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Law 21/2006, Of 20 June, Amending The Law 9/1987, Of June 12, Representative Bodies, Determination Of The Conditions Of Work And Participation Of The Staff In The Service Of The Public Administrations.

Original Language Title: Ley 21/2006, de 20 de junio, por la que se modifica la Ley 9/1987, de 12 de junio, de órganos de representación, determinación de las condiciones de trabajo y participación del personal al servicio de las Administraciones Públicas.

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TEXT

JOHN CARLOS I REY OF SPAIN to all who present it and understand.

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

PREAMBLE

Law 9/1987, of June 12, of organs of representation, determination of the conditions of work and participation of the staff in the service of the Public Administrations is the first Law in our country that, with character It has regulated these assumptions and, in short, has dealt with a matter which is part of the statutory scheme of civil servants referred to in Article 103.3 of the Constitution.

It is precisely the development of unionism in the Civil Service one of the most relevant cases in the transformations operated in the legal system of the officials both in the field of our Public Administration and in other states of our environment, being one of the key pieces in the democratization of public administrations. It has to be said that Law 9/1987, of 12 June, has undergone changes since its publication. Essentially these changes have been made in relation to collective bargaining-through Law 7/1990 of 19 July 1990-and in relation to the bodies of representation-through Law 18/1994 of 30 June. They have, respectively, made progress in the deepening of the mechanisms for determining the working conditions and the adaptation of organs of representation of the personnel to the service of the Public Administrations. Well: the experience of the application for eighteen years of Law 9/1987, of June 12, advises the introduction of some other modifications in the same, to accommodate them to certainly changing scenarios in a matter as dynamic as is that of the relations between the Public Administrations and the staff to its service. In this sense the Law creates a General Table of Negotiation of the Public Administrations as a necessary forum of the Administrations of the State, the Autonomous Communities and the Local Entities and the Trade Union Organizations to negotiate the common themes that affect all the employees of all the Public Administrations and that responds to the transformation given in the structure of the State with the consolidation of the State of the Autonomies. This Bureau will deal with aspects that may be subject to state regulation as a basic rule and those of a general nature that affect the staff of the Public Administrations. And the representation of the Public Administrations will be unitary and will be presided over by the General Administration of the State. The representation of the Trade Union Organizations, according to the Organic Law 11/1985, of 2 August, of Freedom of Association, will be distributed according to the results obtained in the elections to organs of representation of the official staff and work. Likewise, the Law provides for the existence of General Negotiation Tables in the General Administration of the State, in the Autonomous Communities and in the Local Entities for the negotiation of the common working conditions for public employees, is official, statutory or employment staff. For the presence of Trade Union Organizations in such Mesas, the results obtained in the organs of representation of the official staff will be taken into consideration, according to the criteria of the Law of the corresponding field of representation. Also present are the Trade Union Organizations that are part of the General Administration of Negotiation of Public Administrations, provided that they have obtained 10 percent of the representatives to official or labor personnel in the field. of the Bureau in question. The Law, on the other hand, does not alter the provisions of the existing legislation regarding agreements and pacts for the official personnel, since for the validity and effectiveness of the same it will be necessary the express and formal approval by the Corresponding public administrations in accordance with the provisions of Law 9/1987 of 12 June, and, in the same sense, for the labour force, it will be necessary, in accordance with the provisions of the labour law, to formalise the The Council of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European Last years. Moreover difficulties detected in the automatic translation of the negotiating capacity of the Trade Union Organizations of the Mese to others-in a context of modification of the negotiating structure in the Public Administrations-advises (i) to define more clearly the legitimacy to be part of the sectoral tables, establishing that the most representative trade unions will be present and those who have obtained in the relevant sector 10 per 100 or more of the representatives in the elections for Delegates and Staff Boards. In this way, the Trade Union Organizations accredit their representation in the specific territorial and functional field without the possibility of automatically operating the irradiation of representativeness. Finally, the Law refers to the possibility that, prior to agreement with the Trade Union Organizations, the governing bodies of the Public Administrations may modify or establish Personnel Boards in certain areas This is the case. The text of this Law, in its preliminary phase, has been discussed at the General Administration of the General Administration of the State and in the Social Dialogue Forum in the field of Public Administrations. On the other hand, the Law makes the necessary changes in the Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, aimed at promoting the reconciliation of personal, family and work life. All this has determined the provenance and the opportunity to approve the following Law.

Single item. Amendment of Law 9/1987 of 12 June, of organs of representation, determination of the working conditions and participation of the staff in the service of the Public Administrations.

Law 9/1987, of 12 June of organs of representation, determination of the working conditions and participation of the staff in the service of the Public Administrations, is amended as follows: One. Article 2.1 (d) of Law 9/1987 is amended as follows:

"(d) Staff working at the service of the various Public Administrations, which shall be governed by the common labour law, without prejudice to Articles 39 and 40 and to the Additional Provisions 5 and 6."

Two. Article 7.5 of Law 9/1987 is amended as follows:

" Prior negotiation and agreement with the Trade Union Organizations legitimized according to the provisions of Articles 6 and 7 of the Organic Law 11/1985, of 2 August, of Freedom of Association, the governing bodies of the Administrations Public may amend or establish Staff Boards in view of the number or peculiarities of their collectives, adapting them to the administrative structures and/or to the areas of negotiation which are constituted or are constituted. "

Three. The second paragraph of Article 31.2 of Law 9/1987 is amended as follows:

addition to the most representative trade union organizations at the state level and the Autonomous Community, the trade unions that have obtained in the corresponding sector 10 per 100 or more will be present. of the representatives in the elections for Delegates and Staff Boards. "

Four. A new Additional Disposition is added 6, with the following wording:

" Additional disposal sixth. General Negotiation Tables.

1. In addition to the negotiating tables provided for in Article 31 of this law, a General Administration of Public Administration Negotiation will be set up. The representation of the Public Administrations, will be unitary, will be chaired by the General Administration of the State and will have representatives of the Autonomous Communities and the Spanish Federation of Municipalities and Provinces, depending on the matters 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 results obtained In the elections to the organs of representation of the staff, Delegates of staff, Juntas of Personnel and Committees of Enterprise, in the whole of the Public Administrations. The matters covered by Article 32 of this Law, which may be subject to state regulation as a basic rule, shall be the subject of negotiation in this Bureau, without prejudice to the agreements to be reached by the Autonomous Communities in its corresponding territorial scope by virtue of its exclusive and shared competences in the field of Civil Service. 2. Also, for the negotiation of all those matters and general working conditions common to the official staff, Statutory and employment of each Public Administration, will be constituted in the Administration General of the State, and in each of the Autonomous Communities and Local Entities, a Negotiating General Table. The criteria set out in paragraph 1 of this additional provision on the representation of trade union organizations at the General Administration of Public Administrations, taking into account the general tables, are applicable to these general tables. In each case, consideration shall be given to the results obtained in the elections to the bodies representing the official staff, the statutory staff and the labour staff of the relevant field of representation. In addition, the trade union organizations that are part of the General Administration of Public Administrations will also be present at these general tables, provided that they have obtained 10 percent of the representatives to the staff. official or labour force in the field concerned with the table in question. '

Final disposition first. Amendment of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

The following precepts of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service are amended: One. Article 30.1 (a) is amended and a new point (a) a) is hereby set out in that Article, with the following wording:

" 1. Permits shall be granted for the following justified reasons: (a) For the birth, acceptance or adoption of a child, ten days to be enjoyed by the father from the date of birth, the administrative or judicial decision of the host or of the the judicial decision establishing the adoption of the decision. (a) For the 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 locality. In the case of the death, accident or serious illness of a relative within the second degree of consanguinity or affinity, the permit shall be two working days when the event occurs in the same locality and four working days when it is in different locations. '

Two. A paragraph is added to point (f) of Article 30.1, with the following wording:

"Likewise, the official may request the replacement of the nursing time with a paid leave that accumulates in full days the corresponding time."

Final disposition second. Entry into force.

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

Therefore,

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

Madrid, 20 June 2006.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO