The publication of the Instructions, of 5 June 2007, of the General Secretariat for Public Administration, as an annex to this Resolution, is available for general knowledge.

Madrid, June 21, 2007. -General Secretariat for Public Administration, Consuelo Sánchez Naranjo.

ANNEX

Instructions for the application of the Basic Staff Regulations in the field of the General Administration of the State and its Public Bodies

The entry into force on 13 May of Law 7/2007, of 12 April, approving the Basic Staff Regulations (hereinafter the EBEP), advises the issuing of general instructions containing the criteria of interpretation necessary to achieve a coordinated and homogeneous performance of those responsible for the management of human resources, in particular in relation to:

Precepts of the EBEP that are in force and therefore directly applicable in the field of the General Administration of the State and its Public Bodies, as well as precepts of the rules of public service that remain in force until the Public Service Law of the General Administration of the State and its Public Bodies (hereinafter the Law of Public Service of the AGE) is approved, as long as they do not oppose the provisions of the EBEP.

Certain subjects of the public service regime in respect of which the Statute introduces some new developments well since its entry into force, well after the Law on the Public Service of the AGE has been approved.

To this end, the General Secretariat for Public Administration, in exercise of the powers conferred on it in Article 8 (a) of Royal Decree 9/2007, of 12 January, gives the following instructions:

1. Regulations applicable to the promulgation of the Law of Public Service of the General Administration of the State

The fourth final provision of the EBEP provides for its entry into force at various stages by providing that it "shall enter into force within one month of publication in the Official Gazette of the State" but with the exception of several precepts, which "will produce effects from the entry into force of the Civil Service Laws that are dictated by the development of this Statute".

On the other hand, the EBEP's only derogating provision expressly repeals certain provisions with a range of law which have the scope of basic regulation of the public service regime, although they specify that those provisions provisions 'shall be repealed with the scope laid down in the fourth final provision' which, for that purpose, provides for the third paragraph:

" Until the laws of the Civil Service are issued and the regulatory standards for development will be maintained in each Public Administration the existing rules on the management, planning and management of human resources in do not object to the provisions of this Statute. "

This derogating provision must be interpreted in accordance with the general rules of application of the legal rules contained in the Preliminary Title of the Civil Code, article 2.2 of which provides:

" The Laws will only be repealed by subsequent ones. The repeal shall have the scope expressly provided for and shall always extend to all that in the new Law, on the same subject, is incompatible with the foregoing. "

Consequently, the scope of the EBEP's repeal provision is not absolute, but is determined by the provisions of the third paragraph of its fourth final provision.

This means that the legislator, as well as the automatic entry into force of all the provisions of the EBEP, has not opted for an automatic repeal of the rules in force in the field of civil service. Public, but certain provisions will remain in force "until the laws of the Civil Service and the regulatory standards of development are dictated" and "as long as they do not object to the provisions of this Statute".

And this because the EBEP has a basic law in need of a further legislative development as it is foreseen.

Therefore, as long as such development does not occur, the repealed precepts are only as long as they are opposed to the provisions, with a basic character, for all public administrations, as a "common minimum", for the new EBEP. As regards the specific and specific rules of the Civil Service of the AGE, in the absence of a Private Law regulating its Civil Service, they maintain their validity, although without a basic character, provided that they do not object to the provisions of the EBEP, while dictating regulatory development in the field of AGE.

It should be distinguished:

1. EBEP Precepts Directly Applicable:

Title I (Object and Scope).

Title II (Classes of Personnel at the Service of Public Administrations).

Title III (Rights and Duties. Public employees code of conduct):

Chapter I (Public employee rights).

Article 25.2 of Chapter III (Recognition of the triennial of interim officials).

Chapter IV (Right to collective bargaining, representation and institutional participation. Right of Meeting).

Chapter V (Right to workday, permits, and holidays).

Chapter VI (Public employees ' Duties. Code of conduct).

Title IV (Acquisition and Loss of Service Relationship).

Title V (Management of professional activity), with the exception of Chapter III (Provision of jobs and mobility).

The final third paragraph, paragraphs 1 and 2 (Incompatibilities Regime), as provided for in paragraph 14 of these Instructions.

2. EBEP Precepts that will produce effects from the entry into force of the Public Service Act of AGE:

Chapters II (Right to professional career and internal promotion. Performance assessment) and III (remuneration rights) of Title III.

Chapter III (Provision of Jobs and Mobility) of Title V.

3. º Precepts of the regulations of civil service which, under the fourth final provision of the EBEP, remain in force until the Law of Public Service of the AGE is approved, as long as they do not oppose the EBEP. Among these precepts, it should be noted:

Article 29 of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, concerning administrative situations, in the terms provided for in paragraph 11 of these Instructions.

Article 68 of the 1964 State Civil Officials Act, on vacation.

Article 71 of the Civil Officials Act of 1964, on a fifteen-day leave for marriage.

2. Scope of the EBEP in the field of the General Administration of the State (Article 2)

Within the scope of the General State Administration, the EBEP rules apply to civil servants at the service of:

The General Administration of the State.

Public Bodies, Agencies and other entities governed by public law with their own legal personality, linked or dependent on the General Administration of the State.

Public Universities not transferred.

The work staff providing services in this field are subject to the provisions of the EBEP that provide them.

3. Reserve for the exercise of public powers to civil servants (Article 9.2)

Article 9.2 of the EEP provides that ' in any event, the exercise of functions involving direct or indirect participation in the exercise of public powers or in the safeguarding of the general interests of the State and Public Administrations correspond exclusively to public officials, in terms of the law of development of each public administration. "

This reservation is of direct and immediate application to all staff at the service of the AGE referred to in paragraph 2.

4. Application of the EBEP to public sector entities and to the bodies referred to in the additional provision of the LOFAGE (Additional provisions first and fifth

To entities in the state public sector, which are included in Article 2 of Law 47/2003, of 24 November, General Budget, will apply the principles of Articles 52 (Duties of public employees). Code of Conduct) and 59 (Persons with Disabilities), as well as the provisions of Articles 53 (Ethical Principles), 54 (Principles of Conduct) and 55 (Guiding Principles of Access to Public Employment).

To the regulatory bodies referred to in paragraph 1 of the Additional Disposition 10th of Law 6/1997, of the Organization and the Functioning of the General Administration of the State, the EBEP shall apply to them in the form of provided in their laws of creation.

5. EBEP rules applicable to labour staff (Article 7)

Article 7 establishes the system of sources applicable to the labour force, ordering that it is governed: " in addition to the labour law and the other conventionally applicable rules, by the precepts of this Statute, which they have it. "

Therefore, the following EBEP standards for work staff are directly applicable, in any case:

(a) Functions of the workforce: Article 15.1.c) of Law 30/1984, which determines the positions of the workforce, including staff with a high employment contract, is still in force. address.

(b) Access to public employment of the workforce (Article 57.4): The selection of work staff provided for in these Instructions will be applicable to the selection of career civil servants with the particularity of that foreigners with legal residence in Spain can access public employment in the same conditions as the Spanish.

c) Composition of the selection bodies (Articles 60 and 61.7): The following rules must be respected:

You may not be part of the selection bodies of the staff of choice or of political designation, the interim officials and the eventual staff.

Membership will always be individual, not being able to be held in representation or on behalf of anyone.

In this context, it will be possible to negotiate the forms of collaboration that, within the framework of collective agreements, will set the action of the Trade Union Organizations in the development of the selective processes of labor personnel.

The composition of the collegiate organs will tend to parity between women and men.

(d) Disciplinary arrangements for work staff (Articles 93-98): The disciplinary regime under Title VII of the EBEP applies in full to staff.

In the absence of such a title, labour law will apply.

(e) Unrequired (Article 96.2): the readmission of fixed labour personnel shall be carried out where the dismissal agreed upon as a result of the opening of a disciplinary file by the Commission of a very severe missing.

f) Promotion of fixed-term staff to the status of official (second transitional arrangement):

Fixed labour staff who, at the entry into force of the EBEP, are carrying out official staff duties, or who pass on to them for the purpose of overcoming selective or promotional evidence convened before that date, may continue to perform them.

You can participate in the selective internal promotion processes called by the system of competition, to access the Corps or Escalas that have attached the functions of the jobs that they perform, always meeting the other requirements required by the relevant calls. For these purposes, they shall be valued as merit the time of services provided as fixed labour staff and the selective tests exceeded to access that condition.

This participation in the internal promotion tests is constituted in the way that allows the access of the labor personnel to the Corps or Escalas that have assigned the functions of the posts that the staff plays. In this way, it is acted in accordance with the doctrine of the Constitutional Court in terms of access to the condition of an official of career (STC 38/2004, of March 11)

(g) Provision of posts and mobility (Article 83): The provision of posts and the mobility of labour personnel shall be carried out in accordance with the provisions of the applicable collective agreements and, failing that, with the system of provision of posts and mobility of career civil servants.

(h) Employment situation (Article 92): Collective agreements may determine that Title VI "Administrative situations" shall apply to staff included in their respective fields of application in the field of employment. compatible with the Workers ' Statute.

6. Interim officials (Articles 10 and 25.2)

(a) Appointment (Article 10): Interim officials may be appointed in the following two new cases:

For the execution of programs of a temporary character (article 10.1, paragraph c).

Where there is an excess or accumulation of tasks for a maximum period of six months within a period of 12 months (Article 10.1 (d)

.

The objective to be achieved is to minimize the use of contract figures by work or service and by the circumstances of production.

(b) Antiquity (Article 25.2): Trienes for services provided before the entry into force of the EBEP are recognised, which shall have remuneration effects only from the entry into force of the EBEP.

For the recognition of trienes, the rules of Law 70/1978, of December 26, of Recognition of Services in Public Administration and its development regulations will apply.

7. Permits and holidays (Articles 48-51)

The following new permissions assumptions are added, which are common to both official and staff personnel:

a) Permissions (Articles 48 and 49):

An hour of absence of breastfeeding work for a child under 12 months and the replacement of breastfeeding time with paid leave to accumulate in full days the corresponding time (article 48.1.f).

A maximum of two hours a day of absence from work by birth of preterm children or who for any other cause should remain hospitalized after delivery (article 48.1.g).

Decrease of the working day, with a decrease in the remuneration that corresponds to, when for reasons of legal guardian there is the direct care of some twelve years old, person greater than special dedication or a person with a disability who does not perform paid activity (Article 48.1.h).

Reduction of up to fifty percent of the working day, with a paid character, for reasons of very serious illness for a maximum period of one month to care for the care of a first-degree family member (article 48.1.i).

The time indispensable for the fulfillment of duties related to the reconciliation of family and work life (article 48.1.j).

Two additional days for special cases when the sixth triennium is observed, increasing on an additional day for each three-year period of the eighth (article 48.2). The right to your enjoyment is born from the day following the three-year compliance.

Two months at most, perceiving the basic remuneration, if necessary the prior displacement of the parents to the country of origin of the adopted, in the cases of international adoption (article 49.b).

Fifteen calendar days of paternity leave (article 49.c).

Extension in two weeks more of the birth permit and the adoption or acceptance of the child's disability assumption (article 49.a and 49.b).

Possibility of continuing to enjoy the other parent the maternity leave initially transferred, although at the time provided for the incorporation of the mother to the job she is in a situation of temporary incapacity (article 49.a).

Extension of maternity leave in as many days as the neonate is hospitalized, with a maximum of thirteen additional weeks, in cases of preterm birth and in those in which, for any other cause, the neonate must remain hospitalized after delivery (article 49.a).

Right to participate in the training courses that the Administration calls during the enjoyment of the leave by birth, adoption or welcome (article 49.a and 49.b).

Reduction of working time with proportional reduction of pay, or reordering of working time, through adaptation of schedule, application of flexible schedule or other forms of planning of time work, to victims of gender-based violence on women (article 49.d).

The General Secretariat for Public Administration will develop a Practical Guide for the application of permits and licenses in the field of the General Administration of the State.

(b) Holidays (Articles 50 and 51): Holidays shall be, at least, during each calendar year of twenty-two working days, or of the days corresponding proportionally if the service time during the year is less.

Not to be considered as working days on Saturdays, without prejudice to any adaptations to the special schedules.

It remains in force, in accordance with the provisions of paragraph 1 of these Instructions, in Article 68.2 of the Civil Servants Act of 1964, approved by Decree 315/1964, of 7 February in the wording given by the Article 51 of Law 53/2002 of 30 December.

Consequently, " They shall also be entitled to an additional business day when they serve fifteen years of service, with one more business day being added when they are twenty, twenty-five and thirty years of service, respectively, up to a total of 26 years. Business days per calendar year ".

Labor calendars approved prior to May 13, 2007 are still in effect.

c) License for marriage reason: It remains applicable, in accordance with paragraph 1 of these Instructions, the license of fifteen calendar days in the case of marriage, as regulated in article 71.1 of the Law of Officials 1964 State civilians.

8. Acquisition and loss of service relationship (Articles 55-68)

(a) Access to public employment (Articles 56 and 57): The minimum age for participation in selective processes, both for official staff and for work staff, is sixteen years.

The maximum age cannot exceed the forced retirement age.

Only by law may a different age than the age of forced retirement be required for access to public employment.

b) Composition of the selection bodies (Article 60): The following rules must be respected:

You may not be part of the selection bodies of the staff of choice or of political designation, the interim officials and the eventual staff.

Membership will always be individual, not being able to be held in representation or on behalf of anyone.

The composition of the collegiate organs will tend to parity between women and men.

c) Renunciation and rehabilitation (Articles 64 and 68): The waiver of the status of an official shall not be accepted where he is subject to a disciplinary record or has been issued against him or her against self-processing or opening of oral judgment by the commission of a crime.

In the case of an application for rehabilitation in the condition of an official derived from principal or ancillary punishment, the silence shall be negative.

(d) Retirement (Article 67): In accordance with the provisions of paragraph 1 of these Instructions, on a transitional basis until the requirements and conditions of the retirement arrangements provided for in the EBEP are regulated, Article 33 of Law 30/1984 on the forced retirement of civil servants.

According to the last paragraph of Article 67 (3) of the EBEP, the additional provision of Law No 30/1984, as amended by Law No 27/1994 of 29 September 1994, as it contains rules Specific state of retirement of officials of teachers ' bodies, including levels of university education, remains in force.

9. Classification groups of the Bodies and Scales (Article 76 and transitional provision third)

The integration of the Bodies and Escalations into the new classification groups and subgroups is automatic.

Transitional, the classification groups existing for the entry into force of the Staff Regulations are automatically integrated into the professional classification groups of officials provided for in Article 76 of the EBEP, according to the following equivalences:

Old Group A: Subgroup A1.

Old Group B: Subgroup A2.

Old Group C: Subgroup C1.

Old Group D: Subgroup C2.

Former Group E: Professional Pools referred to by the seventh additional disposition.

This automatic integration does not apply to the new group B that is reserved for those in possession of the title of Superior Technician, because it does not exist in the current classification groups one equivalent.

10. Provision of jobs (Articles 78-84)

The procedures for the provision of posts, which will continue to be governed by Law 30/1984 and Royal Decree 364/1995, continue to apply, taking into account the following:

(a) Competition for the provision of posts of career civil servants (Article 79): The composition of the technical college bodies responsible for assessing the merits and abilities and, where appropriate, skills of the candidates, will respond to the principle of professionalism and specialisation of its members and will be in line with the criterion of parity between women and men.

The minimum stay requirement is maintained for each job of final destination of two years in order to be able to participate in the provision competitions, except for the exceptions provided for in the rules of public service in effect.

b) Cese in posts of free designation, suppression and removal of posts obtained by contest: Rules on the allocation of jobs in the cases of cessation, suppression or removal of posts continue to apply, contained in the General Regulation on Income, Provision of Posts and Professional Promotion and the Resolution of 15 February 1996.

(c) Mobility of career civil servants (Article 81): Forced transfers by service or functional needs may be carried out throughout the territory of the State.

A priority will be given to the voluntariness of shipments when exceptional reasons lead to the adoption of resource management plans.

(d) Mobility on the basis of gender-based violence (Article 82): The right of the female victim of gender-based violence to be replaced is replaced by the right to the right to the right to the job. transfer to another job without the need for a vacancy to be covered.

In any case, the privacy of the victims and the confidentiality of the personal data of the victims will be guaranteed.

(e) Voluntary mobility between public administrations (Article 84): career officials who are to be employed in another public administration through the procedures for the provision of posts provided for in the Article 78.2 of the EBEP, will remain in respect of its Administration of origin in the administrative situation of service in other Public Administrations.

In the cases of termination or removal of the job, they will remain in the Administration of destination, which will have to assign them a job according to the systems of career and provision of positions in that Administration.

11. Administrative situations (Articles 85-92)

The regulation of the administrative situations contained in Law 30/1984 and Royal Decree 365/1995 remains in force, with the following changes:

(a) Special Services (Article 87): The following assumptions are added:

When appointed members of the governing bodies of the cities of Ceuta and Melilla, of the institutions of the EU or of the International Organizations or are appointed senior officials of the aforementioned Public Administrations o Institutions (letter a).

When appointed to the performance of positions or positions in public bodies or entities, dependent or linked to the Public Administrations that, in accordance with the respective Public Administration, are assimilated in their administrative rank to high charges (c).

When paid and dedicated elective positions are held exclusively in the Assemblies of the Cities of Ceuta and Melilla and in the Local Entities, when responsibilities of senior and managerial bodies are performed (b) municipal and when responsibilities of members of the local bodies for the knowledge and resolution of economic and administrative complaints (letter f) are carried out.

When they are appointed to be part of the Councils of Justice of the Autonomous Communities (letter g).

When they are appointed advisers to the parliamentary groups of the General Courts or the Legislative Assemblies of the Autonomous Communities (letter k).

When activated as volunteer reservists to provide services in the Armed Forces (letter l).

The effects of the special services situation remain as provided for in Article 29 of Law 30/1984 and its implementing rules.

b) Service in other public administrations (Article 88):

To the officials who are in a situation of services in Autonomous Communities as well as those who are active in Local Corporations and Public Universities, the administrative situation of the service in other Public Administrations.

Officials at the service level in other public administrations have the right to participate in the calls made by their Home Administration for the provision of jobs and for the promotion of internal.

(c) Voluntary disclosure for particular interest [(article 89,1 (a)]): The granting of voluntary excellence for particular interest is subject to the needs of the service: the grant and the refusal shall be duly motivated based on the needs of the service.

(d) Voluntary income by family grouping (Article 89.3): The declaration of this situation shall be made in cases where the spouse resides in another locality for having obtained and being in a position of employment of final status in any of the public administrations, public bodies and entities governed by or linked to the public law, in the constitutional or judicial bodies, as well as in the European Union or in the International Organizations.

e) Voluntary allowance to care for the care of family and children (article 89.4): The length of stay in this situation will be computable for the purposes of triennial, career and rights in the social security system application.

The length of time in this situation will be computable to participate in the internal promotion tests.

This situation brings the reserve of the job held for two years. After that period, the reserve shall be a place in the same locality and equal pay.

(f) Voluntary allowance for the provision of services in the public sector ((Article 85.2.b)): The regulation of this kind of voluntary surplus in the wording given by Royal Decree 255/2006 is maintained until it is enacted. the Public Service Act of the AGE.

12. Code of Conduct (Articles 52-54)

The Code of Conduct, consisting of the duties, ethical principles and principles of conduct referred to in Articles 52, 53 and 54, is of direct application to civil servants and staff.

It is also of direct application to staff at the service of state public sector entities, as noted in paragraph 4 of these Instructions.

The principles and rules set out in the Code of Conduct will inform the interpretation and application of the corresponding disciplinary regimes.

13. Disciplinary regime (Articles 93-98)

The disciplinary regime contained in Title VII of the EBEP applies to civil servants and staff.

The Rules of Disciplinary Regime of the officials of the General Administration of the State, approved by Royal Decree 33/1986 of 10 January, as well as the collective agreements of labour personnel in everything, remain in force. which are not incompatible with the provisions of this Title.

The following assumptions not foreseen in the current legislation (Article 95) are considered to be very serious for civil servants and employees:

Moral, sexual and sexual harassment (letter b).

The service abandonment, as well as not voluntarily taking over the tasks or functions that are entrusted to you (letter c).

The publication or improper use of the documentation that they have or have had access by reason of their position or function (letter e).

The notorious non-compliance with the essential functions inherent in the job or tasks entrusted to it (letter g).

Disobedience open to orders or instructions from a superior (letter i).

The prevalence in the condition of public employee to obtain an undue benefit for himself or for another (letter j).

The unjustified appearance in the Investigative Commissions of the General Courts and the Legislative Assemblies of the Autonomous Communities (letter n).

Harassment (letter or).

The forced removal of the place of residence as a new disciplinary sanction is incorporated.

The limitation periods for faults are modified: very serious infractions (3 years); severe (2 years); and mild (6 months).

Penalties for penalties are set: for very serious (3 years); for serious misconduct (2 years); and for minor faults (1 year).

Such penalty and penalty limitation periods apply with the character of the legal provision of the necessary right to work personnel.

The computation of the limitation period in the case of continued faults has been initiated since the end of its commission.

During the time when the temporary suspension situation remains in place, all basic remuneration and family benefits for a dependent child shall be collected.

The return or refund of what is perceived will be mandatory when the provisional suspension is lifted to final suspension.

14. Incompatibilities (third final disposition)

a) Scope (final disposition third. Paragraph 1): It is included in the scope of application of article 2 of Law 53/1984, of December 26, of Incompatibilities of the staff in the service of the Public Administrations, to the official and labor personnel of all the Public Bodies (a), foundations and consortia (paragraph g).

b) Managing staff (final disposal third. Paragraph 2): The management staff shall not be recognised or authorised, including the subject of a special senior management relationship, in accordance with the amendment referred to in Article 16 (1) of the Law. 53/1984.