JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

The Basic Status of Public Employment sets out the general principles applicable to all public employment relationships, starting with the public service and the general interest, since the primary purpose is to Any reform in this area must be to improve the quality of the services that the citizen receives from the Administration.

The Basic Status of the Public Employee contains what is common to all public administration officials, plus the specific legal rules applicable to the labor personnel at their service. Based on the constitutional principle that the general government of public employment in our country is the civil service, it recognizes and integrates the evidence of the growing role that the public administration has been carrying out in the public sector. of personnel under labour law for the performance of certain tasks. In this sense, the Statute synthesizes what differentiates those who work in the administrative public sector, whatever their contractual relationship, from those who do so in the private sector.

The Basic Statute is an important and necessary step in a process of reform, predictably long and complex, that must adapt the articulation and management of public employment in Spain to the needs of our time, online with the reforms that have been undertaken lately in the other countries of the European Union and in the Community Administration itself.

Administrations and public entities of all kinds must have the organizational factors that enable them to satisfy the right of citizens to good administration, which is consolidated in the European space, and contribute to economic and social development. Among these factors, the most important is, without a doubt, the staff at the service of the Administration.

The public employment system that allows to meet these challenges is one that makes it possible to attract the professionals that the Administration needs, that stimulates the employees to the efficient fulfillment of their functions and responsibilities, provides them with adequate training and provides them with sufficient opportunities for professional promotion, while facilitating the rational and objective, agile and flexible management of staff, taking into account the continuous development of new technologies.

For this, the basic legislation of the civil service must create the normative framework that guarantees selection and career on the basis of the constitutional criteria of merit and capacity and establishes a fair balance. between rights and responsibilities of public employees. In addition, the basic legislation should provide for the instruments that empower different administrations for the planning and management of their personnel and the most efficient use of them.

Now, in our country specifically, this legislation must take into account the extensive process of administrative decentralization that has taken place over the last few decades. According to him, the General Administration of the State is, of the three territorial levels of government, the one that currently has fewer employees. The progressive and drastic reduction of its personnel, together with the changes in the functions it performs, cannot fail to affect the structure and articulation of the public service to its service. In parallel, the emergency of the autonomous administrations, which today has practically half of the country's public employees, has made its own problems and needs for personnel management emerge. Something similar can be said for local authorities, which are also deeply divided between them, in which the number of employees has also experienced significant growth.

He wants to say that the regime of the civil service cannot be configured today on the basis of a homogeneous system that has as a unique model of reference to the State Administration. On the other hand, each administration must be able to set up its own personnel policy, without any need for the necessary elements of cohesion and the consequent coordination instruments. Therefore, the density of basic legislation in the field of public service must be reduced today, in comparison with past times, taking into account in any case the determinations of the Statutes of Autonomy and the doctrine established by the Constitutional Court.

On the other hand, the opening of greater spaces for organizational autonomy in personnel matters is also necessary to enable the differentiated regulation of the sectors of public employment that require it. Today, in fact, we are witnessing a gradual multiplication of the forms of management of the public activities within each territorial level of government, which seeks to respond adequately to the demands that it poses, in each case, the effective service to the citizens. The traditional bureaucratic organization, created essentially for the exercise of public powers in application of laws and regulations, has been fragmented into a plurality of entities and organizations of very different types, dedicated to the the provision of direct services to the public and others to the exercise of renewed regulatory and control functions. This diversity of organisations has also contributed to the current heterogeneity of public employment schemes. The proper management of the latter requires different solutions in some and other sectors and, therefore, the basic general legislation cannot constitute an obstacle or a factor of rigidity. On the contrary, it must facilitate and push forward the reforms that are necessary for administrative modernisation in all areas.

At last, the most significant manifestation of this trend towards diversity is the use by many public administrations to recruit staff in accordance with labour law. While the general regime of public employment in our country cannot be a constitutional imperative, nor are there any reasons to justify today a significant extension of employment in the public sector, it should not be known that a Significant percentage of public employees have the status of labour personnel, in accordance with current legislation. The flexibility that this legal regime introduces into public employment and its greater proximity to the management criteria of the private enterprise explain the preference for it in certain areas of the Administration.

this duality of regimes, also present with some or other peculiarities in the majority of the European States, nevertheless raises some legal and personnel management problems, which cannot be considered and cannot be considered. to regulate itself, in its essential aspects, by a law that aims to order the public employment system as a whole. Moreover, as experience shows and the case law of the Courts underlines, the employment relationship of public employment is subject to certain specificities and therefore some principles, such as merit and capacity in access, and certain standards As the system of incompatibilities, it is common to the staff of the statutory staff and the labour force. Moreover, the collective bargaining of the staff at the service of the Public Administrations, although separate for one and other types of staff up to this point, has resulted in a growing approximation of the conditions of employment which affect. This is why, without further application of the general labour law as appropriate and following the recommendations of the experts, it is appropriate to regulate in the same legal text that articulates the basic legislation of the State on the civil service. the peculiarities of the employment relationship of public employment. This Statute also contains the rules which make up this employment relationship for public employment, in accordance with the competence conferred on the State by Article 149.1.7. of the Constitution.

In the development of this Basic Statute, the state legislator and the Autonomous Communities, within the scope of their respective competences, will have to approve or modify the laws of public function of their administrations, as well as the rules applicable to local authorities, while respecting the organisational autonomy of local authorities in the latter case. Such laws may also be general or refer to specific sectors of the public function which require them. Among the latter, it will necessarily be necessary to count those that affect the teaching staff and the statutory staff of the health services, constituting, in relation to the latter collective, the norm in force the Law 55/2003, of 14 December, of the Statute Framework of the Statutory Staff of the Health Services, and also its development regulations, regardless of the universal vocation of application and the standard of reference, in short, of the Basic Staff Regulations. As far as the labour force is concerned, as not provided for by the Basic Staff Regulations, which regulate the specialities of public employment of this nature, the common labour law will have to be applied.

The collective bargaining of civil servants and labour personnel, in the terms provided for in this Statute, will ultimately contribute to the implementation of the conditions of employment of all staff at the service of the Administration, as it already happens today.

You begin with a set of general principles that are enforceable for those who are public employees. Below is a list of basic and common rights of public employees, differentiating that if the most specific right of career officials to immobility in their condition, which should not be contemplated as a privilege This is the most important guarantee of its impartiality. The Statute updates this catalogue of rights, distinguishing between individual and collective rights, and incorporating the more traditional ones of recent recognition, such as those relating to the objectivity and transparency of the assessment systems, respecting their personal privacy, especially in the face of sexual or moral harassment, and the reconciliation of personal, family and work life.

For the first time, a general regulation of the basic duties of public employees, founded on ethical principles and rules of conduct, which constitutes a true code of conduct, is established in our legislation. These rules are included in the Statute for a pedagogical and guiding purpose, but also as a limit to lawful activities, the infringement of which may have disciplinary consequences. As the condition of public employee does not only involve rights, but also a special responsibility and obligations specific to the citizens, the Administration itself and the needs of the service. This, the public service, is based on a set of values of its own, on a specific "culture" of the public that, far from being incompatible with the demands of greater efficiency and productivity, it is necessary to maintain and to protect, today as yesterday.

The Basic Statute is followed by defining the classes of public employees-career and interim officials, labour staff, eventual staff-by regulating the new management staff. The latter is called to constitute a decisive factor for administrative modernization in the future, since its professional management is subject to criteria of effectiveness and efficiency, responsibility and control of results according to the objectives. Although fortunately, officials and other public servants with capacity and training have not been lacking in our administrations, there is a need for a decisive advance in the legal recognition of this kind of staff, as is already the case in the majority of neighbouring countries.

As far as officials are concerned, it is necessary to modify their current classification, taking into account the evolution that our education system has experienced in recent years, particularly in the field of education. open process of reordering of university degrees. The classification in three large groups, with its subgroups, is carried out according to the degree required for its entry, establishing a group A, with two subgroups A1 and A2; one group B and one group C, in turn with the subgroups C1 and C2.

Moreover, the Statute strengthens the guarantees of transparency as regards the number and remuneration of the staff and contains some rules for combating the excessive temporality rate in public employment which has been achieved in some administrations and sectors.

In any case, as far as the management of public employment is concerned, as well as the system of structuring the same in bodies, scales, classes or categories and the instruments of classification of the jobs, the Basic Statute is intended to be scrupulously respectful of the legislative powers of the Autonomous Communities, as well as the organizational autonomy of the Autonomous Communities and local administrations. On the basis of very flexible principles and guidelines, the law refers to the development laws and the governing bodies for the set of decisions that will have to shape public employment in each administration.

In terms of access to public employment, it has been essential to ensure that the principles of equality, merit and capacity are applied as much as possible, as well as the transparency of selective processes and their agility, without the latter undermining the objectivity of the selection. This is not, by the way, incompatible with greater possibilities of opening up our public employment to citizens who lack Spanish nationality, in application of Community law or for reasons of general interest, or with the necessary adoption of positive measures to promote access for people with disabilities. In particular, the emphasis is placed on the guarantees of impartiality and professionalism of the members of the selection bodies, in order to ensure their independence in the exercise of the powers that they have and hence, which, as is the rule in other arrangements, certain limits to their composition are laid down. To this end, the criterion of gender parity is added, in coherence with the greatest current concern of our order to guarantee real equality between men and women.

Similar criteria, essential for maintaining the highest degree of professionalism in our public employment, must also be applied to the career of civil servants and to the provision of jobs. In addition, however, some other reforms need to be introduced, which aim to improve the efficiency of the system and the incentives and expectations of civil servants. Without imposing it on all public administrations, the Basic Statute allows horizontal career models to be set up, which are disassociated from changes in the workplace and based on the development of skills and performance. In this way, the organic inflation and the excessive voluntary mobility of staff, which has been completed by characterising the model in force, will be able to be reduced, as it concentrates all career opportunities in the future performance of jobs. However, the Staff Regulations also allow for the continuation of this mode of career in those administrations or areas of public employment in which it is considered appropriate and to adopt others that combine horizontal and vertical career elements.

The fundamental element of the new regulation is, in any case, the evaluation of the performance of public employees, which the Public Administrations will have to establish through procedures based on the principles of equality, objectivity and transparency. The periodic assessment must be taken into account for the purposes of the promotion in the career, the provision and maintenance of the jobs and for the determination of part of the additional remuneration, which is linked precisely to the productivity or performance. In general, there is a number of experiences that already exist in the field of our public administrations. This introduces a factor of personal motivation and internal control, which is common to the reforms of public employment that have been adopted or are being implemented. articulating at European level. It is obvious, in fact, that the opportunities for promotion and, to some extent, the rewards that correspond to each public employee must be related to the way in which it performs its functions, in attention to the objectives of the organization, since It is unfair and contrary to the efficiency that the same treatment is designed for all employees, whatever their performance and their attitude to the service.

It follows that the continuity of the official in his position of work achieved by competition must be made dependent on the positive evaluation of his performance, since today it is already socially unacceptable that they will be consolidated with character for life and professional positions for those who, eventually, do not satisfactorily address their responsibilities.

But, in turn, it is necessary to facilitate the internal promotion of all employees who acquire the necessary skills and requirements to make progress in their career, from the lower to the higher levels, so that do not limit the opportunities of those who have an interest and desire to achieve with their dedication and effort the greatest responsibilities. Cooperation instruments should also be established to facilitate the voluntary mobility of civil servants between different administrations, which is a fair and widespread demand for public employees. Finally, it is necessary to make the rules of functional mobility and, where appropriate, geographical, of the staff for service needs more flexible, with appropriate guarantees and compensation, when they come. To all these needs, certain precepts of the new Law are answered.

The management of personnel, in accordance with all these rules and those that develop them for the same purpose, will be able to gain in efficiency and equity, which must be translated sooner or later in an improvement of the services.

Consequently, but also in view of the experience of the last few years, the new law must introduce some modifications to the remuneration system of public servants.

In this regard, the State, through the General Budget Laws, must maintain the powers that allow it to exercise control over the expenditure of personnel, which is an essential component of public expenditure and, therefore, of the general budget. This is addressed to the repeated doctrine established for this purpose by the Constitutional Court. However, this does not prevent the recognition of greater autonomy in the determination of part of the remuneration, the complementary ones, which may legitimately vary in some and other administrations, as is already the case today in practice. However, the flexibility with which the public officials ' career is regulated in the Basic Statute implies a free choice for both the Civil Service Laws of the General Administration of the State and those of the Autonomous Communities adapt the remuneration system to the career path that they choose in each case.

In line with this, complementary remuneration may be linked to the degree, level or category achieved in the career, to the characteristics of the job being performed and to the performance, initiative, interest or effort applied to performance. In addition, the Staff Regulations satisfy an old and permanent claim by the officials that the amount of the extraordinary payments includes a complete sum of the basic remuneration and the additional fixed amounts, the right already enjoyed today in many cases by employees with employment contracts.

In terms of administrative situations, the new legal text simplifies and reorders the current regulation, establishing a set of common rules for all career officials. However, it recognises the possibility that, by law of the Autonomous Communities, different scenarios may be introduced, according to their needs.

Special reference deserves the chapter devoted to collective bargaining and the participation and institutional representation of public employees. In this area, an important effort has been made, in accordance with the recommendations of the experts, to clarify the principles, content, effects and limits of collective bargaining and to improve their articulation, in view of the experience of recent years and the legal doctrine established by the Constitutional Court and the Supreme Court.

The Statute emphasizes the principles of legality, budgetary coverage, the obligation of negotiation, good faith, publicity and transparency to be presided over by the negotiations. It introduces or consolidates new features of relief in order to the structure of collective bargaining, through the creation of a General Administration of Public Administrations, in which all of them are represented, to negotiate the projects of basic legislation and other issues of general interest, legitimising collective bargaining in supramunicialareas and allowing the official staff and staff to be negotiated in the same Bureau. It defines with greater precision that the legislation up to now in force the subjects to be negotiated and those that are excluded from it and clarifies the legal effects of the Pacts and Agreements, in particular when they deal with matters to be regulated by law, of course in which the competent governing body is bound to present the relevant draft law, or where they may replace the provisions laid down by regulatory or other decisions of the government or administrative bodies, of course, where they are directly effective, if necessary after their approval or ratification. The applicable legal solution is also needed if the agreement is not reached in the collective bargaining agreement. Finally, the validity of the Pacts and Agreements is regulated, which can only be validly violated by the Administration for exceptional and serious public interest due to unforeseen circumstances when they were signed.

The law also includes the current regulations regarding the representation of the official staff and the corresponding electoral system. Some technical improvements are incorporated into it and the content of the basic legislation is reduced in some respects, but without the lack of knowledge of the competence which the State has to regulate these aspects intrinsically linked to the exercise of the trade union rights.

Finally, it establishes the possibility of resorting to extrajudicial means of solving collective conflicts that may arise in the interpretation and application of the Acts and Agreements, be it mediation, obligatory to instance of one of the parties, or voluntary arbitration.

As regards the disciplinary system, the Staff Regulations, in accordance with their basic character, are limited to ordering the principles to which the exercise of this public authority must be subject to public employees, very serious infringements and extends the range of possible sanctions. It is also widely referred to the legislation which, in its development, dictates the State and the Autonomous Communities in the field of their respective competences.

In its final title, the organs and instruments of cooperation between the Public Administrations are established which, without their respective autonomy, are considered essential to ensure the coherence and communication of the system. of public employment as a whole. In this case, it has been decided to abolish the Superior Council of the Civil Service, given the lack of operability that this body has had and because the functions of its being endowed more than twenty years ago have already been replaced in practice by the the activities of the coordination bodies between the State and the Autonomous Communities and by the negotiating tables and other means of participation of the trade union organizations. At the corresponding Sectoral Conference and in the Commission for the Coordination of Public Employment, the presence of a representation of the Local Administration is foreseen, which, not in vain, currently integrates approximately one quarter of the public employees.

The greater autonomy that each Administration must have for the ordination and management of its personnel, in the terms of this Statute, must be complemented by more intensive cooperation among all of them, to the effect of resolving the numerous common problems, for the benefit of the public and the public employees as a whole.

On the other hand, although this Statute maintains the current system of incompatibilities, it is necessary to adapt it in part to the new legal regime established in our Statute. In this sense, the Third Final Disposition reinforces the total incompatibility of the management personnel, including the one submitted to the special employment relationship of high management, for the performance of any private activity. And it is also included in the staff subject to Law 53/1984, of December 26, of Incompatibilities at the service of the Public Administrations, the staff at the service of Agencies, as well as of Foundations and Consorcios in certain cases of public funding, as a result of the emergence of new figures and entities.

Article 103.3 of the Constitution provides that the law shall regulate the status of civil servants and their Article 149.1.18. It confers on the State jurisdiction on the basis of the statutory regime of civil servants. Public Administrations. Despite these constitutional provisions, a general law of the State has so far not been approved which, in compliance with these provisions, regulates in a complete manner the basis of such a statutory regime.

This lack is mainly explained by the difficulty of addressing a legislative reform of the public employment system of general scope, taking into account the diversity of administrations and sectors, groups and categories of officials to whom it is called to apply, either directly or, at least, extra.

In fact, the historical occasions in which this task has been undertaken and completed, with greater or lesser fortune, are in fact scarce in our country. It is now worth remembering the regulation or "new arrangement" of public employees promoted by the Minister of Finance Luis López Ballesteros, which established the Royal Decree of 3 April 1828, preceded by other rules for the officials of the Real Hacienda. Mention should also be made of the Statute of Bravo Murillo, approved by Royal Decree of 18 June 1852, of the Law of Bases of 22 July 1918 and its Regulation of 7 September, which contain the so-called Maura Statute, and finally, of the Law of Civil Servants of the State, articulated by Decree of 7 February 1964, in the development of the Law of Bases 109/1963, of July 20.

It must be added, however, that after the Constitution, reforms of the legal regime of public employees have seen the light of reforms that were less important than those. Among them is the one introduced by Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, a regulation that already has the character of basic legislation and which was born with pretensions of provisionality, although it has been in force For more than two decades, the Law is that it has configured a model of public function very different from the previous ones, structured around the job. This reform was supplemented by Law 53/1984 of 26 December 1984 on the Incompatibilities of staff at the service of the Public Administrations and, later, by Law 9/1987 of 12 June, which regulates the system of representation of the public officials and their participation and collective bargaining for the determination of their conditions of employment. These three legal norms have thus far been the essential core of the basic legislation of the State in the field and, in turn, have been modified in time, supplemented or developed by multiple norms of different drawn up by the State and by the Autonomous Communities.

The dispersion of basic legislation in several texts has long advised its recasting within the framework of a coordinated model for personnel policies. However, since the legislation of the 1980s was adopted, our society and our public administrations have undergone profound changes which, together with the experience gained since then, made it essential to new general reform. This was attempted in 1999 by the presentation of a draft Law on Basic Law on Civil Service, which was not dealt with. It is therefore definitively carried out by this text, which has been drawn up after an intensive period of study and reflection, entrusted to the Committee of Experts set up for the purpose and after a no less sustained process of discussion and discussion. dialogue with representatives of the Autonomous Communities and other administrations and with the social partners and professional organisations concerned. It follows from one and the other that there is widespread consensus in favour of reform and numerous coincidences on the analysis of the problems to be solved and on the guidelines to which such a reform should be adjusted.

TITLE I

Object and Scope

Article 1. Object.

1. The purpose of this Statute is to lay down the basis for the statutory scheme for civil servants falling within their scope.

2. It is also intended to determine the rules applicable to employees in the service of public administrations.

3. This Statute reflects, in the same way, the following principles of action:

a) Service to citizens and general interests.

b) Equality, merit and ability in access and in professional promotion.

c) Full submission to law and law.

d) Equal treatment between women and men.

e) Objectivity, professionalism and impartiality in the service guaranteed with the immobility in the condition of career official.

f) Effectiveness in the planning and management of human resources.

g) Development and permanent professional qualification of public employees.

h) Transparency.

i) Evaluation and management responsibility.

j) Hierarchy in the attribution, sorting, and performance of functions and tasks.

k) Collective bargaining and participation, through representatives, in determining the conditions of employment.

l) Cooperation between public administrations in the regulation and management of public employment.

Article 2. Scope.

1. This Staff Regulations apply to civil servants and, where appropriate, to work staff in the service of the following Public Administrations:

-The General Administration of the State.

-The Administrations of the Autonomous Communities and the Cities of Ceuta and Melilla.

-Local Entity Administrations.

-Public Bodies, Agencies and other entities governed by public law with their own legal personality, linked or dependent on any of the Public Administrations.

-Public Universities.

2. In the application of this Staff Regulations to the investigating staff, special rules may be issued to bring them into line with their peculiarities.

3. The teaching staff and statutory staff of the Health Services shall be governed by the specific legislation dictated by the State and by the Autonomous Communities in the field of their respective competences and as provided for in this Statute, except Chapter II of Title III, except for Article 20, and Articles 22.3, 24 and 84.

4. Each time this Statute makes mention of the career civil servant, the statutory staff of the Health Services shall be understood.

5. This Statute has an additional nature for all the staff of the Public Administrations not included in its scope.

Article 3. Official staff of the Local Entities.

1. The official staff of the Local Entities is governed by the applicable state legislation, which is part of this Statute and by the legislation of the Autonomous Communities, with respect to local autonomy.

2. The Local Police Corps is also governed by this Statute and by the legislation of the Autonomous Communities, except as established for them in Organic Law 2/1986, of March 13, of Forces and Security Corps.

Article 4. Personnel with specific legislation of their own.

The provisions of this Statute will only apply directly when your specific legislation so provides to the following staff:

(a) Official staff of the General Courts and the Legislative Assemblies of the Autonomous Communities.

(b) Staff of the other Constitutional Bodies of the State and of the Statue of the Autonomous Communities.

(c) Judges, Magistrates, Prosecutors and other officials serving the Administration of Justice.

d) Military personnel of the Armed Forces.

e) Forces and Security Corps personnel.

f) Staff paid for duty.

g) National Intelligence Center personnel.

h) Bank of Spain Personnel and Deposit Insurance Funds in Credit Entities.

Article 5. Staff of the State Post and Telegraph Society.

The official staff of the State Post and Telegraph Society shall be governed by its specific rules and in an additional manner in accordance with the provisions of this Statute.

Your workforce will be governed by labor law and other conventionally applicable rules.

Article 6. Civil Service Laws.

In the development of this Statute, the General Courts and the Legislative Assemblies of the Autonomous Communities will approve, in the field of their competences, the Regulatory Laws of the Civil Service of the General Administration of the State and Autonomous Communities.

Article 7. Regulations applicable to labour personnel.

The employees at the service of the Public Administrations are governed, in addition to by the labor legislation and the other rules conventionally applicable, by the precepts of this Statute that so provide.

TITLE II

Staff classes at the service of Public Administrations

Article 8. Concept and classes of public employees.

1. Public employees are employed in public administrations in the service of general interest.

2. Public employees are classified into:

a) Career officials.

b) Interim officials.

c) Job staff, either fixed, for indefinite or temporary time.

d) Eventual staff.

Article 9. Career officials.

1. It is career officials who, by virtue of legal appointment, are linked to a Public Administration by a statutory relationship governed by the Administrative Law for the performance of professional services of a character permanent.

2. In any event, the exercise of the functions involving direct or indirect participation in the exercise of public powers or in the safeguarding of the general interests of the State and of the general public exclusively to civil servants, in terms of the law of development of each public administration.

Article 10. Interim officials.

1. It is interim officials who, for reasons expressly justified in need and urgency, are appointed as such for the performance of functions of career officials, when any of the following circumstances are:

(a) The existence of vacant places where their coverage by career officials is not possible.

b) The transient replacement of the headlines.

c) The execution of programs of a temporary character.

d) The excess or accumulation of tasks for a maximum period of six months, within a period of twelve months.

2. The selection of interim officials shall be carried out by means of agile procedures which shall in any event respect the principles of equality, merit, capacity and publicity.

3. The cessation of interim officials shall be, in addition to the causes provided for in Article 63, when the cause of the appointment has been completed.

4. In the case referred to in point (a) of paragraph 1 of this Article, vacant posts by interim officials shall be included in the offer of employment corresponding to the year in which the appointment is made and, if not possible, in the following, unless the depreciation is decided.

5. Interim officials shall be applicable to them, as soon as it is appropriate to the nature of their status, the general scheme of career officials.

Article 11. Work staff.

1. It is labour staff who, by virtue of a written contract of employment, in any of the procedures for the recruitment of staff provided for in the labour law, provide services paid by the public authorities. Depending on the duration of the contract, it may be fixed, for an indefinite or temporary period.

2. The laws of civil service that are dictated in the development of this Statute will establish the criteria for the determination of the jobs that can be performed by labor personnel, respecting in any case the established in the article 9.2.

Article 12. Eventual staff.

1. It is possible for any person who, by virtue of his appointment and on a non-permanent basis, only performs functions expressly qualified as a trust or special counsel, being paid from the budget appropriations entered for this end.

2. The laws of Civil Service that are dictated in the development of this Statute will determine the governing bodies of the Public Administrations that will be able to have this type of staff. The maximum number shall be established by the respective governing bodies. This number and the remuneration shall be public.

3. The appointment and termination will be free. The eesc shall, in any event, take place when the authority to which the function of trust or advice is provided is produced.

4. The condition of eventual staff may not constitute merit for access to the Civil Service or for internal promotion.

5. The eventual staff will be applicable, in whatever is appropriate to the nature of their condition, the general regime of career officials.

SUBTITLE I

Managing staff

Article 13. Professional managerial staff.

The Government and the Governing Bodies of the Autonomous Communities may establish, in the course of this Statute, the specific legal status of the management staff and the criteria for determining their status, agreement, among others, with the following principles:

1. It is managerial staff who develop professional managerial functions in the Public Administrations, defined as such in the specific rules of each Administration.

2. Its designation shall be based on principles of merit and capacity and suitability criteria, and shall be carried out by means of procedures to ensure publicity and concurrency.

3. The management staff shall be subject to evaluation in accordance with the criteria of effectiveness and efficiency, responsibility for their management and control of results in relation to the objectives that have been set for them.

4. The determination of the conditions of employment of the management staff shall not have the consideration of the subject matter of collective bargaining for the purposes of this Law. Where the staff member meets the condition of employment staff, he shall be subject to the special working relationship of senior management.

TITLE III

Rights and duties. Code of conduct for public employees

CHAPTER I

Public employee rights

Article 14. Individual rights.

Public employees have the following individual rights in correspondence with the legal nature of their service relationship:

a) To the immobility in the condition of career official.

(b) The effective performance of the functions or duties of his or her professional status and in accordance with the progression achieved in his or her professional career.

c) To progression in the professional career and internal promotion according to constitutional principles of equality, merit and capacity through the implementation of objective and transparent systems of evaluation.

d) To receive remuneration and compensation for the reason of the service.

e) To participate in the achievement of the objectives attributed to the unit where it provides its services and to be informed by its superiors of the tasks to be developed.

(f) To the legal defense and protection of the Public Administration in the proceedings to be followed in any court order as a consequence of the legitimate exercise of its functions or public office.

g) To continuous training and to the permanent updating of their professional knowledge and skills, preferably in working hours.

h) Respect for their privacy, sexual orientation, their own image and dignity at work, especially in the face of sexual harassment and because of sex, morals and work.

i) To non-discrimination on grounds of birth, racial or ethnic origin, gender, sex or sexual orientation, religion or belief, opinion, disability, age or any other personal or social condition or circumstance.

j) The adoption of measures to promote the reconciliation of personal, family and work life.

k) To freedom of expression within the limits of the legal order.

l) To receive effective health and safety protection at work.

m) For holidays, breaks, permits, and licenses.

n) To retirement under the terms and conditions set out in the applicable rules.

or) To the benefits of the Social Security corresponding to the regime that is applicable to them.

p) To free professional association.

q) To the other rights recognized by the legal system.

Article 15. Individual rights collectively exercised.

Public employees have the following individual rights that are exercised collectively:

a) To trade union freedom.

b) To collective bargaining and participation in the determination of working conditions.

c) The exercise of the strike, with the guarantee of the maintenance of the essential services of the community.

d) To the approach of collective labour conflicts, in accordance with applicable law in each case.

e) To the meeting, in the terms set out in Article 46 of this Statute.

CHAPTER II

Right to professional career and internal promotion. Performance evaluation

Article 16. Concept, principles and modalities of career career civil servants.

1. Career officials will be entitled to professional promotion.

2. The professional career is the ordered set of opportunities for advancement and expectations of professional progress in accordance with the principles of equality, merit and capacity.

To this end the Public Administrations will promote the updating and improvement of the professional qualification of their career officials.

3. The Laws of Civil Service which are dictated in the development of this Statute shall regulate the professional career applicable in each field which may consist, inter alia, in the application isolated or simultaneous of some or some of the following Modes:

(a) horizontal race, consisting of the progression of grade, category, step or other similar concepts, without the need to change jobs and in accordance with Article 17 (b) and in the Article 20 (3) of this Statute.

(b) Vertical race, which consists of the promotion of the structure of jobs by the provision procedures laid down in Chapter III of Title V of this Statute.

c) Vertical internal promotion, consisting of the ascent from a body or scale of a Subgroup, or Professional Classification Group in the event that the Subgroup does not have Subgroup, to a higher one, in accordance with the provisions of the Article 18.

(d) Horizontal internal promotion, consisting of access to bodies or scales of the same professional subgroup, in accordance with the provisions of Article 18.

4. Career officials may be able to make progress simultaneously in horizontal and vertical career modalities where the relevant Administration has implemented them in the same field.

Article 17. Career officials ' horizontal career.

The Civil Service Laws that are dictated in the development of this Statute may regulate the horizontal career of career officials, and may apply, among others, the following rules:

(a) A system of grades, categories or steps of promotion shall be articulated, with the remuneration to each of them. Promotions shall be consecutive in a general manner, except in those exceptional cases where another possibility is provided for.

(b) The career path and performance, the quality of the work performed, the knowledge acquired and the outcome of the performance evaluation should be assessed. Other merits and skills may also be included due to the specificity of the function developed and the experience gained.

Article 18. Internal promotion of career officials.

1. Internal promotion shall be carried out by means of selective processes that ensure compliance with the constitutional principles of equality, merit and capacity as well as those referred to in Article 55.2 of this Statute.

2. Officials shall have the required requirements for admission, have an age of at least two years of active service in the lower Subgroup, or Professional Classification Group, in the event that the latter does not have Subgroup and exceed the corresponding selective tests.

3. The Civil Service Laws that will be developed in this Statute will articulate the systems to carry out the internal promotion, as well as to determine the bodies and scales to which the civil servants will be able to access belonging to others in your same Subgroup.

Likewise, the Civil Service Laws that are dictated by the present Statute may determine the bodies and scales to which the career officials of others from the same Subgroup may access.

4. The Public Administrations will take measures to encourage the participation of their staff in the selective processes of internal promotion and for the progression in the professional career.

Article 19. Professional career and promotion of work staff.

1. Work staff will be entitled to professional promotion.

2. The professional career and the promotion of the workforce will be effective through the procedures provided for in the Workers ' Statute or in the Collective Agreements.

Article 20. Performance evaluation.

1. Public Administrations shall establish systems that permit the assessment of the performance of their employees.

Performance evaluation is the procedure by which professional conduct and performance or achievement of results are measured and valued.

2. Performance assessment systems shall in any event be appropriate to the criteria of transparency, objectivity, impartiality and non-discrimination and shall be applied without prejudice to the rights of public employees.

3. The public authorities shall determine the effects of the assessment on the horizontal professional career, the training, the provision of jobs and the perception of the additional remuneration provided for in Article 24 of the This Statute.

4. The continuity of a job obtained by competition will be linked to the evaluation of the performance according to the evaluation systems that each Public Administration determines, giving the interested party, and the corresponding motivated resolution.

5. The application of the horizontal professional career, the additional remuneration resulting from Article 24 (c) of this Statute and the termination of the job obtained by the tender procedure shall require approval. prior to, in each case, objective systems to enable the performance to be assessed in accordance with paragraphs 1 and 2 of this Article.

CHAPTER III

Paid Rights

Article 21. Determination of the amounts and the remuneration increases.

1. The amounts of basic remuneration and the increase in the overall amounts of the additional remuneration of officials, as well as the increase in the labour force wage bill, should be reflected for each financial year. budget in the corresponding Budget Law.

2. No remuneration increases may be agreed which overall result in an increase in the wage bill exceeding the limits set annually in the General State Budget Law for staff.

Article 22. Remuneration of officials.

1. The remuneration of career officials is classified as basic and complementary.

2. The basic remuneration is paid to the official according to the membership of his/her body or scale to a particular sub-group or group of professional classification, in the event that the latter does not have Subgroup, and because of its seniority in the latter. Within them are the salary and triennial components of the extraordinary pages.

3. The additional remuneration is paid by the employees, the professional career or the performance, performance or results achieved by the official.

4. The extraordinary payments shall be two per year, each for the amount of a monthly allowance for basic remuneration and for all supplementary remuneration, except for those referred to in Article 24 (c) and (d).

5. No participation in taxes or any other income of the Public Administrations may be collected as consideration for any service, participation or award in fines imposed, even if they are normally attributed to the public authorities. services.

Article 23. Basic remuneration.

Basic remuneration, as set out in the State Budget Law, will be integrated solely and exclusively by:

a) The salary assigned to each Subgroup or Professional Classification Group, in the event that the Subgroup does not have Subgroup.

b) Trienes, which consist of an amount, that will be equal for each Subgroup or Professional Classification Group, in the event that the Subgroup does not have Subgroup, for every three years of service.

Article 24. Additional remuneration.

The amount and structure of the supplementary remuneration of officials shall be established by the corresponding laws of each Public Administration, taking into account, inter alia, the following factors:

a) The progression achieved by the official within the administrative career system.

b) The special technical difficulty, responsibility, dedication, incompatibility required for the performance of certain jobs or the conditions in which the work is carried out.

c) The degree of interest, initiative or effort with which the official performs his or her work and the performance or results obtained.

d) Extraordinary services provided outside the normal working day.

Article 25. Remuneration of interim officials.

1. Interim officials shall receive the basic remuneration and the extraordinary payments for the Sub-Group or the Group of Members, if the Subgroup or Group does not have Subgroup. They shall also receive the additional remuneration referred to in Article 24 (b), (c) and (d) and those corresponding to the category of entry in the body or scale in which the name is given.

2. The trienes corresponding to the services provided before the entry into force of this Statute shall be recognised and shall have remuneration only as from the entry into force of this Statute.

Article 26. Remuneration of officials in practice.

The public authorities shall determine the remuneration of officials in practices which, at least, correspond to those of the salary of the subgroup or group, in the event that they do not have a subgroup, in which they aspire to enter.

Article 27. Remuneration of the workforce.

The remuneration of the labour force shall be determined in accordance with the labour law, the collective agreement applicable and the employment contract, in accordance with the provisions of Article 21 of the present Statute.

Article 28. Compensation.

Officials will receive appropriate compensation for the service.

Article 29. Deferred remuneration.

Public Administrations may allocate amounts up to the percentage of the wage bill to be fixed in the corresponding State General Budget Laws to finance contributions to employment pension schemes or collective insurance contracts that include the coverage of the retirement contingency, for the staff included in their areas, in accordance with the provisions of the Pension Plans regulatory regulations.

The amounts intended to finance contributions to pension schemes or insurance contracts shall have all effects on the consideration of deferred remuneration.

Article 30. Deduction of remuneration.

1. Without prejudice to the disciplinary sanction that may be appropriate, the non-realised part of the day shall give rise to the proportional deduction of assets, which shall not be sanctioning.

2. Those who exercise the right to strike shall not bear or receive the remuneration corresponding to the time in which they have remained in that situation without the deduction of any of the penalties being imposed or the scheme affecting the scheme. respective of their social benefits.

CHAPTER IV

Right to collective bargaining, representation and institutional participation. Right of Meeting

Article 31. General principles.

1. Public employees have the right to collective bargaining, representation and institutional participation for the determination of their working conditions.

2. By collective bargaining, for the purposes of this Law, the right to negotiate the determination of the working conditions of the employees of the Public Administration is understood.

3. By representation, for the purposes of this Law, the power to elect representatives is understood and to constitute unitary organs through which the interlocution between the Public Administrations and their employees is instructed.

4. Institutional participation, for the purposes of this Law, means the right to participate, through the trade union organizations, in the control and monitoring bodies of the entities or bodies that are legally determined.

5. The exercise of the rights established in this article is guaranteed and carried out through the specific organs and systems regulated in this Chapter, without prejudice to other forms of collaboration between the Public Administrations. and their public employees or their representatives.

6. The most representative trade union organisations in the field of civil service are entitled to the interposition of administrative and judicial remedies against decisions of the selection bodies.

7. The exercise of the rights established in this Chapter shall in any event respect the content of this Statute and the laws of development provided for therein.

8. The procedures for determining working conditions in the Public Administrations shall take into account the provisions laid down in international conventions and agreements ratified by Spain.

Article 32. Collective bargaining, representation and participation of the workforce.

Collective bargaining, representation and participation of public employees with employment contracts shall be governed by labor law, without prejudice to the provisions of this Chapter that are expressly applicable to them.

Article 33. Collective bargaining.

1. The collective bargaining of the working conditions of civil servants, which shall be subject to the principles of legality, budgetary cover, enforcement, good faith, advertising and transparency, shall be carried out by means of the of the representative capacity recognized to the Trade Union Organizations in Articles 6.3.c); 7.1 and 7.2 of the Organic Law 11/1985, of 2 August, of Freedom of Association and the provisions of this Chapter.

To this effect, they will constitute Negotiating Tables in which they will be entitled to be present, on the one hand, the representatives of the corresponding Public Administration, and on the other hand, the Trade Union Organizations representative at the State level, the most representative Trade Union Organizations of the Autonomous Community, as well as the Trade Unions that have obtained 10 for 100 or more of the representatives in the elections for Delegates and Personnel Boards, in the electoral units within the specific scope of their constitution.

2. The Public Administrations may commission the development of collective bargaining activities to organs created by them, of a strictly technical nature, that will be represented in the collective bargaining before the relevant policy instructions and without prejudice to the ratification of the agreements reached by the governing or administrative bodies with competence to do so.

Article 34. Negotiation tables.

1. For the purposes of collective bargaining of civil servants, a General Negotiating Table shall be established in the field of the General Administration of the State, as well as in each of the Autonomous Communities, Cities of Ceuta and Melilla and Local Entities.

2. It is recognized that the associations of municipalities are legitimate, as well as that of the local entities of supramunicipal. For such purposes, the municipalities may accede on a prior or successive basis to the collective bargaining that takes place at the appropriate level.

Also, a Public Administration or Entity may accede to the Agreements reached within the territory of each Autonomous Community, or to the Agreements reached in a supramunicial scope.

3. The negotiation of matters relating to working conditions common to officials in their field is the responsibility of the General Messes.

4. Depending on the General Negotiation Tables and by agreement of these, Sectoral Tables may be established, in consideration of the specific working conditions of the administrative organizations concerned or the peculiarities of sectors specific public officials and their number.

5. The competence of the Sectoral Tables shall be extended to topics common to officials in the sector who have not been the subject of a decision by the respective General Table or to which it is explicitly forwarded or delegated to them.

6. The negotiation process will be opened in each Bureau on the date which, by common agreement, will be fixed by the corresponding administration and the majority of the trade union representation. In the absence of agreement, the process shall be initiated within a period of not more than one month after the majority of one of the legitimate parties promotes it, unless there are legal or agreed causes to prevent it.

7. Both parties shall be obliged to negotiate under the principle of good faith and to provide each other with the information they require concerning the negotiation.

Article 35. Constitution and composition of the negotiating tables.

1. The tables referred to in the previous article shall be validly constituted when, in addition to the representation of the corresponding administration, and without prejudice to the right of all the trade union organizations entitled to participate in the In proportion to their representativeness, such trade union organisations represent at least the absolute majority of the members of the unit of representation in the field concerned.

2. Changes in union representation, for the purpose of modification in the composition of the Negotiating Tables, will be accredited by the Trade Union Organizations concerned, by means of the corresponding certificate of the Public Office of Competent registry, every two years from the initial date of the establishment of the aforementioned Mesas.

3. The designation of the components of the Mesas shall be the responsibility of the negotiating parties which may be assisted in the deliberations of advisers, who shall speak with a voice, but without a vote.

4. The rules for the implementation of this Statute shall lay down the numerical composition of the tables corresponding to their areas, without any of the parties being able to exceed the number of 15 members.

Article 36. General Negotiation Tables.

1. It is a General Negotiation Table of the Public Administrations. The representation of these will be unitary, it will be chaired by the General Administration of the State and will have representatives of the Autonomous Communities, the Cities of Ceuta and Melilla and the Spanish Federation of Municipalities and Provinces, in function of the subjects to be negotiated.

The representation of the trade union organizations legitimized to be present in accordance with the provisions of Articles 6 and 7 of the Organic Law 11/1985 of 2 August, of Freedom of Association, will be distributed according to the the results obtained in the elections to the organs of representation of the staff, Staff Delegates, Staff Boards and Committees of Enterprise, in the whole of the Public Administrations.

2. The matters covered by Article 37 of the Staff Regulations, which may be subject to state regulation as a basic rule, shall be the subject of negotiation in this Bureau, without prejudice to the arrangements to be made by the Communities. Autonomous in their respective territorial scope by virtue of their exclusive and shared competences in the field of Civil Service.

It will be specifically object of negotiation in the field of the General Administration of Negotiation of Public Administrations the overall increase of the salaries of the staff to the service of the Public Administrations that to include in the draft General Budget Law of the State of each year.

3. For the negotiation of all the subjects and working conditions common to the official, statutory and labor personnel of each Public Administration, it shall be constituted in the General Administration of the State, in each of the Communities Autonomous, Cities of Ceuta and Melilla and Local Entities a Negotiating General Table.

The criteria set out in the previous section on representation of Trade Union Organizations in the General Negotiation Table of the Public Administrations, taking into account the In each case, consideration shall be given to the results obtained in the elections to the bodies representing the official and labour staff of the relevant field of representation.

In addition, the Trade Union Organizations that are part of the General Administration of Public Administrations, as long as they have obtained 10 percent of the total, will also be present in these General Meetings. representatives of civil servants or employees in the field concerned with the Bureau in question.

Article 37. Subject matter of negotiation.

1. The following matters shall be the subject of negotiation, in their respective field and in relation to the powers of each public administration and with the legal scope of each case:

(a) The application of the increase in the remuneration of staff to the service of public administrations established in the Law on the General Budget of the State and the Autonomous Communities.

(b) The determination and implementation of the supplementary remuneration of officials.

(c) The rules that set the general criteria for access, career, provision, job classification systems, and human resource planning plans and instruments.

(d) The rules that lay down the general criteria and mechanisms for performance assessment.

e) The Complementary Social Forecast plans.

f) The general criteria of plans and funds for internal training and promotion.

g) The general criteria for determining the social benefits and pensions of passive classes.

h) Proposals on trade union and participation rights.

i) The general social action criteria.

j) Those that are established in the regulations for the prevention of occupational risks.

(k) Those affecting the working conditions and the remuneration of civil servants, the regulation of which requires a standard of law.

l) The general criteria for public employment offers.

m) Those relating to work schedule, schedules, days, holidays, permits, functional and geographic mobility, as well as the general criteria for the strategic planning of human resources, in those aspects that affect the working conditions of public employees.

2. The following subjects are excluded from the obligation of negotiation:

a) Public Administrations decisions that affect your organization powers.

When the consequences of the decisions of the Public Administrations affecting their powers of organization have an impact on working conditions of the civil servants referred to in the previous paragraph, proceed with the negotiation of these conditions with the Trade Union Organisations referred to in this Statute.

(b) Regulation of the exercise of the rights of citizens and users of public services, as well as the procedure for the formation of administrative acts and provisions.

c) The determination of the working conditions of the management staff.

d) The powers of management and control of the hierarchical relationship.

e) The specific regulation and determination, in each case, of the systems, criteria, bodies and procedures for access to public employment and professional promotion.

Article 38. Pacts and Agreements.

1. Within the corresponding negotiating tables, the representatives of the public administrations may agree to acts and agreements with the representation of the trade union organizations entitled to such effects, for the determination of working conditions of the officials of those administrations.

2. The Agreements shall be concluded on matters which correspond strictly to the competence of the administrative body which subscribes to it and shall apply directly to the staff of the relevant field.

3. The Agreements shall deal with matters falling within the competence of the governing bodies of public administrations. For their validity and effectiveness their express and formal approval will be necessary for these organs. Where such Agreements have been ratified and affect matters which may be definitively decided by the governing bodies, the content of such agreements shall be directly applicable to the staff included in their field of application, without prejudice to that for formal purposes the amendment or repeal, where appropriate, of the relevant regulatory regulation is required.

If the ratified agreements deal with matters subject to the reserve of law, which, as a consequence, can only be definitively determined by the General Courts or the Legislative Assemblies of the Autonomous Communities, their The content shall not be directly effective. However, in this case, the respective governing body that has legislative initiative will proceed to the elaboration, approval and referral to the General Courts or Legislative Assemblies of the Autonomous Communities of the corresponding project. Law in accordance with the content of the Agreement and within the agreed time limit.

When there is a lack of ratification of an Agreement or, if necessary, an express refusal to incorporate what has been agreed in the corresponding Bill, the renegotiation of the treated subjects must be initiated within one month, if will be requested by at least most of one of the parties.

4. The Agreements and Agreements shall determine the parties to the agreements, the personal, functional, territorial and temporal scope, as well as the form, period of notice and conditions of denunciation of the agreements.

5. The Joint Monitoring Committees shall be established with the composition and functions to be determined by the parties.

6. The Agreements concluded and the Agreements, once ratified, shall be forwarded to the Public Office which each competent authority determines and the respective Authority shall order its publication in the Official Gazette corresponding to the territorial scope.

7. Where no agreement is reached in the negotiation or renegotiation provided for in the last subparagraph of paragraph 3 of this Article and once exhausted, where appropriate, the procedures for the out-of-court settlement of disputes, it shall be for the governing bodies of the Public Administrations to lay down the working conditions of officials with the exceptions referred to in paragraphs 11, 12 and 13 of this Article.

8. The Agreements and Agreements which, in accordance with the provisions of Article 37, contain general working conditions and conditions common to civil servants and employees, shall have the consideration and effects provided for in this Article for the officials and Article 83 of the Staff Regulations for workers.

9. The Agreements and Agreements in their respective fields and in relation to the competences of each Public Administration, may establish the structure of collective bargaining as well as set the rules to resolve the conflicts of competition. between the negotiations of a different scope and the criteria of primacy and complementarity between the different negotiating units.

10. Compliance with the Acts and Agreements is ensured, except where exceptionally and because of a serious public interest resulting from a substantial alteration of the economic circumstances, the governing bodies of the Public Administrations suspend or modify the implementation of the acts and agreements already signed, to the extent strictly necessary to safeguard the public interest.

In this case, the Public Administrations must inform the Trade Union Organizations of the causes of the suspension or modification.

11. Unless otherwise agreed, the Acts and Agreements shall be extended from year to year if they do not mediate the express denunciation of one of the parties.

12. The validity of the content of the Acts and Agreements after their duration has been concluded shall be in the terms that they have established.

13. The Pacts and Agreements that follow other previous agreements will be repealed in their entirety, except for the aspects expressly agreed upon.

Article 39. Representative bodies.

1. The specific organs of representation of the officials are the Staff Delegates and the Staff Boards.

2. In electoral units where the number of officials is equal to or greater than 6 and less than 50, their representation shall correspond to the Staff Delegates. Up to 30 officials will be elected a Delegate, and 31 to 49 will be elected three, who will exercise their representation jointly and jointly.

3. The Staff Boards shall be constituted in electoral units with a minimum census of 50 officials.

4. The establishment of electoral units shall be regulated by the State and by each Autonomous Community within the scope of its legislative powers. Prior agreement with the Trade Union Organizations legitimized in Articles 6 and 7 of the Organic Law 11/1985 of 2 August of Freedom of Association, the governing bodies of the Public Administrations may modify or establish units the number and peculiarities of their groups, adapting their configuration to the administrative structures or to the areas of negotiation which are constituted or which are constituted.

5. Each Staff Board consists of a number of representatives, depending on the number of officials of the corresponding Electoral Unit, according to the following scale, in line with the provisions of the Workers ' Statute:

50 to 100 officials: 5.

From 101 to 250 officials: 9.

From 251 to 500 officials: 13.

From 501 to 750 officials: 17.

From 751 to 1,000 officials: 21.

From 1,001 onwards, two per 1,000 or fraction, with the maximum of 75.

6. The Staff Boards shall elect from among its members a President and a Registrar and shall draw up their own Rules of Procedure, which may not contravene the provisions of this Statute and implementing legislation, and shall forward a copy thereof. and of their modifications to the body or bodies competent in matters of personnel to be determined by each Administration. The Regulation and its amendments shall be approved by the favourable votes of at least two thirds of its members.

Article 40. Functions and legitimisation of representation bodies.

1. The Staff Boards and the Staff Delegates, where appropriate, shall have the following functions, in their respective fields:

(a) Receive information, on personnel policy, as well as on data concerning the evolution of remuneration, likely evolution of employment in the field concerned, and performance improvement programmes.

b) Issue report, at the request of the relevant Public Administration, on the total or partial transfer of the facilities and the implementation or review of their organizational systems and working methods.

c) Be informed of all penalties imposed for very serious faults.

d) To have knowledge and to be heard in the establishment of the working day and working hours, as well as in the regime of holidays and permits.

e) To monitor compliance with the existing rules on working conditions, prevention of occupational risks, Social Security and employment and, where appropriate, to exercise appropriate legal action before the agencies competent.

f) Collaborate with the corresponding Administration to achieve the establishment of how many measures to maintain and increase productivity.

2. The Boards of Personnel, collegiately, by majority decision of its members and, if necessary, the Personnel Delegates, jointly, will be entitled to initiate, as interested, the corresponding administrative procedures and exercise administrative or judicial proceedings in all matters relating to the scope of their duties.

Article 41. Guarantees of the representative function of staff.

1. The members of the Staff Boards and the Staff Delegates, where appropriate, as legal representatives of the officials, shall have in the exercise of their function representative of the following guarantees and rights:

(a) Access and free movement through the dependencies of its electoral unit, without hindering the normal functioning of the corresponding administrative units, within the usual working hours and with the exception of areas which are reserved in accordance with the provisions of the legislation in force.

b) Free distribution of publications that refer to professional and trade union issues.

c) The hearing in the disciplinary proceedings to which its members may be submitted during the time of their term of office and during the year immediately thereafter, without prejudice to the hearing of the person concerned sanctioning procedure.

d) A credit of monthly hours within the working day and paid as effective work, according to the following scale:

Up to 100 officials: 15.

From 101 to 250 officials: 20.

From 251 to 500 officials: 30.

From 501 to 750 officials: 35.

From 751 onwards: 40.

The members of the Staff and Delegates of Staff of the same candidacy who so manifest may proceed, after communication to the body that holds the Chief of Staff to which the person exercises his or her representation, to the accumulation of the time credits.

(e) Not to be transferred or punished for reasons related to the exercise of its representative mandate, or during its term, or in the year following its extinction, with the exception of the extinction that takes place by revocation or resignation.

2. The members of the Staff Boards and the Delegates of Personnel may not be discriminated against in their training or in their economic or professional promotion because of the performance of their representation.

3. Each of the members of the Board of Staff and is as a collegiate body, as well as the Staff Delegates, where appropriate, shall observe professional secrecy in all matters relating to the matters in which the Administration expressly points out the reserved, even after the expiry of its mandate. In any event, no reserved document delivered by the Administration may be used outside the strict scope of the Administration for purposes other than those that motivated its delivery.

Article 42. Duration of the representation.

The mandate of the members of the Staff Boards and the Staff Delegates, if any, will be four years, and may be re-elected. The term of office shall be extended if, at the end of the term, no new elections have been promoted, without any extended mandate being counted for the purpose of determining the representative capacity of the Trade Unions.

Article 43. Promotion of elections to Delegates and Staff Boards.

1. May promote the holding of elections to Delegates and Juntas of Personnel, as provided for in this Statute and in Articles 6 and 7 of the Organic Law 11/1985 of 2 August of Freedom of Association:

a) The most representative trade unions at the state level.

(b) The most representative trade unions at the Autonomous Community level, when the affected electoral unit is located within its geographical scope.

(c) Trade Unions which, without being more representative, have achieved at least 10 per 100 of the representatives referred to in this Statute in all public administrations.

(d) Trade Unions that have obtained at least a percentage of the 10 per 100 in the electoral unit in which the election is intended to be promoted.

e) The officials of the electoral unit, by majority agreement.

2. To this effect, the legitimized to promote elections will have the right for the corresponding Public Administration to provide them with the census of personnel of the affected electoral units, distributed by organizations or centers of work.

Article 44. Electoral procedure.

The procedure for choosing the Personal Boards and for the choice of Personnel Delegates will be determined by regulation taking into account the following general criteria:

-The choice shall be made by personal, direct, free and secret suffrage which may be issued by mail or by other telematic means.

-Officials who are in the active service situation will be eligible and eligible. The officials responsible for posts whose appointment is made by Royal Decree or by Decree of the Councils of Government of the Autonomous Communities and the Cities of Ceuta and of the Cities of Ceuta shall not be considered as electors or eligible. Melilla.

-Candidates may be submitted by legally constituted trade union organizations or coalitions of such organizations, and groups of electors of the same electoral unit, provided that the number of them is equivalent, at least, to the triple the members to choose from.

-Staff Boards will be chosen by closed lists through a corrected proportional system, and Staff Delegates by open lists and majority system.

-The electoral bodies will be the Electoral Tables that are constituted for the direction and development of the electoral procedure and the permanent public offices for the computation and certification of the results regulated in the working regulations.

-The challenges will be dealt with in accordance with an arbitration procedure, except for complaints against the refusal of registration of electoral records that may be directly addressed to the social jurisdiction.

Article 45. Out-of-court settlement of collective conflicts.

1. Irrespective of the powers laid down by the parties to the Joint Committees provided for in Article 38.5 for the knowledge and resolution of conflicts arising from the application and interpretation of the Acts and Agreements, the Public administrations and the Trade Union Organisations referred to in this Chapter may agree on the creation, configuration and development of systems for the out-of-court settlement of collective conflicts.

2. The conflicts referred to in the preceding paragraph may be those arising from the negotiation, application and interpretation of the Acts and Agreements on the matters referred to in Article 37, except for those in which there is a reserve of law.

3. The systems may be integrated by mediation and arbitration procedures. Mediation shall be compulsory at the request of one of the parties and the proposals for a solution offered by the mediator or mediators may be freely accepted or rejected by them.

By means of the arbitration procedure the parties may agree voluntarily to entrust to a third party the resolution of the dispute raised, committing in advance to accept the content of the dispute.

4. The agreement reached through the mediation or the arbitration resolution shall have the same legal effectiveness and processing of the Acts and Agreements governed by this Statute, provided that those who have adopted the agreement or signed the agreement Arbitration shall have the legitimacy to enable them to agree, in the field of conflict, to a Covenant or Agreement as provided for in this Statute.

These agreements will be amenable to impeachment. Specifically, it shall be an appeal against the arbitral judgment if the requirements and formalities laid down for that purpose have not been observed in the conduct of the arbitral proceedings or where the judgment has been dealt with on a non-binding basis. subject to their decision, or which is in contradiction with the law in force.

5. The use of these systems shall be carried out in accordance with procedures to be determined in accordance with the representative trade union organisations.

Article 46. Right of Meeting.

1. They are entitled to convene a meeting, in addition to the Trade Union Organizations, directly or through the Trade Union Delegates:

a) Staff Delegates.

b) The Staff Boards.

c) The Enterprise Committees.

d) The public employees of the respective administrations in numbers not less than 40 per 100 of the collective called.

2. Meetings at the working centre shall be authorised outside the working hours, unless agreement is reached between the competent body in the field of staff and those who are entitled to convene them.

The holding of the meeting will not impair the provision of services and the convenors of the meeting will be responsible for their normal development.

CHAPTER V

Right to workday, leave and vacation

Article 47. Working day of civil servants.

Public Administrations will establish the general day and the special work of their public officials. The working day may be full time or part time.

Article 48. Permissions of civil servants.

1. The Public Administrations shall determine the assumptions for granting permits to civil servants and their requirements, effects and duration. In the absence of applicable legislation, the permits and their duration shall be at least the following:

(a) By death, accident or serious illness of a relative within the first degree of consanguinity or affinity, three working days when the event occurs in the same locality, and five working days when in different location.

In the case of death, accident or serious illness of a relative within the second degree of consanguinity or affinity, the permit shall be two working days when it occurs in the same locality and four working days. where it is in a different location.

b) By home move without change of residence, one day.

c) To perform union or staff representation functions, in terms that are determined.

d) To attend final examinations and other final fitness tests, during the days of their celebration.

e) For the conduct of prenatal tests and delivery techniques for pregnant women.

f) Breastfeeding of a child under 12 months of age shall be entitled to an hour of absence from work which may be divided into two fractions. This right may be replaced by a reduction of the normal working day in half an hour at the beginning and end of the day or, at the beginning or end of the day, for the same purpose. This right may be exercised interchangeably by one or the other of the parents, in the event that they both work.

The official will also be able to request the replacement of the nursing time with a paid leave that accumulates in full days the corresponding time.

This permit will be increased proportionally in multiple birth cases.

g) By birth of preterm children or who for any other cause must remain hospitalized after delivery, the official or official shall be entitled to leave work for up to two hours (a) a day of receipt of full remuneration. They shall also be entitled to reduce their working time to a maximum of two hours, with a proportional reduction in their remuneration.

(h) For reasons of legal guardian, where the official has direct care of a person under 12 years of age, a person who is more than requiring special dedication, or a person with a disability who does not carry out paid activity, have the right to reduce their working time, with the reduction of their remuneration as appropriate.

The official who needs to take care of the direct care of a family member, up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness cannot avail himself or herself, will have the same right. do not perform paid activity.

i) For the care of a first-degree family member, the official shall have the right to request a reduction of up to fifty per cent of the working day, on a paid basis, for reasons of illness very serious and for the maximum period of one month. If there is more than one holder of this right for the same causative event, the time of enjoyment of this reduction may be extended by the same, with respect in any case, for the maximum period of one month.

(j) For the time being indispensable for the fulfilment of an inexcusable duty of a public or personal nature and for duties related to the reconciliation of family and work life.

k) For particular issues, six days.

2. In addition to the days of free disposition established by each Public Administration, officials shall be entitled to two additional days of enjoyment of the sixth three-year period, increasing by an additional day for each three-year period of the end of the year. of the eighth.

Article 49. Permits for reasons of reconciliation of personal, family and work life and for reasons of gender-based violence.

In any case the following permissions will be granted with the corresponding minimum conditions:

(a) Leave by birth: it will last for sixteen weeks uninterrupted. This leave will be extended by two more weeks in the child's disability assumption and, for each child from the second, in the multiple delivery assumptions. The permit will be distributed at the option of the official, provided that six weeks are immediately after the delivery. In the event of the death of the mother, the other parent may make use of the entire or, where appropriate, the portion of the parent's permission.

Notwithstanding the above, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the period of rest after the birth, either simultaneously or in succession with that of the mother. The other parent may continue to enjoy the maternity leave initially transferred, although at the time provided for the return of the mother to work, she is in a temporary disability situation.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed sixteen weeks or those corresponding to the disability of the child or multiple birth.

This permit may be enjoyed on a full-time or part-time basis, when the needs of the service permit, and on the terms that are regulated.

In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, this permit will be extended in as many days as the neonate is hospitalized, with a maximum of thirteen additional weeks.

During the enjoyment of this permit you will be able to participate in the training courses called by the Administration.

b) Permission for adoption or acceptance, whether preadopted or permanent or simple: it will last for sixteen weeks uninterrupted. This permit will be extended by two more weeks in the disability assumption of the adopted or receiving child and by each child, from the second, in the cases of adoption or multiple acceptance.

The calculation of the time limit shall be counted at the choice of the official, based on the administrative or judicial decision of the acceptance or on the basis of the judicial decision making the adoption without any case can be entitled to several periods of enjoyment of this permit.

In the event that both parents work, the permit will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always in uninterrupted periods.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed 16 weeks or those corresponding to the multiple adoption or acceptance of the child and the disability of the adopted child. received.

This permit may be enjoyed on a full or part-time basis, when the service needs permit, and on the terms that are determined to be determined.

If the prior movement of the parents to the country of origin of the adopted person is necessary, in the cases of adoption or international acceptance, a permit of up to two months of duration shall also be entitled, perceiving during this period exclusively the basic remuneration.

Regardless of the permit for up to two months provided for in the preceding paragraph and for the assumption referred to in that paragraph, the adoption or acceptance permit, whether pre-adopted or permanent or simple, may be initiated until four weeks prior to the judicial decision establishing the adoption or administrative or judicial decision of the host country.

During the enjoyment of this permit you will be able to participate in the training courses called by the Administration.

The assumptions of adoption or acceptance, both preadoptive and permanent or simple, provided for in this article shall be those established in the Civil Code or the Civil Laws of the Autonomous Communities that regulate them, The simple reception should be for a duration not less than one year.

(c) paternity leave for the birth, reception or adoption of a child: shall be for a period of 15 days, to be enjoyed by the parent or other parent as from the date of birth, of the administrative decision or (a) a judicial review or a judicial decision establishing the adoption of such a decision.

This permission is independent of the shared enjoyment of the permissions referred to in (a) and (b).

In the cases provided for in paragraphs (a), (b), and (c) the time spent during the enjoyment of these permits shall be computed as an effective service for all purposes, guaranteeing the full economic rights of the the official and, where appropriate, the other official parent, for the entire duration of the permit, and, where appropriate, during the periods following the enjoyment of the permit, if in accordance with the applicable rules, the right to receive any Remuneration concept is determined according to the period of enjoyment of the permit.

Officials who have made use of the leave by birth or maternity, paternity and adoption or welcome will be entitled, after the end of the leave period, to reintegrate into their position of work in terms and conditions which are not less favourable to the enjoyment of the permit, as well as to benefit from any improvement in working conditions to which they may have been entitled during their absence.

d) Permission for gender-based violence on women would work: the lack of assistance from female victims of gender-based violence, total or partial, will be considered justified by time and in the the conditions in which the social services of health care and/or health services determine as appropriate.

Likewise, female victims of violence against women, in order to make effective their protection or their right to comprehensive social assistance, will be entitled to the reduction of the day with a proportional reduction of the remuneration, or the rearrangement of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of working time which are applicable, in the terms that for these assumptions establish the Competent Public Administration at home case.

Article 50. Public servants ' holiday.

Public servants shall have the right to enjoy at least, during each calendar year, a paid holiday of twenty-two working days, or of the days corresponding proportionally if the service time during the year was less.

For the purposes of this Article, they shall not be considered as working days on Saturdays, without prejudice to any adaptations to the special schedules.

Article 51. Work day, leave and leave of work staff.

For the working day regime, permits and holidays of the workforce will be established in this Chapter and in the corresponding labor legislation.

CHAPTER VI

Duties of public employees. Code of Conduct

Article 52. Duties of public employees. Code of Conduct.

Public employees will be required to carry out the duties assigned to them and to ensure the general interests with the subjection and observance of the Constitution and the rest of the legal system, and must act with the following principles: objectivity, integrity, neutrality, responsibility, impartiality, confidentiality, dedication to public service, transparency, exemplarity, austerity, accessibility, effectiveness, honesty, promotion of the environment cultural and environmental, and respect for equality between women and men, which inspire the Code of Conduct for public employees configured by the ethical and conduct principles regulated in the following articles.

The principles and rules set forth in this Chapter will inform the interpretation and application of the disciplinary regime of public employees.

Article 53. Ethical principles.

1. Public employees will respect the Constitution and the other rules that make up the legal system.

2. Its action will pursue the satisfaction of the general interests of the citizens and will be based on objective considerations geared towards impartiality and the common interest, irrespective of any other factor expressing views. personal, family, corporate, clientelar or any others that may collide with this principle.

3. They will adjust their performance to the principles of loyalty and good faith with the Administration in which they serve, and with their superiors, colleagues, subordinates and citizens.

4. Their conduct shall be based on respect for fundamental rights and public freedoms, avoiding any action which may result in discrimination on grounds of birth, racial or ethnic origin, gender, sex, sexual orientation, religion or convictions, opinion, disability, age or any other personal or social condition or circumstance.

5. They shall refrain from matters in which they have a personal interest, as well as any private activity or interest that may pose a risk of conflict of interest with their public post.

6. They shall not contract economic obligations or intervene in financial transactions, property obligations or legal dealings with persons or entities where it may involve a conflict of interest with the obligations of their public post.

7. They shall not accept any treatment of favour or situation involving an unjustified privilege or advantage by natural persons or private entities.

8. They shall act in accordance with the principles of effectiveness, economy and efficiency, and shall monitor the achievement of the general interest and the fulfilment of the objectives of the organisation.

9. They shall not influence the streamlining or resolution of the proceedings or the administrative procedure without a fair cause and, in no case, when it carries a privilege for the benefit of the holders of the public office or their immediate family and social environment; or where it is an infringement of the interests of third parties.

10. They shall carry out the tasks assigned to them or are entrusted with due diligence and shall, where appropriate, resolve the procedures or files of their competence within the time limit.

11. They shall exercise their privileges in accordance with the principle of dedication to public service by refraining not only from conduct contrary to it, but also from any other conduct that compromises neutrality in the exercise of public services.

12. They shall keep secret of the classified or other materials the dissemination of which is legally prohibited, and shall keep due discretion on those matters which they know by reason of their charge, without being able to make use of the information obtained for own or third party benefit, or to the detriment of the public interest.

Article 54. Principles of conduct.

1. They will treat the citizens, their superiors and the other public employees with care and respect.

2. The performance of the tasks corresponding to your job will be performed diligently and in accordance with the established time and schedule.

3. They shall obey the instructions and professional orders of the superiors, unless they constitute a manifest infringement of the legal order, in which case they shall immediately be brought to the attention of the inspection bodies concerned.

4. They shall inform citizens about matters or matters which they have the right to know, and shall facilitate the exercise of their rights and the fulfilment of their obligations.

5. They will administer the resources and public goods with austerity, and will not use them for their own advantage or for the people who are close to them. They shall also have a duty to ensure their conservation.

6. Any gift, favor or service on advantageous terms that goes beyond the usual, social and courtesy uses, without prejudice to the provisions of the Penal Code, will be rejected.

7. They shall ensure the constancy and permanence of the documents for transmission and delivery to their subsequent decision-makers.

8. They will keep their training and qualifications up to date.

9. They will observe the rules on occupational safety and health.

10. They shall inform their superiors or the competent bodies of any proposals they consider appropriate to improve the development of the functions of the unit in which they are intended. For these purposes, provision may be made for the appropriate body to be set up to centralise the receipt of proposals from public or managed employees to improve the effectiveness of the service.

11. They shall ensure that the citizen in the language who so requests is official in the territory.

TITLE IV

Acquisition and Loss of Service Relationship

CHAPTER I

Access to public employment and acquisition of the service relationship

Article 55. Guiding principles.

1. All citizens have the right to access to public employment in accordance with the constitutional principles of equality, merit and capacity, and in accordance with the provisions of this Statute and the rest of the legal order.

2. The public authorities, entities and bodies referred to in Article 2 of this Statute shall select their official and working staff by means of procedures in which the constitutional principles are guaranteed. expressed as well as those set out below:

a) Advertising of the calls and their bases.

b) Transparency.

c) Imbias and professionalism of the members of the selection bodies.

d) Independence and technical discretion in the performance of the selection bodies.

e) Adequation between the content of the selective processes and the functions or tasks to be developed.

f) Agility, without prejudice to objectivity, in the selection processes.

Article 56. General requirements.

1. In order to participate in the selective processes it will be necessary to meet the following requirements:

(a) To have Spanish nationality, without prejudice to the provisions of the following Article.

b) Poseer the functional capacity for the performance of the tasks.

(c) To be completed sixteen years and not to exceed, where appropriate, the maximum age of compulsory retirement. Only by law can another maximum age, other than the forcible retirement age, be established for access to public employment.

(d) Not having been separated by a disciplinary record of the service of any of the Public Administrations or of the constitutional or statutory bodies of the Autonomous Communities, nor being in disablement absolute or special for public employment or office by judicial decision, for access to the body or level of official, or to perform functions similar to those carried out in the case of work staff, in which it has been separated or disabled. In the case of being a national of another State, not being disabled or in an equivalent situation or having been subject to disciplinary or equivalent sanctions in his State, on the same terms as access to public employment.

e) Poseer the required titration.

2. Public administrations, in the field of their competences, should provide for the selection of duly trained public employees to cover the jobs in the Autonomous Communities which have two official languages.

3. Compliance with other specific requirements may be required to ensure objective and proportionate relationship with the tasks undertaken and the tasks to be performed. In any case, they should be established in an abstract and general manner.

Article 57. Access to public employment of nationals of other States.

1. Nationals of the Member States of the European Union may, as official staff, have access to public employment on an equal footing with Spaniards, with the exception of those who directly or indirectly involve a participation in public employment. in the exercise of public power or in the functions which are intended to safeguard the interests of the State or of the public authorities.

To this end, the governing bodies of the Public Administrations shall determine the groupings of officials referred to in Article 76 to which nationals of other States cannot access.

2. The provisions of paragraph 1 shall apply, irrespective of nationality, to the spouse of Spaniards and nationals of other Member States of the European Union, provided that they are not separated from the right and their descendants and those of your spouse, provided that they are not separated from the right, be less than twenty-one or older years of age dependent.

3. Access to public employment as official staff shall also be extended to persons falling within the scope of the Treaties concluded by the European Union and ratified by Spain in which the free movement of workers, in accordance with the terms set out in paragraph 1 of this Article.

4. The foreigners referred to in the previous paragraphs, as well as foreigners with legal residence in Spain, will be able to access the Public Administrations, as labor personnel, on an equal footing with the Spanish.

5. Only by law of the General Courts or Legislative Assemblies of the Autonomous Communities may the requirement of nationality be waived for reasons of general interest for access to the condition of official personnel.

Article 58. Access to the public employment of Spanish officials from International Organizations.

Public Administrations shall establish the conditions and conditions for access to the same officials of Spanish nationality of International Organizations, provided that they possess the required qualifications and exceed the corresponding selective processes. They may be exempted from the performance of those tests which are intended to demonstrate knowledge already required for the performance of their position in the relevant international body.

Article 59. Persons with disabilities.

1. A quota of not less than five per cent of the vacancies to be covered between persons with disabilities shall be reserved for public employment offers, in the light of those defined in Article 1 (2) of Law 51/2003, 2 of The European Commission has also been able to provide a basis for the development of the European Union's activities in the field of education and the environment, and to improve the quality of life in the European Union. Two percent of the total troops will be reached progressively in each public administration.

2. Each Public Administration shall take the necessary measures to make the adjustments and reasonable adjustments of time and means in the selective process and, once it has been exceeded, the adjustments in the workplace to the needs of the persons with disabilities.

Article 60. Selection bodies.

1. The selection bodies shall be collegial and their composition shall conform to the principles of impartiality and professionalism of their members, and shall also be based on parity between women and men.

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

3. The membership of the selection bodies will always be individual, not being able to be held in representation or on behalf of anyone.

Article 61. Selective systems.

1. The selective processes shall be open and shall ensure free competition, without prejudice to the internal promotion and positive discrimination measures provided for in this Statute.

The selection bodies shall ensure compliance with the principle of equal opportunities between the sexes.

2. The selection procedures shall take particular care of the connection between the type of evidence to be exceeded and the adequacy of the performance of the tasks of the jobs called, including, where appropriate, the practical evidence which is accurate.

The tests may consist of checking the knowledge and analytical capacity of applicants, expressed in oral or written form, in carrying out exercises that demonstrate the possession of skills and skills, in the verification of the foreign language domain and, where appropriate, in the improvement of physical evidence.

3. The selective processes which include, in addition to the mandatory capacity tests, the merit assessment of applicants may only grant such an assessment a proportionate score which will in no case determine by itself the result of the selective process.

4. Public administrations will be able to create specialized and permanent organs for the organization of selective processes, with the possibility to entrust these functions to the Institutes or Schools of Public Administration.

5. In order to ensure the objectivity and rationality of the selective processes, the tests may be supplemented by the overcoming of courses, periods of practice, the curriculum exposure of the candidates, psychotechnical tests or the conduct of interviews. Medical examinations may also be required.

6. The selective systems of career officials shall be those of opposition and opposition which shall, in any event, include one or more tests to determine the capacity of the applicants and to establish the order of precedence.

Only by virtue of law may the system of competition, which consists solely of merit assessment, be applied on an exceptional basis.

7. The selective systems of fixed labour personnel shall be those of opposition, opposition, with the characteristics set out in the previous paragraph, or merit assessment contest.

Public Administrations will be able to negotiate the forms of collaboration that in the framework of collective agreements will set the action of the Trade Union Organizations in the development of the selective processes.

8. The selection bodies may not propose access to the status of an official of a higher number of approved places than those of places of call, except where the call itself so provides.

However, provided that the selection bodies have proposed the appointment of the same number of applicants as the number of places called, and in order to ensure their coverage, when there are resignations of the selected applicants, before their appointment or inauguration, the convening body may require the selection body to supplement the applicants who follow the proposed ones, for their possible appointment as officials. Race.

Article 62. Acquisition of the status of career officer.

1. The status of a career officer is acquired by successive compliance with the following requirements:

a) Superation of the selective process.

(b) Appointment by the competent body or authority, which shall be published in the Official Journal.

(c) Act of compliance with the Constitution and, where applicable, the Statute of Autonomy and the rest of the Legal Order.

d) Take possession within the deadline set.

2. For the purposes of paragraph (1) (b) above, no officials may be officials and the actions relating to those who do not credit, after the selective process, which meet the conditions and conditions required in the call.

CHAPTER II

Loss of service relationship

Article 63. Causes of loss of career official condition.

Are causes of loss of career official condition:

a) The waiver of the official status.

b) The loss of nationality.

c) The official's total retirement.

d) The disciplinary sanction of separation of the service that has a firm character.

e) The principal or ancillary penalty of absolute or special disablement for public office that has a firm character.

Article 64. Waiver.

1. The voluntary waiver of the status of an official shall be expressed in writing and shall be expressly accepted by the Administration, except as provided in the following paragraph.

2. The waiver may not be accepted when the official is subject to disciplinary proceedings or has been issued against him or her against a self-prosecution or an oral hearing by the commission of any crime.

3. The waiver of the status of official does not disable to re-enter the Public Administration through the established selection procedure.

Article 65. Loss of nationality.

The loss of Spanish nationality or that of any other Member State of the European Union or of those States to which, under International Treaties concluded by the European Union and ratified by Spain, the free movement of workers, which has been taken into account for the appointment, shall determine the loss of the status of an official unless the nationality of any of those States is acquired at the same time.

Article 66. Principal or accessory of absolute or special disablement for public office.

The principal or ancillary penalty of absolute disablement when you have acquired firmness the sentence that imposes it produces the loss of the status of an official in respect of all the jobs or positions you have.

The principal or ancillary penalty for special disablement when the judgment imposing the loss of the official's condition has been acquired in respect of those posts or posts specified in the statement.

Article 67. Retirement.

1. The retirement of officials may be:

a) Volunteer, at the request of the official.

b) Forzosa, when complying with the legally established age.

(c) By the declaration of permanent incapacity for the exercise of the functions proper to his body or scale, or by the recognition of a pension of absolute permanent incapacity or, total permanent incapacity in relation to exercise of the functions of your body or scale.

d) Partial. In accordance with paragraphs 2 and 4.

2. Voluntary retirement shall be taken, at the request of the person concerned, provided that the official fulfils the conditions and conditions laid down in the Social Security Scheme applicable to him.

By Law of the General Courts, exceptionally and in the framework of the planning of human resources, special conditions for voluntary and partial retirements may be established.

3. The compulsory retirement shall be declared ex officio when the official is satisfied for sixty-five years of age.

However, in the terms of the laws of the Civil Service that are dictated in the development of this Statute, it will be possible to request the extension of the stay in the active service as maximum until seventy years of age. The competent public administration shall, in a reasoned manner, give reasons for the acceptance or refusal of the extension.

Officials with specific state pension rules will be excluded from the provisions of the previous two paragraphs.

4. Partial retirement shall be taken, at the request of the person concerned, provided that the official fulfils the conditions and conditions laid down in the Social Security Scheme applicable to him.

Article 68. Rehabilitation of the status of official.

1. In the event of termination of the service relationship as a result of loss of nationality or permanent incapacity for service, the person concerned, once the objective cause is missing, may request the rehabilitation of your official status, which will be granted to you.

2. The governing bodies of the public authorities may grant, on an exceptional basis, the rehabilitation, at the request of the person concerned, of those who have lost the status of an official for having been sentenced to the main sentence or access to the offence, taking into account the circumstances and entity of the offence committed. If the time limit for the adoption of the decision has not been expressed, the application shall be deemed to be rejected.

TITLE V

Sort of professional activity

CHAPTER I

Human Resource Planning

Article 69. Planning objectives and instruments.

1. The planning of human resources in the Public Administrations will aim to contribute to the achievement of the effectiveness in the delivery of the services and the efficiency in the utilization of the available economic resources by the appropriate size of their staff, their best distribution, training, professional promotion and mobility.

2. Public administrations may approve plans for the management of their human resources, including, inter alia, some of the following measures:

(a) Analysis of the availability and needs of personnel, both from the point of view of the number of personnel, and from the professional profiles or qualification levels of the staff.

b) Forecasts on the systems of work organization and modifications of job structures.

(c) Mobility measures, including the suspension of additions of external staff to a particular scope or the call for tenders for the provision of limited posts to staff in areas which are determine.

(d) Measures of internal promotion and training of personnel and forced mobility in accordance with the provisions of Chapter III of this Title of this Statute.

e) The forecast of the incorporation of human resources through the Public Employment Offering, as set out in the following article.

3. Each Public Administration shall plan its human resources in accordance with the systems that lay down the rules applicable to them.

Article 70. Offer of public employment.

1. The human resources needs, with budgetary allocation, to be provided by the incorporation of new income staff will be the subject of the Public Employment Offer, or through another similar instrument of provision management. (a) the need for staff, which will entail the obligation to convene the relevant selective processes for the places involved and up to ten per cent additional, setting the maximum time limit for the call for them. In any event, the execution of the public employment offer or similar instrument shall be carried out within the term of three years.

2. The Public Employment Offer or similar instrument, which shall be approved annually by the Government bodies of the Public Administrations, shall be published in the Official Journal concerned.

3. The provision of public employment or similar instrument may contain measures arising from the planning of human resources.

Article 71. Personnel Records and Integrated Human Resources Management.

1. Each Public Administration shall constitute a Register in which the data relating to the staff referred to in Articles 2 and 5 of this Statute shall be entered and shall take account of the specificities of certain groups.

2. The Registers may also have the aggregated information on the remaining human resources of their respective public sector.

3. The common minimum content of the Staff Records and the criteria for the homogeneous exchange of information between Administrations will be established by means of a Sectoral Conference convention, with respect to the provisions of the personal data protection legislation.

4. The Public Administrations will promote the integrated management of human resources.

5. Where the Local Entities do not have sufficient financial or technical capacity, the General Administration of the State and the Autonomous Communities shall cooperate with them for the purposes referred to in this Article.

CHAPTER II

Structuring public employment

Article 72. Structuring of human resources.

In the framework of their self-organization competencies, the Public Administrations structure their human resources in accordance with the rules governing the selection, professional promotion, mobility and distribution of functions and as provided for in this Chapter.

Article 73. Job performance and pool.

1. Public employees are entitled to the performance of a job in accordance with the system of public employment structuring that establishes the laws for the development of this Statute.

2. Public Administrations may assign to their staff functions, tasks or responsibilities other than those corresponding to the job they perform, provided that they are appropriate to their classification, grade or category, when the service needs are justified without merit in the remuneration.

3. Jobs may be grouped according to their characteristics in order to order selection, training and mobility.

Article 74. Management of jobs.

The Public Administrations will structure their organization through relationships of jobs or other similar organizational instruments that will include, at least, the denomination of the posts, the groups of professional classification, the bodies or scales, where appropriate, to which they are attached, the provision systems and the supplementary remuneration. Such instruments shall be public.

Article 75. Bodies and scales.

1. Officials are grouped into bodies, scales, specialties, or other systems that incorporate competencies, capabilities, and common knowledge accredited through a selective process.

2. The bodies and scales of officials are created, modified and deleted by the Law of the General Courts or the Legislative Assemblies of the Autonomous Communities.

3. Where bodies and scales are referred to in this Law, any other grouping of officials shall also be understood.

Article 76. Professional classification groups of career civil servants.

The bodies and scales are classified according to the required qualification for access to the following groups:

Group A, divided into two Subgroups A1 and A2.

For access to the bodies or scales of this Group it will be required to be in possession of the undergraduate degree. In those cases where the law requires another university degree, it is the one that is taken into account.

The classification of the bodies and scales in each Subgroup will be based on the level of responsibility of the functions to be performed and the characteristics of the access tests.

Group B. For access to Group B bodies or scales, it will be required to be in possession of the title of Superior Technician.

Group C. Divided into two Subgroups, C1 and C2, according to the required titration for income.

C1: bachelor's or technician's degree.

C2: graduate degree in compulsory secondary education.

Article 77. Classification of work staff.

Labor personnel will be classified in accordance with labor law.

CHAPTER III

Provision of jobs and mobility

Article 78. Principles and procedures for the provision of positions of career civil servants.

1. Public administrations will provide the jobs through procedures based on the principles of equality, merit, capacity and advertising.

2. The provision of jobs in each Public Administration shall be carried out by means of the procedures of competition and of free designation with public convocation.

3. The laws of civil service which are laid down under this Statute may lay down other procedures for the provision of mobility referred to in Article 81.2, such as those between jobs, mobility on grounds of employment, of health or rehabilitation of the official, re-entry to the active service, cessation or removal in the jobs and removal of the same.

Article 79. Competition for the provision of the jobs of career civil servants.

1. The contest, as a normal procedure for the provision of jobs, shall consist of the assessment of the merits and abilities and, where appropriate, the skills of the candidates for technical college. The composition of these bodies will respond to the principle of professionalism and specialization of its members and will be adapted to the criterion of parity between women and men. Its functioning shall be in accordance with the rules of impartiality and objectivity.

2. The laws of civil service which are laid down under this Statute shall lay down the minimum period of employment of the posts obtained by means of participation in other competitions for the provision of jobs.

3. In the case of removal or removal of the posts obtained by contest, a job must be assigned in accordance with the professional career system of each public administration and with the inherent guarantees of such a system.

Article 80. Free designation with public call for career civil servants.

1. The free designation with public call is the discretion of the competent body for the suitability of the candidates in relation to the requirements for the performance of the post.

2. The Civil Service Laws which are established under this Statute shall lay down the criteria for determining posts which, for their particular responsibility and confidence, may be covered by the free designation procedure with public call.

3. The body responsible for the appointment may seek the intervention of specialists who can assess the suitability of the candidates.

4. The holders of the posts provided by the free designation procedure with a public call may be dismissed at their discretion. In the event of a cessation, they must be assigned a job in accordance with each public administration's own professional career system and with the inherent guarantees of such a system.

Article 81. Mobility of career civil servants.

1. Each Public Administration, within the framework of the general planning of its human resources, and without prejudice to the right of officials to mobility, may establish rules for the management of voluntary mobility of civil servants. public when it considers that there are priority sectors of public activity with specific needs for personnel.

2. Public administrations may, in a reasoned manner, transfer their officials, for service or functional needs, to units, departments or public bodies or entities other than those of their destination, in compliance with their remuneration, essential working conditions, by amending, where appropriate, the membership of the posts for which they are the holders. Where, for exceptional reasons, plans for the management of resources involve a change of place of residence, priority shall be given to the voluntary nature of transfers. Officials shall be entitled to the compensation provided for in regulation for forced removals.

3. In the event of an urgent and urgent need, the posts may be provided on a provisional basis and shall be published within the time limit laid down in the implementing rules.

Article 82. Mobility due to gender-based violence.

Women victims of gender-based violence who are forced to leave the job in the locality where they were providing their services, to make their protection effective or the right to comprehensive social assistance, they shall be entitled to transfer to another post of their own body, scale or professional category, of similar characteristics, without the need for a vacancy of necessary coverage. Even so, in such cases the competent public administration will be obliged to inform the public of the vacancies located in the same locality or in the localities that the interested person expressly requests.

This move will be considered as a forced move.

In actions and procedures related to gender-based violence, the privacy of victims, in particular, their personal data, those of their descendants and those of any person who is under his or her guardian, shall be protected. custody.

Article 83. Provision of jobs and mobility of labour staff.

The provision of jobs and the mobility of labour staff will be carried out in accordance with the provisions of the collective agreements which are applicable and, failing that, by the system of provision of posts and mobility of workers. career civil servant.

Article 84. Voluntary mobility between public administrations.

1. In order to achieve a better use of human resources, to ensure the effectiveness of the service provided to citizens, the General Administration of the State and the Autonomous Communities and the Local Authorities will establish inter-administrative mobility, preferably by means of a Sectoral Conference Convention or other instruments of collaboration.

2. The Sectoral Conference of Public Administration may approve the general criteria to be taken into account in order to carry out the necessary approvals to enable mobility

3. Career officials who are assigned to another Public Administration through the mobility procedures will be left with their Administration of origin in the administrative situation of service in other Public Administrations. In the case of termination or termination of the job, they shall remain in the Administration of destination, which shall assign them a post in accordance with the career systems and provision of positions in that Administration.

TITLE VI

Administrative situations

Article 85. Career officials ' administrative situations.

1. Career officials will be in one of the following situations:

a) Active service.

b) Special services.

c) Service in other Public Administrations.

d) Exceed.

e) Suspension of functions.

2. The laws of civil service which are laid down in the development of this Statute may regulate other administrative situations of career officials, in cases, under the conditions and with the effects specified therein, when concur, inter alia, with one of the following circumstances:

a) When for organizational reasons, internal restructuring or excess personnel, it is a transitory impossibility to assign a job or the convenience of encouraging cessation in the active service.

(b) Where officials agree, either by internal promotion or by other access systems, to other bodies or scales and do not correspond to them in any of the situations provided for in this Statute, and when they become available services in public sector bodies or entities other than that of a career official.

Such regulation, depending on the administrative situation in question, may entail guarantees of a remuneration or the imposition of rights or obligations in relation to the return to the active service.

Article 86. Active service.

1. Active duty shall be those who, in accordance with the rules of public service provided for in the development of this Statute, provide services in their capacity as public servants, whatever the Administration or the Agency. Public or entity in which they are intended and do not correspond to them in another situation.

2. Career civil servants in active service conditions enjoy all the rights inherent in their status as officials and are subject to the duties and responsibilities arising therefrom. They shall be governed by the rules of this Statute and by the rules of public service of the Public Administration in which they provide services.

Article 87. Special services.

1. Career officials shall be declared in a special service situation:

(a) Where members of the Government or governing bodies of the Autonomous Communities and Cities of Ceuta and Melilla are appointed, members of the institutions of the European Union or of International Organisations, or appointed senior officials of the aforementioned public administrations or institutions.

(b) Where they are authorised to carry out a mission for a given period of more than six months in International Bodies, Foreign Governments or Public Entities or in international cooperation programmes.

(c) When appointed to fill positions or positions in Public Bodies or entities, which are dependent or linked to Public Administrations, which, in accordance with the provisions of the respective Public Administration, are assimilated in their administrative range to senior positions.

(d) Where they are assigned to the services of the Constitutional Court or the Ombudsman or intended for the Court of Auditors in accordance with Article 93.3 of Law 7/1988 of 5 April 1988.

e) When accessing the status of Deputy or Senator of the General Courts, members of the Legislative Assemblies of the Autonomous Communities if they receive periodic remuneration for the performance of the function.

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

g) When appointed to be part of the General Council of the Judiciary or the Councils of Justice of the Autonomous Communities.

(h) When they are elected or appointed to be part of the Constitutional Organ or of the Statue of the Autonomous Communities or others whose election corresponds to the Congress of Deputies, the Senate or the Legislative assemblies of the Autonomous Communities.

(i) Where they are designated as possible personnel for holding positions with functions expressly qualified as trusted or political advice and do not choose to remain in the active service situation.

j) When they acquire the status of officials at the service of international organizations.

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

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

2. Persons who are in a situation of special services shall receive the remuneration of the post or post which they perform and not those which correspond to them as career officials, without prejudice to the right to receive the trienes which they have recognised at each moment. The time they remain in such a situation shall be computed for the purposes of promotions, recognition of trienes, internal promotion and rights in the social security system that apply to them. It shall not apply to civil servants who, having entered into the service of the European Community institutions, or to the institutions and bodies treated as such, exercise the right of transfer established in the Officials of the European Communities.

3. Persons who are in a situation of special services shall be entitled, at least, to re-enter the active service in the same locality, under the conditions and with the remuneration corresponding to the category, level or step of the career consolidated, in accordance with the system of administrative career in force in the Public Administration to which they belong. They shall also have the rights which each public administration may establish on the basis of the charge which has resulted from the transfer to the said situation. In this regard, the Public Administrations shall ensure that they do not prejudice the right to the professional career of civil servants who have been appointed as senior officials, members of the Judiciary or other constitutional bodies or Members of the General Courts and Members of the General Courts and Members of the Legislative Assemblies of the General Courts. Autonomous Communities. As a minimum, these officers will receive the same treatment in the consolidation of the degree and set of add-ons as will be established for those who have been Directors General and other senior positions of the corresponding Administration. Public.

4. The declaration of this situation shall in any case proceed, in the cases determined in the present Statute and in the laws of Civil Service that are dictated in its development.

Article 88. Service in other Public Administrations.

1. Career officials who, by virtue of the processes of transfer or by the procedures for the provision of jobs, obtain a destination in a different Public Administration, shall be declared in the service situation in other Member States. Public Administrations. They shall be kept in that situation if they are, by law of the Administration to which they agree, to be incorporated as their own personnel.

2. The officials transferred to the Autonomous Communities are fully integrated in the organization of the Civil Service, finding themselves in the situation of active service in the Civil Service of the Autonomous Community in which they are integrate.

The Autonomous Communities when they proceed to this integration of the officials transferred as their own officials, will respect the Group or Subgroup of the body or scale of provenance, as well as the economic rights inherent to the position in the career that they have recognised.

The transferred officials maintain all their rights in the Public Administration of origin as if they were in active service in accordance with the provisions of the respective Statutes of Autonomy.

Equality between all the self-employed of the Autonomous Communities is recognized, regardless of their administration of origin.

3. Career officials in the service situation in other public administrations who are in such a situation as having obtained a job through the provision systems provided for in this Statute are governed by the the legislation of the Administration in which they are intended effectively and retain their status as an official of the Administration of origin and the right to participate in the calls for the provision of jobs to be carried out by the latter. The time of service in the Public Administration in which they are intended will be computed as active duty on your body or scale of origin.

4. Officials returning to the active service in the home administration from the service situation in other public administrations will obtain the professional recognition of the progress achieved in the career system. professional and its effects on the remuneration position in accordance with the procedure laid down in the Sectoral Conference Conventions and other instruments of collaboration establishing measures for interadministrative mobility provided for in Article 84 of this Statute. In the absence of such conventions or instruments of collaboration, the recognition shall be carried out by the Public Administration in which the re-entry occurs.

Article 89. Excess.

1. The leave of absence of career officials may take the following forms:

a) Voluntary disclosure for particular interest.

b) Voluntary income by family grouping.

c) Care for family care.

d) Exceding for reason of gender-based violence.

2. Career officials may obtain voluntary leave of interest for particular interest when they have provided effective services in any of the Public Administrations for a minimum period of five years immediately preceding them.

However, the Civil Service Laws which are issued under this Statute may provide for a shorter duration of the period of service required for the career officer to apply for the exceed and determine the minimum periods of stay in the same.

The granting of voluntary leave of interest shall be subject to the duly substantiated needs of the service. It shall not be declared when the public official is instructed to disciplinary matters.

It will proceed to declare on its own initiative the voluntary leave of absence for particular interest when the cause that determined the pass to a situation other than that of the active service is completed, the obligation to apply for the re-entry to the active service within the time limit in which it is determined to be regulated.

Those who are in a situation of excess interest shall not be paid, nor shall they be computable for the time remaining in such a situation for the purposes of promotions, trienes and rights in the Social security to apply to them.

3. Voluntary leave may be granted by family grouping without the requirement to have provided effective services in any of the public administrations during the period laid down for officials whose spouse resides in another Member State. the location of the place where he has obtained and is acting as a career officer or as a fixed employment officer in any of the public administrations, public bodies and bodies governed by public law, or linked to them, in the Constitutional Organ or the Judiciary and similar organs of the Autonomous Communities, as well as in the European Union or in International Organisations.

Those who are in a situation of voluntary leave by family group shall not be paid, nor shall the time remaining in such a situation be computable for the purposes of promotions, trienes and rights in the scheme. of Social Security to be applicable to them.

4. Career officials shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, whether by nature or by adoption or permanent or pre-adoption, to be counted from the date of birth or, as the case may be, the judicial or administrative decision.

They shall also be entitled to a period of leave of absence of not more than three years, in order to attend to the care of a relative who is in charge, up to the second degree including consanguinity or affinity for reasons age, accident, disease or disability cannot be used by yourself and do not carry out paid activity.

The period of excess will be unique for each causative subject. When a new subject causing a new leave of absence, the beginning of the period of the same will end the one who has been enjoying himself.

In the event that two officials generate the right to enjoy it for the same deceased subject, the Administration may limit its simultaneous exercise for justified reasons related to the functioning of the services.

The length of stay in this situation will be computable for the purposes of triennial, career and rights in the social security system that is applicable. The job will be reserved for at least two years. After this period, the reserve shall be placed in the same locality and in equal pay.

Officials in this situation will be able to participate in the training courses called by the Administration.

5. Female victims of gender-based violence, in order to make their protection effective or their right to comprehensive social assistance, will be entitled to apply for the status of leave without having to have a minimum time of previous services and without the need for a stay in the same period.

During the first six months, they will be entitled to the reserve of the job they will perform, with this period being computable for the purposes of seniority, career and rights of the social security system that is applicable.

When legal proceedings so require, this period may be extended for a period of three months, with a maximum of eighteen months, with identical effects to those mentioned above, in order to guarantee the effectiveness of the right of protection of the victim.

During the first two months of this leave the official will be entitled to receive the full remuneration and, where appropriate, the family benefits for the child in charge.

Article 90. Suspension of functions.

1. The official declared in the situation of suspension shall be deprived during the time of his stay in the exercise of his duties and of all the rights inherent in the condition. The suspension shall determine the loss of the job when it exceeds six months.

2. The firm suspension shall be imposed on the basis of a judgment given in criminal proceedings or under disciplinary action. The final suspension for disciplinary action shall not exceed six years.

3. The official declared in the situation of suspension of duties shall not be able to provide services in any public administration or in the public bodies, agencies, or bodies governed by or linked to public law during the period compliance with the penalty or penalty.

4. The suspension of duties on a provisional basis may be agreed upon in the course of the processing of a judicial procedure or disciplinary case, in accordance with the terms laid down in this Statute.

Article 91. Reentry to the active service.

Regulations, procedures and conditions, according to the administrative situations of origin, will be regulated to request the return to the active service of the career officials, with respect to the right to the reservation of the post of work in cases where it comes under this Statute.

Article 92. Situations of work staff.

The workforce will be governed by the Workers ' Statute and the collective agreements that apply to them.

Collective agreements may determine the application of this Chapter to personnel within its scope in what is compatible with the Workers ' Statute.

TITLE VII

Disciplinary regime

Article 93. Disciplinary responsibility.

1. Public servants and labour staff are subject to the disciplinary regime set out in this Title and in the rules which the Civil Service Laws dictate in the course of this Statute.

2. Civil servants or labour personnel who reduce others to the conduct of acts or acts of disciplinary misconduct shall bear the same responsibility as these.

3. Public servants or employees who cover up serious or serious misconduct shall also be liable to liability where serious damage to the Administration or to the public is caused by such acts.

4. The disciplinary regime of the labour force shall be governed, as not provided for in this Title, by labour law.

Article 94. Exercise of disciplinary authority.

1. The Public Administrations shall, in a disciplinary manner, correct the infringements of the personnel to their service referred to in the previous article committed in the performance of their duties and charges, without prejudice to the property or criminal liability that could be derived from such infringements.

2. Disciplinary powers shall be exercised in accordance with the following principles:

(a) Principle of legality and typicality of faults and penalties, through pre-determination or, in the case of labour, collective agreements.

(b) Principle of non-retroactivity of the non-favourable sanctioning provisions and of the retroactivity of the favourable to the alleged infringer.

(c) Principle of proportionality, applicable both to the classification of infringements and penalties and to their application.

d) Principle of guilt.

e) Principle of presumption of innocence.

3. Where evidence of serious evidence of criminality arises from the instruction of a disciplinary procedure, the procedure shall be suspended by bringing it to the attention of the Prosecutor's Office.

Proven facts proven by firm court decisions bind the Administration.

Article 95. Disciplinary fouls.

1. Disciplinary faults can be very serious, severe and mild.

2. They're very serious fouls:

(a) Failure to respect the Constitution and the respective Statutes of Autonomy of the Autonomous Communities and Cities of Ceuta and Melilla, in the exercise of public service.

(b) Any action involving discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, language, opinion, place of birth or neighbourhood, sex or any other condition or personal or social circumstances, as well as harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and moral, sexual and sexual harassment.

c) Abandonment of the service, as well as not voluntarily taking over the tasks or functions that they are entrusted with.

d) The adoption of manifestly illegal agreements that cause serious harm to the Administration or to citizens.

e) The publication or improper use of the documentation or information to which they have or have had access by reason of their office or function.

(f) Negligence in the custody of official secrets, as declared by law or classified as such, that is the cause of their publication or which causes their dissemination or undue knowledge.

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

h) The violation of impartiality, using the powers conferred to influence electoral processes of any nature and scope.

i) Disobedience open to orders or instructions from a superior, unless they constitute a manifest infringement of the legal order.

j) The prevalence of the condition of public employee to obtain an undue benefit for themselves or for another.

k) The obstacles to the exercise of public freedoms and trade union rights.

l) The performance of acts aimed at the free exercise of the right to strike.

m) Failure to comply with the obligation to attend essential services in the event of a strike.

n) Failure to comply with the rules on incompatibilities when this results in an incompatibility situation.

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

o) Labor harassment.

p) It will also be very serious errors that are classified as such in the Law of the General Courts or the Legislative Assembly of the corresponding Autonomous Community or by collective agreements in the case of personnel. work.

3. Serious misconduct shall be established by Law of the General Courts or the Legislative Assembly of the corresponding Autonomous Community or by collective agreements in the case of labor personnel, taking into account the following circumstances:

(a) The extent to which the legality has been infringed.

b) The severity of damages caused to the public interest, assets or assets of the Administration or citizens.

c) Discredit to the public image of the Administration.

4. The laws of civil service which are laid down in this Statute shall lay down the rules applicable to minor offences, in the light of previous circumstances.

Article 96. Penalties.

1. The following penalties may be imposed for reasons of misconduct:

(a) Separation of the service of the officials, which in the case of the interim officials will lead to the revocation of his appointment, and which can only sanction the commission of very serious faults.

b) Disciplinary dismissal of the workforce, who can only sanction the commission of very serious misconduct and will conduct the disablement to be the holder of a new contract of work with functions similar to those they performed.

(c) Firm suspension of duties, or of employment and salary in the case of staff, with a maximum duration of 6 years.

d) Forced transfer, with or without change of residence, for the period in each case established.

e) Demerit, which will consist of penalty for career, promotion or voluntary mobility.

f) Perception.

g) Any other that is set by Law.

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 serious misconduct is declared inadmissible.

3. The scope of each sanction shall be established taking into account the degree of intentionality, carelessness or negligence that is disclosed in the conduct, the damage to the public interest, the reiteration or reoffending, as well as the degree of participation.

Article 97. Prescription of faults and penalties.

Very serious infractions will be prescribed at age 3, severe to 2 years and mild to 6 months; penalties imposed for very serious misconduct will be prescribed at 3 years, those imposed for serious misconduct at 2 years and the imposed for minor faults per year.

The limitation period will begin to be counted after the failure has been committed, and since the cessation of its commission in the case of continued failures.

That of sanctions, from the firmness of the sanctioning resolution.

Article 98 Disciplinary proceedings and interim measures.

1. No penalty may be imposed by the commission for very serious or serious misconduct but through the procedure previously established.

The imposition of penalties for minor faults will be carried out by summary procedure with the interested party.

2. The disciplinary procedure laid down in the development of this Statute shall be structured in accordance with the principles of effectiveness, speed and procedural economy, with full respect for the rights and guarantees of defence of the alleged responsible.

In the procedure, due separation between the instructional and sanctioning phase will be established, being entrusted to different organs.

3. Where provided for in the rules governing sanctioning procedures, measures of a provisional nature may be adopted by means of a reasoned resolution ensuring the effectiveness of the final decision which may be made.

The provisional suspension as a precautionary measure in the processing of a disciplinary file may not exceed 6 months, except in the event of a cessation of the procedure attributable to the person concerned. The provisional suspension may also be agreed during the processing of a judicial procedure, and the provisional imprisonment or other measures decreed by the judge to determine the impossibility of the The job is to be performed. In this case, if the provisional suspension exceeded six months, it will not result in loss of the job.

The provisional suspended official shall be entitled to receive during the suspension the basic remuneration and, where applicable, the family benefits for the child in charge.

4. Where the provisional suspension is finally lifted, the official shall return what is perceived during the duration of the suspension. If the provisional suspension is not to become a final sanction, the Administration shall give the official the difference between the actual assets and those which he would have received if he had been found to be fully rights.

Interim suspension time will be paid for compliance with the firm suspension.

When the suspension is not declared firm, the duration of the suspension will be computed as an active service, with the immediate reinstatement of the official to his job, with the recognition of all the economic and other rights that have been granted since the date of suspension.

TITLE VIII

Cooperation between Public Administrations

Article 99. Relations of cooperation between public administrations.

Public Administrations shall act and relate to each other in the matters covered by this Statute in accordance with the principles of cooperation and collaboration, while respecting, in any event, the legitimate exercise of the other Administrations of their competencies.

Article 100. Cooperation bodies.

1. The Sectoral Conference of Public Administration, as an organ of cooperation in the field of public administration of the General Administration of the State, of the Administrations of the Autonomous Communities, of the Cities of Ceuta and Melilla, and of the Local administration, whose representatives will be appointed by the Spanish Federation of Municipalities and Provinces, as an association of local state entities with greater implementation, without prejudice to the competition of other conferences Sectoral or equivalent bodies, shall take account of their operation and organisation established in the current legislation on the legal status of public administrations.

2. The Public Employment Coordination Commission is hereby established as a technical and working organ of the Sectoral Conference of Public Administration. In this Commission the coordination of personnel policy will be effective between the General Administration of the State, the Administrations of the Autonomous Communities and the Cities of Ceuta and Melilla, and the local and concrete entities corresponds:

(a) Promote the necessary actions to ensure the effectiveness of constitutional principles in access to public employment.

b) To study and analyze the projects of basic legislation on public employment, as well as to issue a report on any other normative project that the Public Administrations present to it.

c) Develop studies and reports on public employment. These studies and reports will be sent to the Trade Union Organizations present at the General Negotiation Table of the Public Administrations.

3. The Commission for the Coordination of Public Employment is composed of the heads of the executive bodies of the human resources policy of the General Administration of the State, the Administrations of the Autonomous Communities and the Cities of Ceuta and Melilla, and the representatives of the Local Administration designated by the Spanish Federation of Municipalities and Provinces, as an association of local state entities with greater implementation, in terms to be determined regulations, after consultation with the Autonomous Communities.

4. The Public Employment Coordination Commission shall draw up its own rules for organisation and operation.

additional Provision First. Specific scope of application.

The principles contained in Articles 52, 53, 54, 55 and 59 shall apply in the State, regional and local public sector entities, which are not included in Article 2 of this Statute and are defined in this way. in its specific regulations.

additional Provision Second. Officials with state rating.

1. Public Functions in Local Corporations:

1.1 These are public functions, the fulfilment of which is reserved exclusively for officials, those involving the exercise of authority, those of public faith and legal advice, those of internal control and control of the economic and financial management, accounting and treasury management.

1.2 Are required public functions in all local Corporations, whose administrative responsibility is reserved for state-enabled officials:

a) Secretary, understanding of public faith and mandatory legal advice.

b) The internal control and control of economic and financial management and budgetary management, and accounting, treasury and collection.

2. The scale of state-rating officials is subdivided into the following subscales:

a) The Secretariat to which the functions contained in section 1.2.a) correspond.

b) The cash-flow to which the functions referred to in paragraph 1.2.b correspond.

(c) Secretariat-intervention to which the functions set out in paragraphs 1.2.a) and 1.2.b correspond), except for the treasury function.

Officials of the secretarial and interventional-treasury subscales will be integrated into one of these two categories: entry or higher.

3. The creation, classification and deletion of jobs reserved for state-qualified officials is for each Autonomous Community, in accordance with the basic criteria laid down by law.

4. The call for the offer of employment, with the aim of covering the existing vacancies of the places corresponding to the officials referred to in paragraph 1.2, corresponds to the Autonomous Communities. The selection of such officials is also a matter for the Autonomous Communities, in accordance with the required academic qualifications and minimum programmes approved by the Ministry of Public Administration. The Autonomous Communities shall publish the calls for the selective testing of the officials with a state rating in their Official Diaries and shall forward them to the Ministry of Public Administration for publication in the Official Journal of the European Communities. Official State Gazette.

The Autonomous Communities shall transmit the list of officials appointed by them to the Ministry of Public Administrations, so that the Ministry of Public Administration may prove the state rating obtained and their registration in the corresponding record.

For these purposes, the Ministry of Public Administration shall have a register of officials with a state rating in which the appointments made by the Autonomous Communities must be registered, administrative situations, takes of possession, cessation, and any number of incidents affecting the professional career of such officials. This register shall integrate the entries in the own registers of the Autonomous Communities.

Officials are entitled to participate in the merit contests called for the provision of the reserved jobs to these officials in the premises of the Local Entities.

5. Provision of reserved posts to officials with state-level enablement.

5.1 The competition will be the normal system for the provision of jobs and in it the general merits, the merits corresponding to the knowledge of the specialties of the territorial organization of each one will be taken into account The Autonomous Community and its own right, the knowledge of the official language in the terms provided for in the respective autonomic legislation, and the specific merits directly related to the characteristics of the position.

There will be two annual contests: the ordinary contest and the unit contest.

The Autonomous Communities in their territorial scope shall regulate the common bases of the ordinary contest as well as the percentage of the score corresponding to each of the merits listed above.

Local corporations will approve the annual regular competition with the inclusion of vacant positions that they consider necessary to convene. The territorial scope of the ordinary contest shall be that of the Autonomous Community to which the local Corporation belongs.

The Presidents of the Local Corporations shall hold the calls for the ordinary contest and shall forward them to the corresponding Autonomous Community for publication. The decisions of the competitions shall be carried out by the Local Corporations and shall be forwarded to the respective Autonomous Community, who, after coordination thereof, in order to avoid the simultaneous plurality of awards in favour of the same He will publish in his Official Journal, giving the same to the Ministry of Public Administrations for publication in the "Official Gazette of the State" and for his inclusion in the registration of officials with qualifications. of a state nature.

The Ministry of Public Administrations will make, in an extra capacity, according to the general merits and the autonomic valuation and in accordance with the provisions established by the Autonomous Communities in respect of the language, the annual call for a unit contest for vacant posts, reserved for officials with a state rating to be provided by tender, in terms of the rules laid down by the Ministry of Public Administrations.

The territorial scope of the unit contest shall be state-wise.

5.2 Exceptionally, for the municipalities of large population provided for in Article 121 of Law 7/1985, as well as Provincial Diputations, Cabildos and Insular Councils, may be covered by the system of free designation, between officials with a state rating of the sub-scale and category concerned, the posts to which they are reserved to be determined in the relations of employment in the terms provided for in the basic legislation on function public.

5.3 The Autonomous Communities shall make, in accordance with their rules, provisional appointments of officials with a state rating, as well as the commissions of services, accumulations, appointments of staff and accidental personnel.

6. The disciplinary regime applicable to officials with a state rating shall be governed by the provisions of each Autonomous Community, corresponding to the Ministry of Public Administration with the decision of the disciplinary proceedings in which the official is destined in a Community other than that in which the file was opened.

7. Officials with a state rating shall be governed by the systems of access, career, provision of posts and grouping of officials applicable in their respective Autonomous Community, respecting the provisions of this Law.

Additional Provision Third. Application of the provisions of this Statute to the Foral Institutions.

1. This Statute shall apply to the Autonomous Community of Navarre in the terms laid down in Article 149.1.18. and the first provision of the Constitution, and in the Organic Law 13/1982 of 10 August Reintegration and Improvement of the Foral Regime of Navarra.

2. In the field of the Autonomous Community of the Basque Country, this Statute shall be applied in accordance with the first provision of the Constitution, with Article 149.1.18. of the Constitution and with the Organic Law 3/1979 of 18 December. approving the Statute of Autonomy for the Basque Country. The powers provided for in the second provision in respect of officials with a state rating shall be held by the formal institutions of their historical territories or by the Community's common institutions. Autonomous, in terms that you set the autonomic regulations.

Additional Provision Fourth. Public officials of the cities of Ceuta and Melilla.

1. The public officials of the cities of Ceuta and Melilla are governed by the provisions of this Statute, by the rules of a regulatory nature that in their development can approve their Assemblies in the framework of their by the rules which the State may issue in its development and by the Law on the Civil Service of the General Administration of the State.

2. Within the framework of the previous number, the Ceuta and Melilla Assemblies will also have the following functions:

a) The establishment, modification and deletion of Scales, Subscales and classes of officials, and the classification of such.

b) Approval of job templates and relationships.

(c) The regulation of the procedure for the provision of management posts and their stay and cessation arrangements.

d) Determination of minor disciplinary offences and penalties.

3. The transferred officials shall be governed by the Civil Service Act of the General Administration of the State and its implementing rules. However, they may be integrated as city officials of the city to which they have been transferred, remaining in the administrative situation of service in other public administrations.

Additional Provision Fifth. Application of this Statute to regulatory bodies.

The provisions of this Statute shall apply to the regulatory bodies of the additional provision of the 10th, 1st of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State in the expected form in its creation laws.

additional Provision Sixth. Retirement of officials.

The government will present in the Congress of Deputies a study on the different pension access regimes for officials that will contain, among other aspects, recommendations to ensure non-discrimination between collectives with similar characteristics and the desirability of extending the possibility of access to early retirement of certain groups.

Additional Provision Seventh. Other professional groupings without qualification requirements.

1. In addition to the qualifying groups provided for in Article 76 of this Statute, public administrations may establish other groupings other than those set out above, for which access is not required to be in possession of none of the qualifications provided for in the education system.

2. Officials who belong to such groups when they meet the required qualifications may promote in accordance with Article 18 of the Staff Regulations.

additional Provision Eighth. Equality plans.

1. Public administrations are obliged to respect equal treatment and equal opportunities in the field of work and, for this purpose, must take measures to prevent any type of discrimination between women and men.

2. Without prejudice to the above paragraph, the Public Administrations shall draw up and implement an equality plan to be developed in the collective agreement or working conditions agreement of the official staff that is applicable, in the terms provided for in the same.

additional Provision Ninth.

Career officials will be guaranteed the economic rights achieved or recognized in the framework of professional career systems established by the laws of each public administration.

Additional Provision Tenth.

The professional career of the career officials shall be initiated in the grade, level, category, step and other similar concepts corresponding to the place initially assigned to the official after exceeding the corresponding selective process, which will have the consideration of minima. From those, promotions will be produced according to the applicable race mode in each scope.

additional Provision 11th. Scope of application of Article 87.3.

The staff referred to in Article 4 of this Staff Regulations, who are declared in special services or in the same administrative situation, shall be entitled to the rights set out in Article 87.3 of this Statute to the extent of that such application is compatible with the provisions of its specific legislation.

Transient Arrangement First. Guarantee of payment entitlements.

1. The development of this Statute may not entail for the staff included in its scope, the reduction in the amount of the economic rights and other remuneration benefits inherent in the career system in force for the at the time of their entry into force, whatever the administrative situation they are in.

2. If the staff included in the scope of this Staff Regulations are not in the active service situation, they shall be recognised as having the economic rights and the remuneration to which the preceding paragraph is referred to. the time when the active service is reentered.

Transient Disposition Second. Fixed labour staff who perform functions or positions classified as their own official staff.

The labour force has established that, at the entry into force of this Statute, it is carrying out official staff duties, or will be able to perform them by virtue of selection or promotion tests convened before that date, continue to perform them.

You may also participate in the selective internal promotion processes called by the competition system, independently or jointly with the selective free concurrency processes, in those Bodies and Scales to which the functions or posts which he carries are attached, provided that he has the necessary qualifications and meets the other requirements required, assessing for these purposes as merit the effective services provided as staff fixed labor and the selective tests exceeded to access this condition.

Transient Disposition Third. Entry into force of the new professional classification.

1. Until the introduction of the new university degrees referred to in Article 76 has been introduced, the official university degrees in force for the entry into force of the university will continue to be valid for access to the public service. Statute.

2. Transiently, the classification groups existing for the entry into force of this Statute shall be integrated into the professional classification groups of officials referred to in Article 76, in accordance with the following equivalences:

-Group A: Subgroup A1

-Group B: Subgroup A2

-Group C: C1 Subgroup

-Group D: C2 Subgroup

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

3. The officials of the C1 Subgroup who meet the required qualifications may promote Group A without having to go through the new Group B, in accordance with Article 18 of this Statute.

Transient Disposition Fourth. Temporary job consolidation.

1. Public administrations may issue calls for consolidation of employment to posts or places of a structural nature corresponding to their different bodies, scales or categories, which are budgeted and are performed temporarily or temporarily before 1 January 2005.

2. Selective processes shall ensure compliance with the principles of equality, merit, capacity and publicity.

3. The content of the tests shall relate to the usual procedures, tasks and functions of the posts covered by each call. At the competition stage, it may be possible to assess, among other merits, the time of services provided in the public administrations and the experience of the positions covered by the call.

The selective processes shall be carried out in accordance with Article 61 (1) and (3) of this Statute.

Transient Disposition Fifth. General Electoral Procedure.

As long as the general electoral procedure provided for in Article 39 of this Statute is determined, the following articles of Law 9/1987, of 12 June, of organs of representation, determination of working conditions and participation of staff in the service of Public Administrations: 13.2, 13.3, 13.4, 13.5, 13.6, 15, 16, 17, 18, 19, 20, 21, 25, 26, 27, 28 and 29.

Transient Disposition Sixth. Extension of paternity leave.

The public authorities will gradually and gradually extend the duration of the paternity leave provided for in Article 49 (c) until the end of the four-week period of this permit at the end of the six-year period. the entry into force of this Statute.

Transient Disposition Seventh. Officials with state rating.

As long as the rules for the development of the Second Additional Provision of this Statute are not adopted, on the legal regime of the officials with state-level enablement, the provisions that in the They are currently regulated by the Local Government Administration of Local Government with a national rating, which will be understood as referring to the State-run Civil Servants Scale.

transient Provision Eighth. Official staff of teaching centres dependent on other administrations.

When they have been incorporated, prior to the entry into force of the Organic Law, 2/2006, of May 3, of Education, or are incorporated during the first three years of its application, centers previously dependent on any Public administration to the networks of educational institutions dependent on educational administrations, the teaching staff who have the status of an official and who provide their services in these schools may be integrated into the teaching bodies to which they are refers to the Organic Law of Education as long as they have the required qualification for income in the respective bodies or the one that at the time of its entry into the public administration of origin was required for the entrance to the state-wide teaching bodies.

These officers will be ordered in the body in which they are integrated respecting the date of appointment as officials of the Administration of provenance and will continue to perform the destinations assigned to them at the time of the appointment. their integration and shall henceforth be subject to the rules on the provision of posts for teaching staff.

Unique Repeal Provision.

The following provisions shall be repealed with the scope laid down in the fourth final provision:

(a) Of the Law of Civil Servants of the State approved by Decree 315/1964 of 7 February 1964, Articles 1, 2, 3, 4, 5.2, 7, 29, 30, 36, 37, 38, 39.2, 40, 41, 42, 44, 47, 48, 49, 50, 59, 60, 61, 63, 64, 65, 68, 71, 76, 77, 78, 79, 80, 87, 89, 90, 91, 92, 93, 102, 104 and 105.

b) Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, Articles 3.2.e and (f); 6; 7; 8; 11; 12; 13.2, 3 and 4; 14.4 and 5; 16; 17; 18.1 to 5; 19.1 and 3; 20.1, (a) (b), first subparagraph, (c), (e) and (g) thereof. (i), 2 and 3; 21; 22.1 with the exception of the last two paragraphs; 23; 24; 25; 26; 29, with the exception of the last paragraph of paragraphs 5, 6 and 7; 30.3 and 5; 31; 32; 33; third, second and third provisions, fourth twelfth and fifteenth, transitional provisions second, eighth and ninth.

(c) Law 9/1987 of 12 June, of organs of representation, determination of working conditions and participation of staff in the service of public administrations except Article 7 thereof and with the exception provided for in the fifth transitional provision of this Statute.

(d) Law 17/1993 of 23 December on incorporation into the Spanish civil service of nationals of other Member States of the European Union.

e) Of Law 7/1985, of April 2, regulating the bases of the Local Regime, Article 92 and Chapter III of Title VII.

(f) Of Royal Legislative Decree 781/1986, of 18 April, Text recast of the laws in force in the field of Local Regime, Chapter III of Title VII.

g) All rules of equal or lower rank that contradict or oppose the provisions of this Statute.

final Disposal First. Competency enablement.

The provisions of this Statute are dictated by Article 149.1.18. of the Constitution, constituting the basis of the statutory regime of civil servants; under Article 149.1.7. of the Constitution, Article 149.1.13 of the Constitution, bases and coordination of the general planning of economic activity.

final Disposal Second.

The provisions of this Law apply to all Autonomous Communities, respecting in any case the singular positions in matters of the institutional system and the exclusive and shared competences in matters of function public and self-organization that attribute to them the respective Statutes of Autonomy, within the framework of the Constitution.

third Final Disposal. Amendment of Law 53/1984, of December 26, of incompatibilities of staff to the service of Public Administrations.

1. Article 2 (1) (a) and (g) shall be amended as follows

" (a) Civilian and military personnel at the service of the State Administration and its Public Bodies.

g) Personnel serving entities, public law corporations, foundations and consortia whose budgets are normally allocated by more than 50% with grants or other income from the Public Administrations. '

2. Article 16 (1) is amended, which is worded as follows:

" No official staff, staff and staff shall be authorised or recognised as being compatible with any additional remuneration which they are entitled to receive from Article 24 (b) of this Regulation. Statute includes the incompatibility factor to the duty paid and to the management staff, including the subject to the special high-address employment relationship. "

fourth Final Disposal. Entry into force.

1. This Statute shall enter into force within one month of its publication in the Official Gazette of the State.

2. By way of derogation from Chapters II and III of Title III, except Article 25.2, and in Chapter III of Title V, it shall have effect from the entry into force of the laws of the Civil Service which are in force in the course of the Statute.

Final provision third 2 of this Statute shall have effect on each public administration as from the entry into force of Chapter III of Title III with the approval of the Civil Service Laws of the Public administrations to be given the development of this Statute. Until such cases are made effective the authorisation or refusal of compatibility will continue to be governed by the current rules.

3. Until the laws of the Civil Service are handed down and the regulations of development will be maintained in each Public Administration the existing rules on management, planning and management of human resources will not be opposed to the established in this Statute.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 12 April 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO