replacement of troops is established in the General Budget Law of the State, in any case, they shall be excluded from the application of that charge:

Essential services for citizenship: Security Forces and Bodies, Local Police, Health Services, Education, Emergency and Fire Prevention and Extinction, Public Research Bodies, Immigration and foreign nationals, penitentiary institutions and those who are agreed as such in their respective areas of negotiation.

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

The hiring necessary for the implementation of the services of care to the dependency and of new services provided to the citizenry.

Staff commitments arising from previous, general or sectoral agreements in the fields of administration of justice, in that of the staff of the Public Administrations entrusted with the control functions and monitoring compliance with the rules in the social order, the management of active employment policies and unemployment benefits, and the control and control of tax fraud.

Jobs and jobs occupied for the development of temporary program finalists.

Vacancies that remain without coverage in application of this fee will not be amortized.

35. No account shall be taken for the purposes of this limitation for places which are incurred in the process of consolidation of employment resulting from the application of the transitional provision 4. of the EBEP, nor those arising from the access of employees. public to partial retirement.

36. Similarly, those administrations that establish in their personnel policy, policies and measures aimed at reducing the temporality, will see increased the following year the application of this rate of replacement, once verified, according to the following percentages:

Reduction of the rate of temporality to a limit of 15%.

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

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

The percentage of increase will be proposed each year by the Monitoring Commission.

37. The general criteria for Public Employment Offerings, including the distribution of seats to be convened, shall be subject to negotiation in accordance with Article 37.1 of the EBEP.

3.6 Human Resource Management Plan.

38. A working group, with union participation, will be created for the study and elaboration of a Human Resources Management Plan, which will aim to contribute to the best delivery of services and to the rational and efficient use of its material and technological resources, adapting the personnel of the General Administration of the State and the agencies of it dependent on the requirements of the society and the effective fulfilment of the competences that the Constitution attributes.

This Human Resource Management Plan will contain:

The availability and needs of personnel, for the purposes of planning, where appropriate, the incorporation of new personnel into the organization, and definition of the professional profiles required for the various positions of work to improve the systems for the provision of jobs.

Systems of work organisation, working time, rationalisation of working hours and working hours, teleworking measures, reallocation of staff, delimitation of multi-function posts, etc.

Selection, training, and mobility.

Professional career plans and itineraries in the organization.

The promotion of inter-administrative mobility and interorgan mobility.

The internal promotion measures.

Measures related to partial retirement and incentives for voluntary leave.

The Plan will be raised to the General Table of Negotiations of the AGE, and to the competent bodies so that, if necessary, they will proceed to their approval, implementation and implementation.

3.7 Specific measures for negotiation.

39. Specifically, in the framework of the negotiation of the General Administration of the State, they will be studied and developed:

General criteria defining the sectors whose activity is reserved for employees and public employees, as well as those that serve as guidance to delimit the provision of those that may be externalized and the conditions of the provision of these, in order to meet the forecasts set out in the Court of Auditors ' motion of February 2009, addressed to the Parliament of the nation.

The information contained in the job relationships, as far as profiles are concerned.

An Equality Plan for the General Administration of the State; the creation of Equality Units in the Ministry of Health; the Protocol of Action in the case of sexual harassment at work; and, in general, the initiatives necessary for the implementation of all measures provided for in the Organic Law on Equality applicable to the General Administration of the State.

The law on the prevention of occupational risks of the General Administration of the State; and, in this framework, the measures that correspond to the objective of knowing the scope and the situation of the cases that can be presented will be promoted. harassment in all its variants (moral, sexual, discrimination); physical or verbal aggression, as well as other psychosocial risks as a result of work, i.e. stress, professional wear and similar. This is the purpose of their analysis and evaluation to reduce the factors causing their presence in the workplace.

General criteria for action in relation to the Social Action Plans 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 for social responsibility in that Administration and, in that framework, the measures that allow for improvement continues the climate of work, environmental issues and those that contribute to sustainable development, among others, with the consequent publication of the respective annual reports.

With regard to staff seconded to the external service, the appropriate mechanisms will be put in place to implement the provisions of the Council of Ministers ' Agreement of 25 January 2008 approving the Agreement of 3 December 2007 of the General Administration of Negotiation of the General Administration of the State on working conditions of the workforce abroad, before the end of the first quarter of 2010.

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

4. Strengthen trade union rights and promote the channels of collective bargaining.

4.1 Trade union rights.

The framework for action proposed by this Agreement cannot fail to refer to the attention paid by the public authorities to the guarantee and proper exercise of trade union rights.

40. The establishment of an out-of-court dispute settlement system will be negotiated.

41. An appropriate exercise and development of the Trade Union Rights in the Public Administrations with the most representative trade union organizations in the general government will be strengthened.

4.2 Collective bargaining in the Basic Staff Regulations.

42. The structure of Collective Bargaining arising from the Basic Staff Regulations will be developed.

On a transitional basis and until a definitive agreement is reached, on the basis of the structure of the Collective Bargaining and dependents of the General Administration of Negotiation of Public Administrations, given the peculiarities of the groups concerned, and without prejudice to the Bureau itself being able to agree on the setting up of others, will propose the setting up of the State Sectoral Tables, which are then specified:

State Education Sector Table.

State Health Sector Table.

State Justice Sector Table.

Sector Table of Universities.

43. The negotiation of the relevant standard that will develop the electoral procedure for the holding of union elections will be immediately initiated.

44. The measures outlined above will be negotiated with the most representative trade union organisations in the general government.

5. Remuneration of staff at the service of public administrations.

45. The remuneration measures are in line with the principle of maintaining the purchasing power of staff at the service of public administrations in the period of validity of this Agreement. To this end, account will be taken of the budgetary developments in the increase in the CPI, the forecast for economic growth, the financing capacity of the general budget of the State and the assessment of the increase in employment productivity. public derived from specific actions or programs.

46. For 2010, the agreement is established that the wage increase will be 0.3% of the total wage bill.

47. To meet these objectives, Government and Trade Unions have agreed the following Clause on Pay Review:

The Administration undertakes to take appropriate measures to incorporate in the 2012 budgets the necessary appropriations to compensate for the loss of the purchasing power of employees and public employees. may occur during the duration of this agreement.

With effect from 1 January 2012, and within the first quarter of the same year, the amount corresponding to the deviation that would have occurred between the increases established in the Budget Laws will be collected. State generals for the 2010 and 2011 budget years and effective inflation in those years.

Such credits will be incorporated into 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 that would have occurred between the increases set out in the Budget Law will be incorporated. General of the State for the year 2012 and the actual inflation of that year.

Likewise, these credits will also be incorporated into the wage bill of the year 2013.

48. In addition to the above increases, compliance with the economic agreements reached and the implementation of which should be carried out during the 2010-2012 period is guaranteed. Therefore, the previous remuneration increases will be applied to the margin of the remuneration gains achieved in the Pacts or Agreements previously signed by the different Public Administrations within the framework of their competences, including the intended to include the whole of the specific complement in the extraordinary pages.

49. It will also ensure the continuity of the promoters ' contributions to the Pension Funds in the Administration under each budget scenario.

It is established that the contribution to be made to the Pension Plan of the General Administration of the State will be 0.3% for 2010, 0.5% for 2011 and 0.7% for 2012, for the entire wage bill.

6. Commission for Monitoring, Interpretation and Evaluation of the Agreement.

50. The signatory parties agree to the creation of a Monitoring Commission that will have the following functions:

The drive, monitoring and coordination of your development, evaluating your execution.

The resolution of the interpretative doubts that may arise during the validity of the same.

The proposal to the General Table of the salary increases for the years 2011 and 2012.

All to be agreed upon in this organ.

The Monitoring Commission will be joint and composed of 30 members, 15 on a proposal from the Government and 15 on the proposal of the trade union organizations involved in the Social Dialogue in the Public Administrations.

Your call will be made at the request of either party and will meet with ordinary character once a year.