Resolution Of June 21, 2007, Of The General Secretariat For Public Administration, Which Are Published Instructions, June 5, 2007, For The Implementation Of The Basic Statute Of The Public Employee Within The Scope Of The Admin...

Original Language Title: Resolución de 21 de junio de 2007, de la Secretaría General para la Administración Pública, por la que se publican las Instrucciones, de 5 de junio de 2007, para la aplicación del Estatuto Básico del Empleado Público en el ámbito de la Adminis...

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For general knowledge, publication of instructions, June 5, 2007, of the General Secretariat for public administration, are available as an annex to the present resolution.

Madrid, June 21, 2007.-the General Secretariat for public administration, Consuelo Sánchez Naranjo.

Annex instructions for the application of the Basic Statute of the public employee within the scope of the General Administration of the State and its public agencies into force on 13 May of law 7/2007, of 12 April, which approves the Basic Statute of the public employee (in later EBEP), advised to issue general instructions containing the interpretation criteria necessary to achieve a coordinated and homogenous management responsible for performance of human resources, primarily in relation to: precepts of EBEP which are in force and are therefore directly applicable in the scope of the General Administration of the State and its public agencies, as well as provisions of the rules of civil service, which remain in force until the adoption of the law on public function of the General Administration of the State and its public bodies (hereinafter law on civil service of the AGE) as it is not contrary to provisions of the EBEP.

Specific subjects of the civil service regime with regard to which the Statute introduces some new well since its entry into force, well once approved the law of civil service of the AGE.

To this end, the General Secretariat for public administration, in exercise of the powers which are conferred in article 8.a) of Royal Decree 9/2007, of 12 January, dictates the following instructions: 1. applicable regulations until the enactment of the law on civil service of the General Administration of the State the fourth final provision of the EBEP establishes its entry into force in phases to provide that «shall enter into force within the period of a» month following its publication in the official bulletin of the State"but with the exception of various precepts, which"will produce effects after the entry into force of the laws of civil service that are handed down in development of this Statute".

For its part, the sole repeal provision of the EBEP derogates specifically certain provisions with the status of law that have the scope of the regime of the public service regulations, although specifying that those provisions "are hereby repealed to the extent laid down in the fourth final provision», for this purpose, establishes in its third paragraph: «until issued civil service laws and the regulations of development shall remain in force in each public administration standards under existing management, planning and human resources management as is not contrary to the provisions of this Statute.»

This repeal provision must be interpreted in accordance with the General rules for the application of the legal rules contained in the preliminary title of the Civil Code, whose article 2(2) has: 'laws are only repealed by others later. The repeal will have the scope that expressly provided and shall extend always to all that in the new law on the same subject, is incompatible with the previous.»

As a result, the repeal provision of the EBEP is not absolute, but it is determined as provided in the third section of its fourth final provision.

Want this say that the legislator, as he has not had an automatic entry into force of all the provisions of the EBEP, also opted for an automatic repeal of the existing legislation on public service, but that certain provisions shall remain in force «until issued civil service laws and the regulations of development» and «as is not contrary to the provisions of this Statute».

And this because the EBEP has nature of need of further legislative development such as the basic law is expected.

Therefore, while there is no such development, the precepts only repealed are insofar as they oppose the provisions, with basic character, for all public administrations, as a "common minimum", by the new EBEP. As to own and specific regulations of the public function of the AGE, lacking this of a custodial law regulating its public function, maintain its validity, but without basic character, provided that does not oppose provisions of EBEP, as it dictates policy development in the field of the AGE.

Proceeds as distinguish: 1 directly applicable the EBEP precepts: the title I (purpose and scope of application).

Title II (kinds of staff in the service of the public administrations).

Title III (rights and duties. Code of conduct for public employees): chapter I (rights of public employees).

Article 25.2 of the chapter III (recognition of the interim officials triennia).

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

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

Chapter VI (duties of public employees. Code of conduct).

Title IV (acquisition and loss of the service relationship).

Title V (management of professional activity), except for chapter III (Provision of jobs and mobility).

The third final provision, paragraphs 1 and 2 (incompatibilities regime), in the manner provided in paragraph 14 of the instructions.

2nd the EBEP precepts which will produce effect from the entry into force of the law on civil service of the AGE: chapters II (right to career and internal promotion. The performance evaluation) and III (remuneration rights) of title III.

Title v, chapter III (Provision of jobs and mobility)

3rd precepts of the regulations of public service which, under cover of the fourth final provision of the EBEP, continue in force until is approved the law of civil service of the AGE, as is not contrary to the EBEP. Among these provisions, it should be noted: article 29 of law 30/1984 of 2 August, of measures for the reform of the public function, relative to administrative situations, in the terms provided for in paragraph 11 of the instructions.

Article 68 of the law of civil officials of the State from 1964, on holiday.

Article 71 of the law of civil officials of the State in 1964, over fifteen days for marriage license.

2. scope of application of the EBEP within the scope of the General Administration of the State (article 2) in the scope of the General State administration, the EBEP standards apply to staff officer to the service: the General Administration of the State.

The public bodies, agencies and other entities of public law, with legal personality, own, linked or dependent on the General Administration of the State.

Not transferred public universities.

Apply to the staff serving in the field the precepts of the EBEP it having so.

3 reserve the exercise of public powers to public officials (article 9.2) article 9(2) of the EBEP establishes that «in any case, public servants are the exercise of functions which involve the participation, direct or indirect, in the exercise of public powers or the safeguarding of the generals of the State interests and public administrations and on the terms that the law of development of each public administration is established.

The reservation is applicable directly and immediately to the staff at the service of the AGE referred to in paragraph 2.

4. application of the EBEP entities of the public sector and the bodies referred to in the provision further decima.1 of the LOFAGE (first and fifth additional provisions) to entities of the State public sector, covered by article 2 of law 47/2003 of November 24, General budget, will be application the principles of articles 52 (duties of public employees. Code of conduct) and 59 (people 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).

Regulators referred to in paragraph 1 of the tenth additional provision of Act 6/1997, of organization and functioning of the General Administration of the State shall apply the EBEP as provided in the laws of creation.

5 the EBEP standards applicable to the workforce (article 7) article 7 establishes the sources system applicable to the workforce, ordering that it is governed: «in addition to labour legislation and other rules conventionally, by the precepts of this Statute which it thus have».

Therefore are of direct application, in any case, following the EBEP standards relating to the workforce: to) functions that the workforce can play: still in force article 15(1). c) law 30/1984, which determines positions that can play the staff, including staff with contract of employment of senior management.

(b) access to public employment in the personal work (article 57.4): shall apply to the selection of staff provided for in these instructions for the selection of the staff officer's career with the particularity that foreigners with legal residence in Spain have access to public employment under the same conditions as Spanish citizens.

(c) composition of the organs of selection (articles 60 and 61.7): the following rules must be observed:

Election or political appointment, interim officials and temporary staff staff may not be part of selection bodies.

Membership will always be individual, not being able to hold this on behalf or on behalf of anyone.

In this context, forms of collaboration which, within the framework of collective agreements fix the performance of trade union organizations in the development of the selective processes of workforce can be negotiated.

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

(d) disciplinary regime of the workforce (articles 93-98): the disciplinary regime of the title VII of the EBEP applies fully to the workforce.

In matters not provided for in this title shall apply labour legislation.

(e) dismissal (article 96.2): shall the readmission of the fixed workforce where it is declared unfair dismissal agreed as a result of the initiation a disciplinary dossier by the Commission of very serious misconduct.

(f) promotion of labour staff fixed the status of civil servant (second transitional provision): fixed working staff that the entry into force of the EBEP, is exercising personal official functions, or to play them through the selective checks or promotional overcoming convened prior to that date, you can continue to play them.

You can participate in the selective processes of internal promotion convened by the system of competition, for access to the bodies or scales that have assigned the functions of the jobs they play, provided that they meet the other requirements of the corresponding calls. An advantage to these effects, as merit services as fixed workforce time and overcome selective tests to access the condition.

This participation in the testing of internal promotion is the road that provides access from the workforce to the bodies or scales that have assigned the functions of the posts which the staff plays. In this way, acted in accordance with the doctrine of the Constitutional Court in matters of access to the status of civil servant's career (STC 38/2004, of March 11) g) Provision of jobs and mobility (article 83): the provision of jobs and mobility of the workforce will be made in accordance with provisions of the applicable collective agreements and , in their absence, with the provision of jobs and mobility of personal career officer system.

(h) situations of labour staff (article 92): collective agreements may determine that title VI «Administrative situations» applies to staff in their respective fields of application which is compatible with the Statute of workers.

6 interim officials (articles 10 and 25.2) to) appointment (article 10): they may appoint interim officials in the following two new alleged: for the implementation of programmes of temporary unavailable (article 10(1), section c).

When there is an excess or accumulation of tasks by a maximum period of six months within a period of twelve months (article 10.1, paragraph d).

It is intended to achieve aims to minimize indispensable the use of figures of contracts for work or service and circumstances of production.

(b) age (article 25.2): recognize the triennia relating to services rendered prior to the entry into force of the EBEP, which shall be retributive effects only after the entry into force of the same.

For the recognition of the triennia shall apply the rules of law 70/1978 of 26 December, recognition of prior service in the public administration and its implementing regulations.

7 permits and holiday (articles 48-51) add the following new cases of permissions, which are common to the personal servant and the workforce: to) permits (articles 48 and 49): A time of absence from work for nursing one child under 12 months and the replacement of the time of lactation by a paid leave that accumulate in days full time (article 48.1. f).

A maximum of two hours a day of absence from work for the birth of premature children or that for any other cause must remain hospitalized following birth (article 48.1. g).

Reduction of the workday, with decrease of remuneration that corresponds, when for reasons of legal guardian is the direct care of a child of twelve years, someone greater to requiring special attention or person with a disability who do not carry out paid activity (article 48.1. h).

Reduction of up to fifty percent of the workday, paid, for reasons of serious disease for a maximum period of one month for the care of a relative of the first degree purposes (article 48.1. i).

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

Two days extra to particular topics when the sixth three-year period, increasing in one additional day per each triennium fulfilled from the eighth (article 48.2). The right to their enjoyment was born the day after the fulfillment of the three-year period.

Two months, receiving remuneration Basic, if necessary the previous displacement of the parents to the country of origin of the adoptee, in cases of international adoption (article 49.b).

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

Extension in two weeks of childbirth leave and permission for adoption or foster care in the event of disability of the child (article 49.a and 49.b).

Possibility to continue to enjoy the other parent permission of maternity initially assigned, even if on schedule for the incorporation of the mother to work this is in a situation of temporary disability (article 49.a).

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

Right to participate in the training courses which convene the management for the enjoyment of the permission by birth, adoption or foster care (articles 49.a and 49.b).

Reduction in working hours with a proportional decrease in remuneration, or rearrangement of working time, through the adaptation of the schedule, the implementation of flexitime or other forms of management of working time, victims of domestic violence on women (article 49.d).

The General Secretariat for public administration shall draw up a practical guide to the application of permits and licenses in the field of the General Administration of the State.

(b) vacation (articles 50 and 51): the holiday will be, as a minimum, during each calendar year, twenty-two working days, or days which correspond proportionally if service time during the year was lower.

Not be considered as working days Saturday, without prejudice to adjustments established for special schedules.

It continues, in accordance with stated in paragraph 1 of these instructions, article 68.2 of the civil officials of the 1964 State law, approved by Decree 315/1964, February 7 in the wording given by article 51 of the law 53/2002, of 30 December.

As a result, "also are entitled to one additional business day to meet fifteen years of service, adding a day more to twenty, twenty-five and thirty years of service, respectively, up to a total of 26 working days per calendar year».

Work calendars approved prior to May 13, 2007 continue in force.

(c) license by reason of marriage: remains of application, in accordance with paragraph 1 of these instructions, the fifteen calendar days in the event of marriage license, regulated in article 71.1 law civil officers of the State in 1964.

8 acquisition and loss of the service (articles 55-68) relationship to) access to public employment (articles 56 and 57): the minimum age to participate in the selective processes, both for personal civil servant workforce, is sixteen years old.

The maximum age may not exceed the age of compulsory retirement.

Only by law may require another maximum age different from the age of compulsory retirement for access to public employment.

(b) composition of the organs of selection (article 60): the following rules must be observed: will not be part of selection bodies staff election or political appointment, interim officials and temporary staff.

Membership will always be individual, not being able to hold this on behalf or on behalf of anyone.

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

(c) waiver and rehabilitation (articles 64 and 68): renouncing the status of civil servant can not be accepted when subject to disciplinary or has been issued against auto processing or opening of the oral proceedings by the Commission of a crime.

In the event of application for rehabilitation in the condition of official derived from main or accessory penalty, silence will have negative sense.

(d) retirement (article 67): in accordance with stated in paragraph 1 of these instructions, a transitional measure until the requirements and conditions provided for in the EBEP retirement patterns, regulate continues in force article 33 30/1984 forced civil servants retirement law.

In accordance with the last subparagraph of paragraph 3 of article 67 of the EBEP, the fifteenth additional provision of Act 30/1984, editorially given by law 27/1994, of 29 September, insofar as it contains specific State standards of retirement of officials of educational bodies, including levels of university education, continues in force.

9. groups of classification of bodies and scales (article 76 and third transitory provision) the integration of bodies and scales in new groups and subgroups of the classification is automatic.

Temporarily, existing classification groups the entry into force of the Statute are integrated automatically into groups of professional classification of staff provided for in article 76 of the EBEP, in accordance with the following equivalencies: old group subgroup: A1.

Former Group B: subgroup A2.

Former Group C: subgroup C1.

Former Group D: C2 subgroup.

Old Group E: groups professionals referred to in the seventh additional provision.

This automatic integration is not applicable to the new group B remaining reserved are those in possession of the title of technician does not exist in current classification groups equivalent.

10 provision of jobs (articles 78-84) continue existing procedures for the provision of jobs, which will continue to be governed by law 30/1984 and the Royal Decree 364/1995, taking into account the following: to) contest provision of jobs's personal official race (article 79): the composition of the technical colleges responsible for the assessment of the merits and capabilities and If any, skills of the candidates, it will respond to the principle of professionalism and specialization of its members and will adapt to the criterion of parity between men and women.

Stays minimum stay requirement in every workplace of final use of two years in order to participate in the competitions of provision, subject to the exceptions provided for in the existing civil service regulations.

(b) termination of jobs of appointees, excision and removal of jobs obtained by competition: continue in force the rules on allocation of jobs in the event of termination, deletion or removal of the posts, contained in the General rules of entry, Provision of jobs and career development and the resolution of 15 February 1996.

(c) mobility of staff (article 81) career officer: forced by the service needs or functional, transfers may be carried out throughout the territory of the State.

It will primarily serve to voluntary transfers when exceptional reasons involve the adoption of resource management plans.

(d) mobility on the basis of violence against women (article 82): replaced the preferential right of the official victim of gender violence to occupy another vacant job and required coverage post for the right to transfer to another job without need to be vacant of required coverage.

Be guaranteed in any case the privacy of the victims and the confidentiality of the personal data of these and of their dependants.

(e) voluntary mobility between public authorities (article 84): career officials who obtain destination in other public administration through the procedures for provision of jobs provided in article 78.2 of the EBEP, will be with respect to their administration of origin in the administrative situation of service in other public administrations.

In the event of termination or deletion of the job, they remain in the administration of destination, which must assign them work according to systems of career and provision of existing jobs in the administration.

11 administrative situations (articles 85-92) remains in force the administrative situations regulation contained in law 30/1984 and in Royal Decree 365/1995, with the following changes: to) special services (article 87): Add the following assumptions: when they are appointed as members of the governing bodies of the cities of Ceuta and Melilla, the institutions of the EU or international organizations or be appointed senior members of the above-mentioned public administrations or institutions (letter (a). When are appointed for the performance of jobs or positions in public bodies or entities, dependent or related to public administrations which, in accordance with the respective public administration establishes it, are similar in their administrative rank to senior positions (letter c).

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

When are designated to form part of the Councils of Justice of the autonomous communities (letter g).

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

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

The effects of special services continue to be those provided for in article 29 of the law 30/1984 and its implementing rules.

(b) service in other public administrations (article 88): officials who are in a situation of services in the autonomous communities as well as those who are serving in local governments and public universities, corresponds to the administrative service in other public administrations situation.

Officials in situation of service in other public administrations have right to participate in the calls that perform their administration of origin for the provision of jobs and for internal promotion.

(c) unpaid by particular interest [(artículo 89.1.a)]: the award for volunteer excellence by particular interest is subordinated to the needs of the service: the grant and the denial shall be duly substantiated on the basis of the needs of the service.

(d) unpaid leave by family group (article 89.3): shall the Declaration of this situation in the cases as the spouse resides in another town by having obtained and be playing a post in the final in any of the public administrations, public bodies and entities of public law dependent or related to them, in the constitutional bodies or of the judiciary as well as in the European Union or in international organizations.

(e) unpaid leave to attend to the care of family and children (article 89.4): the time spent in this situation will be computable for purposes of triennia, career and rights in the system of Social security of application.

The time spent in this situation will be computable to participate in internal promotion tests.

This situation leads to the reserve of the job for two years. After that period, the reserve will be to a position in the same locality and equal pay.

(f) voluntary redundancy by providing services in the public sector [(artículo 85.2.b)]: keeps the regulation of this kind of leave of absence volunteer in the wording given by the Royal Decree 255/2006 until enacts the law of civil service of the AGE.

12 code of conduct (articles 52-54) the code of conduct, duties, ethical principles and principles of conduct referred to in articles 52, 53 and 54, is of direct application to the personal officer and labor personnel.

Is also of direct application to the staff of the State public sector entities, as indicated in paragraph 4 of these instructions.

The principles and rules established in the code of conduct shall inform the interpretation and application of the relevant disciplinary regimes.

13 regime disciplinary (articles 93-98) regime disciplinary content in the title VII of the EBEP applies the personal officer and labor personnel.

Continues the rules of disciplinary officials of the General Administration of the State regime, approved by Royal Decree 33/1986, of 10 January, as well as workforce collective agreements in all that are not incompatible with the provisions of this title.

Be considered very serious fouls official personal and labor personnel the following cases not provided for in the current Regulation (article 95): moral, sexual and harassment on grounds of sex (letter b).

The abandonment of the service, as well as not take voluntary tasks or functions that have entrusted (letter c).

The publication or misuse of documents that have or have had access by reason of his position or function (letter e).

The notorious breach of essential functions inherent to the job or assigned functions (letter g).

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

The prevalence in the status of public employees to obtain an improper benefit for himself or for another (letter j).

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

The workplace harassment (letter or).

Joins the forced relocation without change of locality of residence as a new disciplinary sanction.

Amending the limitation of failures periods: very serious infringements (3 years); graves (2 years); and mild (6 months).

The sanctions limitation periods are set: for very serious misconduct (3 years); on fault serious (2 years); and mild (1 year) for misconduct.

These periods of prescription of fouls and penalties are applied with the character of legal provision of necessary right to the workforce.

The computation of the period of limitation in the event of continued failures starts from the cessation of its Commission.

All basic benefits and family allowances per dependent child shall be levied during the period which is in a situation of temporary suspension.

The return or restitution of what is perceived will be mandatory when the provisional suspension to rise to definitive suspension.

14 incompatibilities (third final provision) to) scope (third final provision. ((1): included in the scope of application of article 2 of the law 53/1984, of 26 December, incompatibilities of personnel at the service of the public, the staff officer and labour administrations of all the public bodies (section a), foundations and consortia (paragraph g).

(b) managerial staff (third final provision. (Paragraph 2): may not be recognized or authorized support to managers, including the subject to the employment relationship of the special character of senior management, in accordance with the modification in paragraph 1 of article 16 of the law 53/1984-operated.

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