Despite the special importance for the advancement and consolidation of our public health system to have the training of specialists through the residence system, the working relationship of the residents has lacked in Spain for specific regulation since the ministerial orders of 3 September 1969 and 28 July 1971 will create the figures of internal and resident doctors, establishing a contractual relationship of work character with the Health institutions of Social Security.

Law 44/2003, of 21 November, of management of the health professions, notes that the regulation of the relationship between the resident and the teaching holders in their job is basically based on the In the case of an individual contract of employment and, both in its Article 20.3.f) and in its first provision, it orders the Government to approve a royal decree governing the special employment relationship of such staff, establishing for the first time a general and homogeneous framework for all staff, regardless of the centre which is responsibility for their training. This will ensure that the implementation and implementation of the training programmes on similar terms throughout the State corresponds to a logical regime of rights and duties common to all residents. The Community rules of procedure, in particular Council Directive 93 /16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and certificates, have also been taken into account. and other titles, and Directive 2003 /88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time.

For this purpose, in accordance with the provisions of Article 11.4 of Law 55/2003 of 16 December 2003, of the Staff Regulations of the Staff Regulations of the Health Services, the Ministry of Health and Consumer Affairs the corresponding area of negotiation with participation of the trade union organizations present in the Framework Forum for Social Dialogue, in order to address the aspects related to the special employment relationship of residence that constitutes the object of this royal decree, having produced a wide participation that has allowed the incorporation into the regulation of a good part of the proposals made by these trade union organizations specific to the health field.

in the elaboration of this royal decree, the health administrations of the autonomous communities have participated extensively, highlighting in this respect the agreement that was adopted unanimously in the plenary session of the Commission of Human Resources held on 21 November 2005, for which a common remuneration framework was adopted for all residents, however, allowing for the health services and other incumbent entities, within their powers, and in accordance with the regulatory sources of the employment relationship of a special nature, they may establish specific differences more appropriate to their own health policies. Also involved are the collective organisations of those areas whose professionals are formed by means of the residence procedure.

This royal decree is structured into three chapters, seven additional provisions, four transitional provisions, one single repeal and two endings.

Chapter I determines its object and scope, as well as the source system.

Chapter II, relating to the contract, lays down, inter alia, the duration of the contract, the rights and duties of the parties, including the provisions relating to working time, the remuneration system, and to the suspension and termination of the contract.

Chapter III, finally, contains the provisions concerning the disciplinary regime.

Additional provisions regulate in a new way aspects relating to staff with disabilities, as well as special conditions for comprehensive protection against gender-based violence.

Likewise, when considering that the objective of this employment relationship is to obtain the title of specialist through the improvement of a training program, a special organization of working time is also foreseen which, in some cases, will allow the resident staff to reconcile family and work life without making use of the reduction of the day or the suspension of the contract, since these situations make it impossible to carry out a complete training course in period annual.

Finally, specific rules for certain medical specialties are included and the procedure for the review of annual and final evaluations is regulated.

In the transitional arrangements, the progressive implementation of the working time regime and the new remuneration system is foreseen, specific rules for nursing specialties are established and the maintenance of the more beneficial conditions that could come with you.

In the drafting of this royal decree, the most representative trade union organizations and business associations, as well as the National Council of Medical Specialties, have been consulted. Nursing and the National Council of Pharmaceutical Specializations.

This royal decree is issued in accordance with the additional provision of the first provision of Law 44/2003 of 21 November, in conjunction with Article 2.1.i) of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March.

Under its virtue, on a joint proposal of the Ministers of Labour and Social Affairs and of Health and Consumer Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 6 October 2006,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object, scope, and sources.

1. The purpose of this royal decree is to regulate the employment relationship of a special residence for the training of specialists in health sciences, in accordance with the provisions of Article 20.3.f. Law 44/2003, of 21 November, for the Management of Health Professions.

2. It shall apply to university graduates who, after taking part in the annual national call for selective testing, have agreed to a place in an accredited educational centre or unit for the development of a programme of training in Health Sciences, through the residence system provided for in Article 20 of Law 44/2003 of 21 November, for the purpose of obtaining the title of specialist, and for whose services as workers they will receive the legally established remuneration.

It will also be applicable to specialists in health sciences who, in accordance with the provisions of Article 23 of the Law, are subject to a new speciality, and to those who, under Article 25, have access to training for the obtaining the Specific Training Area Diploma, by the residence system.

3. It shall apply throughout the territory of the State, regardless of the ownership, public or private, of the sanitary establishments in which the accredited teaching centers or units are located for the training of specialists in science of Health.

4. The rights and obligations concerning the employment relationship of a special character of residence will be regulated by this royal decree and, in an extra capacity, by the recast text of the Law of the Workers ' Statute, approved by Royal Decree The Commission will be able to take the necessary measures to ensure that the Commission's work is carried out in accordance with the conditions laid down in the Treaty, and that it is necessary for the Commission to take the necessary measures. conditions less favourable to the worker or contrary to those laid down in the legal provisions and collective agreements referred to above.

CHAPTER II

Of The Contract

Article 2. Form, content, and effectiveness of the contract.

1. The contract of employment shall be concluded in writing between the resident, in his capacity as a worker, and the entity holding the accredited teaching unit to provide the training, in his or her employer's or employer's condition.

2. In the contract, which shall be formalised by quadrupling, the following shall be included at least:

a) The identity of the parties that subscribe to it.

b) The company's registered office.

c) The teaching unit where the training program and the center to which it belongs, or, where appropriate, the devices that integrate it, will be developed. If the accreditation of the same is provided for in the rotation by more than one centre, this circumstance shall be stated.

d) The call in which the resident has obtained the square.

e) The date of the beginning of the employment relationship and its duration.

f) The resident's university degree and the training program to be cured.

g) The amounts of your remuneration.

h) The workday.

i) The length of vacation and the mode for attribution and determination.

j) The collective agreement that, where applicable, is applicable.

3. The contract shall be incorporated into the proceedings of the renewals which correspond in each case according to the duration of the training programme of the speciality.

4. Prior to the completion of the contract, each resident shall undergo a medical examination to check that he is not suffering from illness or is affected by any limitation, physical or mental, which is incompatible with the professional activities required by him. corresponding training programme. The contract shall be without effect if, in accordance with the procedure laid down in the call for which the resident obtained the place, the failure to comply with that medical examination shall be resolved.

Article 3. Duration of the contract.

1. The duration of the contract shall be one year, renewable for equal periods for the duration of its training programme, provided that, at the end of each year, the resident has been positively assessed by the Committee for the Evaluation of the Specialty corresponding.

2. In the cases referred to in Article 11.2, the duration of the new contract may be lower than the year, taking place for the time required to complete the course which was interrupted.

3. Where the resident obtains an annual negative assessment for failure to achieve the stated training objectives, but the Evaluation Committee considers that it can be achieved through a specific and scheduled recovery plan, the contract will be extended for the duration of the plan, which must be carried out within the first three months of the following year in conjunction with its own activities, being subject to the extension for the remaining nine months to the result of the assessment of recovery.

This recovery extension will also be authorised, after the last year of residence, if the evaluation committee considers recovery by such a plan as possible.

4. Where the negative assessment is due to the impossibility of the provision of services exceeding 25% of the annual working day as a result of the suspension of the contract or other legal causes, the extension of the contract shall be authorized by the time required to complete the training period or its full repetition, following a report from the relevant teaching committee. The repeat proposal will be resolved by the Ministry of Health and Consumer Affairs.

5. In this employment relationship of a special nature of residence, no probationary period may be established.

Article 4. Rights and duties.

In addition to those established in general in the Workers ' Statute, residents will have the following specific rights and duties:

1. Rights:

a) To know the training program of the specialty to whose title it aspires, as well as, if necessary, the individual adaptations.

(b) The appointment of a guardian who will assist you in the course of the activities envisaged in the training programme.

c) To receive, through a programmed, tutored and evaluated professional practice, a theoretical-practical training that allows it to progressively achieve the necessary knowledge and professional responsibility for the exercise self-employed, by means of their integration into the care, ordinary and emergency activities of the centre.

d) To be informed of the functions, tasks, tasks, functional programming and objectives assigned to its unit, center or institution, and of the systems established for the assessment of compliance.

e) To exercise their profession and develop their own activities with a progressive level of responsibility as the training program progresses.

f) To know which staff members are present in the unit in which the resident is providing services and to consult them and ask for their support when they consider it necessary, without this being able to imply the refusal of assistance or abandonment of your position.

g) To participate in teaching, research, care and clinical management activities in which the accredited unit is involved.

h) When recording their activities in the resident's book.

i) A that the continuous, annual and final evaluation of their learning is carried out with the utmost objectivity.

(j) The extension of the training over time and under the conditions set out in paragraphs 3 and 4 of the previous article.

k) A review of the annual and final evaluations performed according to the procedure that is regulated in this royal decree.

l) To be represented, in the terms established by the legislation in force, in the National Specialty Commission and in the teaching commissions of the centers.

m) To evaluate the adequacy of the organization and the functioning of the center to the teaching activity, with the guarantee of the confidentiality of this information.

n) To receive assistance and protection from the teaching entity or health services in the exercise of their profession or in the performance of their duties.

n) To have the same occupational health protection as the rest of the workers of the entity in which it provides services.

or) Not to be dispossessed of your square if it is not for any of the causes of extinction foreseen in this royal decree or other legally intended causes.

2. Duties:

a) Carry out the entire training program with full-time dedication, without reconciling it with any other activity in the terms set out in Article 20.3.a) of Law 44/2003.

b) Forming following the instructions of his tutor and the staff and of the unipersonal and collegiate bodies of management and teachers who, in coordination, are responsible for the proper functioning of the centre and for the development of the training program for the corresponding specialty.

c) Know and comply with the applicable regulations and operating rules in the institutions that make up the teaching unit, especially as regards the rights of the patient.

d) To personally provide services and to carry out the assistance tasks set by the relevant training programme and the functional organisation of the centre in order to acquire the professional competence for the and also contribute to the health institution's own purposes.

e) rationally use resources for the benefit of the patient and avoid their illegitimate use for their own benefit or for third parties.

Article 5. Workday and breaks.

1. The working time and rest arrangements of the resident staff shall be those established in the field of the respective health services, with the following peculiarities:

(a) The ordinary working day shall be determined by collective agreement. In its absence, it shall be established, by means of rules, covenants or agreements, for the statutory staff of the specialty that the resident is pursuing in each health service.

In any case, the maximum duration of the ordinary day may not exceed the weekly average of 37.5 hours in a six-month period, unless another computation is established by agreement or agreement.

(b) Between the end of a day and the beginning of the next day, at least one continuous 12-hour rest period shall be mediated.

In any case, after 24 hours of uninterrupted work, either of an ordinary day that would have been established exceptionally, either of a complementary day, or of joint times of both, the resident will have a continuous rest of 12 hours, except in cases of special training interest according to the criteria of its guardian or in cases of insurmountable organizational problems. In these cases, the system of alternative breaks provided for in Law 55/2003 of 16 December 2003 of the Staff Regulations of Health Services Staff Regulations shall apply.

(c) The resident shall be obliged exclusively to carry out the hours of additional working day that the training program establishes for the corresponding course. In any case, you will not be able to perform more than seven guards per month.

2. The working day will ensure the fulfilment of the training programmes.

Within the organisational and functional possibilities of each centre, it will be possible to arrange for the working time of the residents so that the organisation of working time does not impair their training.

3. Contracts for the work of part-time staff may not be concluded.

Article 6. Parties, permits and holidays.

1. Resident staff shall enjoy the parties, permits and holidays in accordance with Article 37 (2), (3), (4), (4a), (5), (6) and (7) and (38) of the Staff Regulations.

2. Residents who provide services to the National Health System-dependent teaching holders will also enjoy the same days of free disposal as the statutory staff of each health service.

3. The enjoyment of the annual paid leave and residents ' parties shall be determined in accordance with the compliance of the teaching programs and the care needs, in accordance with the functional programming of the center.

Article 7. Remuneration.

1. The remuneration of the residents who provide services in the teaching holders dependent on the National Health System, in accordance with the requirements of the respective budget laws, shall include the following concepts:

(a) Salary, the amount of which shall be equivalent to that assigned, in the form of basic salary, to the statutory staff of the health services according to the university degree required for the performance of their profession, in the case of of the residents, as required for the entry into the corresponding training program.

(b) A training-grade supplement, the perception of which will become due from the second training course.

It will be aimed at giving back the level of knowledge as well as the progressive acquisition of responsibilities in the exercise of care tasks.

Your amount will be a percentage of your salary. The percentages will be as follows:

1. Second course residents: eight percent.

2. Third course residents: 18 percent.

3. Fourth course residents: 28 percent.

4. Fifth course residents: 38 percent.

c) Continuous care complement, intended to pay attention to the users of health services on a permanent and ongoing basis.

(d) A plus of residence shall be collected in those territories in which it is established.

2. Residents shall receive two extraordinary payments which shall be payable on a semi-annual basis, in the months of June and December, with the salary corresponding to those months. The amount of each of them shall be at least one monthly salary and the training degree supplement.

3. The remuneration established here corresponds to the effective working time, not being computed as such periods of rest between days.

4. Residents hired by private entities holding teachers accredited to provide the training shall receive their remuneration in accordance with the applicable collective agreement. In no case shall the remuneration for the ordinary day be lower than that laid down in paragraphs 1. (a) and (b) and 2 of this Article.

Article 8. Rotations.

1. External rotations shall be considered as training periods in centres not provided for in the training programme or in the accreditation given to the centre or teaching unit in which it is developed. Residents may make external rotations provided the following requirements are met:

(a) that the external rotation is proposed and authorized by the competent bodies, specifying the objectives to be pursued, which must relate to the extension of knowledge or to the learning of techniques not practiced in the The training programme is based on the training programme, which is necessary or complementary to the training programme.

b) To be performed preferably in accredited centers for teaching or in national or foreign centers of recognized prestige.

c) Not exceeding the four months continued within each annual assessment period.

d) That the management of the home center expressly commit to continue to pay the resident the full remuneration, including those arising from ongoing care during the external rotation.

2. External rotations shall be entitled to travel expenses, in accordance with the rules and arrangements that apply to the entities holding the relevant teaching unit.

3. Each external rotation shall be duly endorsed in the training specialist's book, and the centre or unit where it has been carried out shall issue the relevant assessment report.

4. Rotations by centres which are provided for in the training programme or in the accreditation given to the centre or teaching unit in which it is developed shall be internal and shall not entail any economic rights.

Article 9. Contract suspension.

1. The contract shall be suspended for the reasons set out in Article 45.1 of the Staff Regulations, except by mutual agreement of the parties and by reason of the contract.

2. Given the essentially formative nature of this employment relationship and the rapid advances in the health sciences, if the time of the contract suspension will be longer than two years, the resident will be incorporated into the part of the training to be agreed upon by the teaching committee of the specialty, even if this implies the repetition of some period already evaluated positively.

Article 10. Excess.

1. Article 46 of the Staff Regulations shall be governed by the provisions of Article 46 of the Staff Regulations, excluding the cause referred to in paragraph 2, which may not be recognised in any case.

2. If the time of leave exceeds the two years, the provisions of paragraph 2 of the preceding Article shall be taken.

Article 11. Termination of the contract.

1. The contract will be extinguished for the following reasons:

(a) For having obtained a positive annual assessment in the last year of training and therefore, complete the relevant specialty programme, without any termination of the contract.

b) For having obtained a negative annual assessment, without any termination of the contract.

(c) For having obtained a negative final assessment, irrespective of whether the resident applies for review, without any termination of the contract.

d) By voluntary resignation of the resident, either explicitly or tacitly, thus being understood when the full repetition of the training period has been authorised and the resident will not be incorporated at the beginning or when he/she will not join the specific recovery plan agreed by the evaluation committee, without any justification in both cases.

e) For the reasons set out in Article 49.1. (g), (h), (i) and (j) of the Staff Regulations, or because the competent authority withdraws from the teaching unit accreditation for the training of specialists.

(f) For exceeding a period of six months of suspension of the contract due to temporary force majeure or economic, organisational or production technical reasons.

g) By disciplinary dismissal, in accordance with article 14.3 of this royal decree.

h) By retirement of the worker.

i) By death, great invalidity or permanent total or absolute invalidity of the resident, without prejudice to the provisions of Article 48.2 of the Staff Regulations.

j) By decision of the worker who is forced to permanently leave her job as a result of being a victim of gender-based violence.

2. Where the extinction occurs due to the causes referred to in paragraphs 1. (e) (f) and (j), the health administration shall offer to the affected residents the possibility of continuing their training as specialists in other teaching units, by signing new contracts with the entities holding the same as they shall provide for valid training periods already performed and positively evaluated in the teaching unit of provenance.

3. In the case of termination for disciplinary dismissal, if the latter is declared inadmissible by a final judgment, the resident shall have the right to take back the readmission or the compensation. If he opted for readmission, depending on the time since he was dismissed and the execution of the sentence, the form provided for in Article 9.2 shall be carried out in respect of incorporation after the suspension of the contract.

4. The termination of the contract will also entail the rights deriving from the improvement of the relevant national selective test, so that, in order to have access to a training programme for the same or a different kind, the contract will be exceeding a new test, except where the cause of the extinction is not attributable to the resident.

CHAPTER III

Disciplinary regime

Article 12. Disciplinary responsibility.

Staff in training by the residence system will incur disciplinary responsibility for the faults you commit.

Article 13. Fault classes.

1. Disciplinary failures can be mild, severe or very serious.

2. Given the special characteristics of this employment relationship, the classification of the faults will be established for the statutory health staff of the health services in Article 72.2, 3, 4 and 5 of Law 55/2003, of 16 December, except for collective agreements determine otherwise.

The provisions of the preceding paragraph shall apply to residents who occupy places in accredited teaching units of private ownership centers, in default of regulation in the applicable collective agreement.

3. Disciplinary effects shall not be taken into account in the absence of assistance referred to in the second paragraph of Article 52.d of the Staff Regulations.

Article 14. Penalties.

Unless the collective agreements establish anything else, the penalties for disciplinary misconduct shall be as follows:

1. For minor faults: warning.

2. For serious misconduct: suspension of employment and salary up to a maximum of two months.

3. For very serious fouls: dismissal.

Article 15. Disciplinary proceedings.

1. The competence for the imposition of disciplinary sanctions is the responsibility of the competent body of the health institution on which the teaching unit is based.

2. Prior to the imposition of the penalty, the person responsible for the management of the staff of the centre shall inform the resident in writing of the date and the facts which are considered to be included in any of the cases of non-compliance provided for in the rules of application and their possible qualification, so that within ten days it will take up what is appropriate for its defence.

In the case of serious or very serious misconduct, you will also be given a transfer of this letter to the teaching committee, so that within ten days, you will express your opinion.

3. The competent authority shall notify the person concerned in writing of the penalty, the date and the facts which gave it and his or her qualification or, where appropriate, the dismissal with which he has completed the case, the procedure.

4. The business committee will be informed of the penalties imposed on residents for very serious misconduct.

Article 16. Prescription of faults.

1. Minor faults shall be prescribed at 10 days; the grave shall be at the age of 20 days and shall be very serious at the age of 60 days from the date on which the centre became aware of its commission and, in any case, six months after its mission.

2. The prescription shall be interrupted with the notifications provided for in paragraph 2 of the previous Article, the last count being resumed for the ten-day period established for making claims.

Additional disposition first. Remuneration in the Autonomous Community of Navarre.

For the purposes of Article 7.1.a) of this royal decree, in the Community of Navarra, it will be taken as a reference of the basic salary established in article 42.1.a) of Law 55/2003, of 16 December, of the Statute Framework of the statutory staff of the Health Services, without regard to these effects as provided for in the additional provision of that standard.

Additional provision second. Staff in training for the disability residence system.

1. In accordance with Articles 37 and 37a of Law 13/1982 of 7 April 1982 on the Social Integration of the Disabled, persons with disabilities shall be admitted and participate in conditions which guarantee the principle of equal treatment for disabled persons. treatment in the process of training by the residence system.

2. Where a person with a disability is awarded a place of residence in training, the centre of which the relevant teaching unit is dependent shall be obliged to make the works, adaptations and other reasonable adjustments required. in order to achieve accessibility to all the activities of the training programme, as well as to provide the necessary technical assistance, for which it may seek advice and support from the Centre for Personal Autonomy and Technical Aid (CEAPAT) or another specialised public or private entity.

3. If, for reasons of architectural reasons or serious budgetary problems or other similar reasons, which could lead to an excessive burden, this would not, and therefore, be impossible to carry out the activities required by the programme. training should be subject to the conditions of the institution and not to the functional limitations of the resident, he may not be declared unfit in the prescriptive medical examination, and the health administration where the teaching unit will be obliged to offer you another place in a teaching unit that brings together the qualities that enable your training and your integration into care activities on an equal footing with other residents of the same specialty.

4. If the disability prevents the resident from carrying out long working days, the number of hours determined by the training programme will not be reduced, but they will be organised in such a way as to have the necessary and appropriate breaks functional.

5. For the purposes of the special employment relationship regulated in this royal decree, persons with disabilities are understood to be those who have been recognized as having a disability degree equal to or greater than 33 percent. In any case, they shall be considered to be affected by a disability in a degree equal to or greater than 33% of Social Security pensioners who are recognised as having a permanent disability pension in the degree of total, absolute or major invalidity; and pensioners of passive classes who are entitled to a retirement or retirement pension for permanent incapacity for service or uselessness.

Additional provision third. Special conditions of the working day.

The resident will be entitled to an organization of his work schedule which, without assuming a decrease in the annual number of hours set, allows him to perform daily days not exceeding twelve hours in the following cases:

a) During pregnancy.

(b) For reasons of legal guardian, the resident who has direct care of any minor of the age laid down in Article 37.5 of the Workers ' Statute or a person with physical, mental or sensory disability who does not perform a paid activity.

c) When it is necessary to take care of the direct care of a family member, until the second degree of consaguinity or affinity that, for reasons of age, accident, illness or disability, cannot be used by itself, and that perform paid activity.

d) When the resident has the non-shared guard and custody of a minor child.

Additional provision fourth. Specialties for comprehensive protection against gender-based violence.

In the case provided for in Article 40.3.a) of the Workers ' Statute, when the resident victim of gender violence is forced to leave the job in the locality where she was providing her services, have a preferential right to be assigned another resident's place in the same qualification and specialty as this vacancy in another teaching unit of another locality, including another Autonomous Community.

In such cases, the Health Administration shall be obliged to inform the resident of the vacancies existing at that time or those that may occur in the future.

This change of teaching unit will have an initial duration of six months, during which the centre of origin will have an obligation to reserve the place previously occupied by the transferred resident.

Terminated this period, the resident will be able to choose between the return to their home center or the continuity in the new one. In the latter case, the reserve obligation shall be declared.

Additional provision fifth. Procedure for reviewing the evaluations.

When the annual evaluations or final evaluation are negative and the evaluation committee considers that no recovery is necessary and therefore only the termination of the contract will be possible, those affected will be able to request their review. They may also request the review of the final assessment if it is positive but consider that the rating obtained is unfavourable. These reviews will be performed using the following procedures.

1. Review of the negative annual assessment: Within 10 days of the publication of the assessment, the resident may request in writing his/her review before the teaching committee, which, after summoning the person concerned, shall meet within the the fifteen days after receipt of the request.

The resident may be accompanied by his or her guardian. The members of the committee shall ask the questions they consider appropriate and the qualification, which shall be final, shall be decided by an absolute majority of their members.

In the event that the commission agrees to a positive assessment, it shall be published within five days from the date of the review.

If the agreement is to maintain the negative assessment, within the same period, the commission will notify the resident by reasoned resolution and the manager of the center to proceed with the termination of the employment relationship.

2. Review of the negative final assessment: In the event that the final assessment is negative within 10 days of publication, the person concerned may request his review before the national commission of the relevant specialty. Upon receipt of the request, the commission shall set a date for the completion of a test within 30 days after receipt of the application, after which it shall decide on the absolute majority of its members.

If the negative assessment is maintained, the data subject shall have the right to carry out an extraordinary test before the same commission, between six months and a year at the latest from the previous test. The Commission shall be obliged to notify the person concerned of the date of the test at one month's notice. The rating will also be decided by absolute majority and will be final.

3. Review of the assessment of the final positive assessment: If the final assessment is positive but the person concerned considers that the rating is unfavourable, he will have the right to carry out a test before the national commission of the (a) to improve the quality of the product. The procedure shall be the same as that provided for in the first test of the review of the negative final assessment. The commission's decision will be final, without the possibility of an extraordinary test.

Additional provision sixth. Specific rules for certain medical specialties.

References to teaching commissions will be understood as referring to the relevant advisory committees when dealing with training specialties in and out of hospitals.

Additional provision seventh. Implementation of covenants and agreements.

When this is agreed upon in collective bargaining corresponding to the areas of representation of the personnel included in this royal decree, the pacts and agreements concerning the statutory staff will apply to them, provided that are compatible with the specific rules applicable to resident personnel, without prejudice to the provisions of the legislation on the representation of staff at the service of public administrations.

Additional disposition octave. Training specialists from the Armed Forces.

This royal decree will not apply to the training specialists of the Armed Forces, who will be trained in both places in the military health network and the rest of the health network, which will continue to be application of its specific rules.

First transient disposition. Progressive application of the maximum day.

In accordance with the provisions of the first transitional provision of Law 55/2003 of 16 December 2003, the limitation of working time legally established for the statutory health personnel of health services, summing the ordinary day and the complementary day, it will be applied progressively to the resident staff, both of the public centers and the private accredited for the teaching, in the following periods:

a) A maximum of 58 weekly average weekly hours on an annual basis until 31 July 2007.

b) A maximum of 56 weekly average weekly hours on a six-monthly basis, between 1 August 2007 and 31 July 2008.

c) From 1 August 2008 the maximum day will be 48 hours a week on average on a semi-annual basis.

Second transient disposition. Gradual implementation of the remuneration system.

1. The application of the provisions of Article 7.1 and 2 shall be carried out by the health services of the autonomous communities in a gradual manner, taking into account the difference between the amounts collected by the residents and the set out in that Article.

This gradual application will take place as follows:

a) 25 percent of the indicated difference from the entry into force of this royal decree, with retroactive effect from January 1, 2006.

b) 25 percent as of January 1, 2007.

c) The remaining 50 percent as of January 1, 2008.

2. The progressive implementation, as referred to in the previous paragraph, may in no case involve a lower remuneration than the resident currently receiving.

For these purposes, the Autonomous Communities may modify the percentages provided for in the previous paragraph.

3. If the remuneration received by the residents hired by private entities holding accredited teaching units to provide training is lower than those laid down in Article 7.4, the new ones may be applied gradually. amounts in the form indicated in the preceding paragraphs of this transitional provision, without prejudice to the provisions of the applicable collective agreement.

Transitional provision third. Specific rules for nursing specialties.

Until the forecasts contained in Article 1.2.c are developed) and in the fourth additional provision of Royal Decree 450/2005 of 22 April on nursing specialties, the following rules apply:

1. The references to the teaching commissions, in the case of nursing specialties, will be understood as the evaluation committee, as soon as the aforementioned teaching commissions are not created.

2. The evaluation committee shall be composed of the coordinator of the teaching unit, the resident's guardian and a specialist nurse providing services in the relevant unit.

3. The assessment shall be carried out using the ratings of sufficient, outstanding or excellent, where the assessment is positive or unfit when it is negative.

4. The recovery period provided for in Article 3 (3) shall be one month in the case of a speciality of one year and two months in respect of which the training programme is of a higher duration.

5. The review of the non-recoverable negative annual assessments referred to in the first subparagraph of the fifth additional provision shall be carried out before the national commission of the specialty. For these purposes, the period of 15 days referred to in the first subparagraph of paragraph 1 shall be increased to one month.

Transitional disposition fourth. Principle of more beneficial condition.

Those rights acquired by residents who would have accessed the training specialized by the residence system prior to the entry into force of this royal decree will be maintained, provided that they assume more beneficial conditions.

Single repeal provision. Regulatory repeal.

1. The provisions of this royal decree and, in particular, Article 9.5 and 6 of the Order of 24 June 1998 for the development of Royal Decree 992/1987 of 3 July 1998, shall be repealed as regards the provisions of this royal decree. on obtaining the degree of specialist nurse.

3. Upon the entry into force of this royal decree, the repeal of Law 24/1982 of 16 June on specialised health practices and teaching, in accordance with the provisions of paragraph 2 of the Single Derogation Provision, will be effective. Law 44/2003, of 21 November.

Final disposition first. Competency enablement.

This royal decree is dictated by the provisions of Article 149.1.7. of the Constitution, which attributes exclusive competence to the State in labour law, without prejudice to the execution by the organs of the Autonomous communities.

Final disposition second. Entry into force.

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

Given in Madrid, on October 6, 2006.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ