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Royal Decree 696/2007 Of 1 June, Which Regulates The Employment Of Teachers Of Religion Expected In The Third Additional Provision Of The Organic Law 2/2006 Of 3 May, Of Education.

Original Language Title: Real Decreto 696/2007, de 1 de junio, por el que se regula la relación laboral de los profesores de religión prevista en la disposición adicional tercera de la Ley Orgánica 2/2006, de 3 de mayo, de Educación.

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TEXT

The ordination of the legal system of teachers of religion has had a different regulation over the last few decades. The Concordat of 1953 provided that the Catholic religion would be taught, in primary schools, by the teachers themselves, except for the reason of the ordinary, and by priests or religious teachers and, in the alternative, by secular teachers. appointed by the competent civil authority on the proposal of the diocesan Ordinary, in the middle school. The Agreement on Teaching and Cultural Affairs of 3 January 1979, signed between the Spanish State and the Holy See, the starting point of the current labour regime of these teachers, in Article III of the Agreement, provided that such teaching would be persons designated by the academic authority among those whom the Diocesan Ordinary proposed to exercise this teaching and, in Article VII, that the economic situation of the professors of religion, at the various levels Education that did not belong to the State Teachers ' Corps, would be involved in the administration Central and the Spanish Episcopal Conference. In the same way, a few years later, agreements were signed with the other religious denominations that, as provided for in the Organic Law on Religious Freedom, have an evident or notorious roots in Spanish society. In particular, by Law 24/1992, of 10 November, the Cooperation Agreement of the Spanish State is approved with the Federation of Evangelical Religious Entities of Spain; by Law 25/1992, of 10 November, the Cooperation Agreement of the Spanish State with the Federation of Israeli Communities of Spain; and finally, by Law 26/1992, of 10 November, the Cooperation Agreement of the Spanish State with the Islamic Commission of Spain is approved (all published in the BOE of the 12 of November). In these Agreements, among other things, the above mentioned religious confessions are recognized as the capacity to designate teachers who are required to teach the corresponding religious teaching. On 20 May 1993, the Spanish Government and the Spanish Bishops ' Conference signed the first Convention, published by Order of 9 September 1993, on the Economic Regime of Persons in charge of the Teaching of Religion Catholic in Public Schools of Primary Education who, not being teaching staff of the Administration, were proposed every school year by the Ordinary of the place and appointed by the academic authority, reflecting the commitment to reach the economic equalization of these teachers of religion with the interim teachers of the same level in a period of five budgetary years (1994-1998), in addition to the adoption by the Government of appropriate measures for their inclusion in the Special Social Security Scheme for self-employed or self-employed persons, with the result that the various judgments of the Supreme Court. However, the content of this Agreement did not give full consideration to the question, when the staff received their remuneration from the grants which, to that end, the Spanish Bishops ' Conference had received annually, which generated a a certain indeterminacy with respect to the working nature of the relationship that linked this group. Law 50/1998, of December 30, of Administrative Fiscal Measures and of the Social Order for 1999, tried to respond to the ensuing conflict, characterizing this relationship as work, duration determined and coincident with the course school. In application of this provision, and in compliance with the judgments of that time issued by different Courts of Justice, a new Convention between the State and the Spanish Episcopal Conference was signed on 26 February 1999. by Order of 9 April 1999, on the economic and labour regime of this staff, in whose virtue each educational administration assumed the role of employer and was obliged to discharge it into the General Social Security Regime at the beginning of the 1998-1999 academic year, proceeding to hire and repay it as from 1 January 1999, the payment system, which has been in force since 1982, by means of a grant to the Spanish Bishops ' Conference, has ceased to have effects. On the other hand, Council Directive 1999 /70/EC of 28 June 1999 on the framework agreement of the ETUC, UNICE and CEEP on fixed-term work recognising the indefinite nature of the employment relationship between the European Community and the European Community. It is binding on this faculty-except for the cases expressly assessed in the Law-and without prejudice to the concurrence of any of the intended causes of extinction of the contract, it has come to affect in the mentioned labor and economic regime of this teaching collective. Finally, in particular, the Council Directive 2000 /78/EC of 27 November 2000 on the establishment of a general framework for equal treatment in employment and occupation provides for the provision in Article 4 of Directive 2000 /78/EC of 27 November 2000 on the establishment of a general framework for equal treatment in employment and occupation. agree with Declaration No 11 of the European Union on the status of churches and non-confessional organisations-the right of Member States to maintain or establish essential and decisive professional requirements for activities based on religion or religious ethics The Organic Law 2/2006, of 3 May, of Education (in In its third paragraph, the third paragraph states that "teachers who do not belong to the bodies of teaching officers, give the teaching of religions in public centres, will do so in a recruitment system." In accordance with the Workers ' Statute, with the respective competent administrations "and that" the regulation of their employment regime will be made with the participation of the representatives of the teachers ". What is established in the LOE on the faculty of religion is intended to articulate the effectiveness of the mandate contained in article 27.3 of the Spanish Constitution, whereby " the public authorities guarantee the right of the parents to attend children receive the religious and moral formation that they agree with their own convictions ", with the rights that our organization attributes to the workers who carry out these tasks and to the need to respect the uniqueness of the relationship of trust and good faith that they maintain with the different religious confessions with which they exist relations of cooperation. The regulation of the Constitutional Court, which has been reiterated from the 38/2007 judgment of 15 February, which considers the requirement of ecclesiastical suitability as a requirement of capacity for access to the posts of the Constitutional Court, is upheld. work as a professor of religion in public education institutions, at the same time as requiring such a declaration of suitability, or its revocation, to be respectful of the fundamental rights of the worker. In order to comply with the provisions of the LOE, this royal decree, in which the Autonomous Communities have been consulted, is dictated by the Staff Committee of the Sectoral Education Conference. as well as the most representative trade unions in the teaching sector, present in the Sectoral Education Bureau, having given their approval, both those and these, in meetings held on 14 November 2006. The different religious denominations, as well as other unions and associations with presence in this group, have also been consulted. In the draft royal decree, the School Council of the State has issued a report. In its virtue, on the initiative of the Minister of Education and Science, on a joint proposal of the Ministers of Education and Science, of Public Administrations, of Justice and of Labor and Social Affairs, in agreement with the State Council, and deliberation of the Council of Ministers at its meeting on 1 June 2007,

D I S P O N G O:

Article 1. Object and Scope.

The present royal decree regulates the employment relationship of professors of religion who do not belong to the Corps of teaching officials impart the teaching of religions in Public Centers provided for in the provision Third of the Organic Law 2/2006, of 3 May, of Education.

Article 2. Legal and Regulatory Provisions.

The employment of teachers of religion will be governed by the Workers ' Statute, recast text approved by the Royal Legislative Decree 1/1995, of March 24, by the third provision of the Law Organic Education, by this royal decree and its implementing rules, by the Agreement on Teaching and Cultural Affairs of 3 January 1979, signed between the Spanish State and the Holy See, as well as the Cooperation Agreements with other confessions that have an evident and notorious roots in Spanish society.

Article 3. Requirements to be met.

1. In order to teach religion, it will be necessary to meet the same requirements as required, or equivalent, in the respective educational level, to non-university teaching officers as listed in Organic Law 2/2006, May 3, of Education, have been proposed by the Authority of Religious Confession to impart such teaching and to have obtained the declaration of suitability or equivalent certification of religious confession subject to educational material, all of this in advance of its procurement by the competent authority.

2. To be hired as a religion teacher, the following requirements will be required:

(a) To be Spanish or national of one of the Member States of the European Union or a national of a State to which under the International Treaties concluded by the European Union and ratified by Spain, the free movement of workers, or being a foreigner with legal residence in Spain and authorised to work or to obtain an employment authorisation for an employed person.

b) Being served 18 years of age. (c) Do not suffer from illness or be affected by physical or mental limitation which is incompatible with the performance of the relevant functions. (d) have not been separated, by disciplinary record, from the service of any public administration, or be disabled for the performance of their duties. Applicants whose nationality is not Spanish must also prove that they are not subject to a disciplinary sanction or criminal conviction which prevents the performance of their duties in their State of origin.

Article 4. Duration and modality of recruitment.

1. The recruitment of teachers of religion shall be for an indefinite period, except in the case of replacement of the holder of the employment relationship which shall be carried out in accordance with Article 15.1.c) of the Staff Regulations and without prejudice to the causes of extinction of the contract contained in this royal decree.

2. The determination of the modality of the full or part-time contract, as required by the needs of the public institutions, shall be the responsibility of the competent educational authorities, without prejudice to the changes which may be made in the course of their the duration and reason of the educational planning, must be produced in respect of the working day and/or the Center reflected in contract.

Article 5. Form and content of the contract.

1. The contract shall be formalised in writing prior to the commencement of the work.

In any case, it will be necessary to formalize in writing before the beginning of the school year those modifications that are produced in the previous contract according to what is foreseen in the article 4.2 of the actual present decree. 2. The content of the contract must specify at least:

a) Identification of the parts.

b) Object. c) Place of work. (d) Remuneration. e) Duration and/or renewal. f) Working day. g) How many other aspects are considered essential in labour law.

Article 6. Access to the destination.

The target will be accessed in accordance with the objective assessment criteria deemed appropriate by the competent authority.

In any case it should be valued:

a) The teaching experience as a professor of religion, preferably in public centers and in the same educational level of the square to which one chooses.

b) Academic degrees, preferably the most closely related, by their content, to the teaching of religion. (c) Training and further training courses which are related to the teaching, school organisation or the like, preferably, the most closely related to the teaching of religion.

In any case, the principles of equality, merit, capacity and publicity will be respected.

Article 7. Termination of the contract.

The contract of employment shall be extinguished: (a) Where the competent authority adopts a decision in such a way, subject to the opening of disciplinary proceedings.

(b) By the right of the religious Confession that has granted it, the right of accreditation or the right to impart religion. (c) The other causes of extinction provided for in the Staff Regulations. (d) in the case of foreign workers, for the extinction or non-renewal of the authorization of residence or residence and work, as a result of the concurrence of any of the cases for such extinction or the failure of any of them of the requirements for renewal laid down in the rules on immigration and immigration.

Single additional disposition. Teachers of religion hired in the school year 2006/2007.

The professors of religion do not belong to the bodies of teaching officials that at the entry into force of the present royal decree they are hired will automatically pass to have an employment relationship for an indefinite period in the terms provided for in this royal decree, unless one of the causes of extinction of the contract provided for in Article 7 is present or the contract has been formalised in accordance with Article 15.1.c) of the Staff Regulations, i.e. to replace the holder of the employment relationship.

Final disposition first. Constitutional foundation.

This royal decree is issued under Article 149.1.7. of the Constitution, which reserves the State competence in matters of labor law.

Final disposition second. Entry into force.

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

Given in Madrid, June 1, 2007.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ