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

I

The political and territorial organization and the distribution scheme of health and health care competencies that establish the Constitution and the Statutes of Autonomy, cause birth, in the year 1986 and by Law 14/1986, of 25 April, General of Health, of the National Health System, conceived as the whole of the health services with a harmonious and coordinated operation.

The General Health Law establishes that the health services will integrate the different public health services of the respective territorial scope. Such integration takes place with the organizational and functional peculiarities of the corresponding centers, among them the legal regime of its personnel, which motivates that in the health services and in its health centers it is providing personal services with civil, employment and statutory links.

While the official and labor personnel have seen their respective legal regimes updated after the enactment of the Spanish Constitution, it has not happened with respect to the statutory staff who, without prejudice to Certain specific regulatory changes are largely governed by pre-constitutional statutes. It is therefore necessary to update and adapt the legal status of this staff, both as regards the model of the Autonomous State and with regard to the current concept and scope of healthcare.

Such is the objective that this law faces, through the establishment of the basic rules concerning this staff and by the approval of its statuette-frame, all in accordance with the provisions of Article 149.1.18.a of the Spanish Constitution.

II

in Spain, health professionals and other groups of staff who provide services in health centers and institutions have historically had a specific regulation. This self-regulation has been identified with the expression "statutory staff" deriving directly from the name of the three staff statutes-the status of medical staff, the status of non-medical staff and the status of staff. of non-healthcare personnel of such institutions and institutions.

The need to maintain a special regulation for health services personnel has been appreciated, and repeatedly stated, by the regulatory standards of public service personnel. Thus, Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, maintained in its entirety the statutory regime of this staff, determining, in its transitional provision fourth, that it would be the subject of legislation special.

In addition, the General Health Law, in its Article 84, established that a framework statute would regulate the basic regulations applicable to statutory staff in all health services, specific and differentiated basic standards of health services. general public officials.

The desirability of a regulation of its own for this staff derives from the need for its legal regime to be adapted to the specific characteristics of the exercise of the health professions and the health-care service, as well as the organizational peculiarities of the National Health System.

This last aspect, the adequacy of the statute framework to the peculiar organizational principles of the National Health System deserves to be highlighted as it constitutes one of the cornerstones of the new regulation of the personnel.

The National Health System is a special organizational model, which only exists in the field of public health services, which creates and configures the General Health Law as a means of adapting such services to the Spanish political and territorial organization, and that it is conceived as the whole of the different health services with a harmonious and coordinated operation.

This, together with the high social and political value that in a constitutionally defined state as social and democratic of law, has good health, has motivated that in these already more than 12 years of existence of the National System of Health has produced numerous analyses, reports and proposals aimed at its consolidation, modernization and improvement.

The most relevant of these is the Parliamentary Agreement for the Consolidation and Modernization of the National Health System, approved by the Congress of Deputies on December 18, 1997, in which The establishment of a new model of industrial relations for the statutory staff of health services is considered essential, through a framework statute which would have to play a nuclear role as a driving force for the dynamic evolution, development and consolidation of our National Health System.

The Congress of Deputies itself pointed to the guidelines of this new regulation and set out its general objectives. Among them is to increase the motivation of the professionals and their commitment to the management, the establishment of an adequate system of incentives, the de-bureaucratization and the relaxation of the professional relations, the (a) the decentralisation of the selection and professional promotion processes, the personalisation of working conditions, in particular as regards remuneration and levels of dedication or the adequacy of the staff to be allocated to them. the effective needs of the institutions, through a specific regulation of a basic character for this personnel, with respect both for the competences for their development by the autonomous communities and for the overall objective of promoting the autonomy of management of the services, centers and institutions.

Therefore, and according to the provisions of article 149.1.18.a of the Spanish Constitution, the rules of this law are the basis of the statutory regime of this health service personnel.

Thus, the Framework Statute repeals the statutory regime set up by the three staff statutes-all of them pre-constitutional-and by the provisions that modified them, supplemented or developed, replacing it with the the basic framework which makes up the statute itself and the provisions which, in the field of each public administration, develop such a basic and general framework.

III

The content of the law is structured in 14 chapters, through which the general and basic aspects of the different subjects that make up the legal regime of the statutory staff are regulated.

In Chapter I, the functionaries of the statutory relationship are clearly established, without prejudice to their special characteristics, which are indicated in the law itself and which must be developed in each of the Autonomous communities with respect to their own personnel. The criteria for the classification of statutory staff, based on the functions to be developed and the levels of qualifications, are set out in Chapter II, which also regulates the figure of temporary staff, whose importance and necessity in the sector This is a consequence of the need to keep the various institutions and institutions constantly and constantly in operation.

Chapter III lists the management and planning mechanisms of the staff of each of the health services, including the existence of personnel records that will be integrated into the Information System. Health that establishes the Law of Cohesion and Quality of the National Health System.

The requirements and conditions for the acquisition of the status of statutory staff, the assumptions of their loss, the provision of seats, the selection of staff and the internal promotion are regulated in Chapters V and VI of the law, in which Chapter IV lists the rights and duties of this staff, determined from the perspective of the essential health protection function they perform.

The principle of free movement and the possibility of staff mobility throughout the National Health System is enshrined in Chapter VII. This general mobility, which is essential to provide the National Health System for cohesion and coordination, is also a mechanism for the development of personnel, which is complemented by the regulation of the career contained in Chapter VIII and with the the remuneration scheme set out in Chapter IX.

IV

Special consideration should be given to Section 1.a of Chapter X, as the transposition of two Directives of the European Community relating to the protection of the health and safety of workers is carried out in the health sector. workers through the regulation of working time and the system of rest periods, Council Directives 93 /104/EC of 23 November 1993 and 2000 /34/EC of the European Parliament and of the Council of 22 June 2000.

For the transposition of these directives it has been especially present, as could not be otherwise, that the Spanish Constitution, in proclaiming in its article 43.1 the right to health protection, comes to recognize the special importance which, both at the individual and the family and social level, have health benefits. Paragraph 2 of the same constitutional precept instructs the public authorities to organize and protect public health, through preventive measures and the necessary services and services, which determines that a large number of the establishments and establishments in which such services and services are developed must remain in operation on a continuous and continuous basis. Such centres and establishments have therefore had to adopt a specific functional organisation model, which is directly aimed at being able to meet, at any time, the demands for healthcare that may arise.

The Constitution, in its article 40.2, also assigns to the public authorities the task of ensuring safety and hygiene at work, and establishes that they will ensure the necessary rest by limiting the working day and periodic paid leave.

The coordinated articulation of the two constitutional provisions must assume that the necessary peculiarities of the model of organization of the health centers and establishments do not imply a detriment to the requirements of protection of the safety and occupational health of its employees. It is therefore appropriate to regulate by this legal standard the general conditions which, while ensuring the appropriate level of protection in relation to working time and staff breaks, also ensure that the centres and establishments can provide their services to citizens on a permanent and continuous basis.

Such general conditions should ensure a common regime, applicable in general to the different health centres and establishments, in order to ensure the smooth and homogeneous functioning of all services of health.

Among the general characteristics that this law indicates, it is worth mentioning the maximum limits for the duration of the ordinary working day, as well as for the joint duration of the working day and the additional working day it is necessary to perform to the permanent functioning of the healthcare facilities.

The law also points to the minimum daily and weekly rest times, articulating alternative rest regimes for the assumptions where the necessary continued provision of services prevents their enjoyment in the periods indicated.

V

This law is supplemented by the regulation of personnel situations, the disciplinary regime, incompatibilities and systems of representation of personnel, participation and collective bargaining in their chapters XI to XIV, with specific forecasts for situations identified in its additional provisions, with the necessary determinations for its progressive implementation in the transitional provisions, with the repeal of the rules affected by the its entry into force and the final provisions.

CHAPTER I

General rules

Article 1. Object.

This law aims to establish the regulatory basis for the special functionaries of the statutory staff of the health services that make up the National Health System, through the Framework Statute of the National Health System. personnel.

Article 2. Scope.

1. This law is applicable to statutory staff who perform their duties in health services centres and institutions in the health services of the Autonomous Communities or in the health centres and services of the General Administration of the State.

2. As not provided for in this law, in the rules referred to in the following Article, or in the covenants or agreements covered by Chapter XIV, the general provisions and principles governing the public service of the Corresponding administration.

3. The provisions of this law will apply to health workers and health workers who provide services in the centers of the National Health System managed directly by entities created by the different communities. In order to receive the resources and human resources and materials from the processes of transfers of Inhealth, in all that it does not object to its specific rules of application and if it so provides the provisions applicable to the official staff or collective agreements applicable to the labour force of each community autonomic.

Article 3. Rules on statutory staff.

In the development of the basic regulations contained in this law, the State and the Autonomous Communities, within the scope of their respective powers, shall approve the statutes and other rules applicable to the statutory staff of each health service.

For the elaboration of these rules, whose proposals will be the subject of negotiation at the corresponding tables in the terms set out in Chapter III of Law 9/1987, of June 12, of organs of representation, determining the working conditions and the participation of staff in the service of public administrations, the bodies in each case competent shall take account of the general principles laid down in the following Article; specific characteristics of the exercise of the health professions, and the characteristics The organization of each health service and its various institutions and institutions.

Article 4. Principles and criteria for the organisation of the statutory scheme.

The management of the statutory staff of health services is governed by the following principles and criteria:

a) Full submission to law and law.

b) Equality, merit, capacity and publicity in access to the status of statutory staff.

c) Stability in employment and in maintaining the status of fixed statutory staff.

d) Free movement of statutory staff in the National Health System as a whole.

e) Responsibility for professional exercise and objectivity as guarantees of competence and impartiality in the performance of functions.

f) Efficient planning of resource needs and periodic scheduling of calls.

g) Integration into the organizational and functional regime of the health service and its institutions and institutions.

h) Incorporation of the values of integrity, neutrality, transparency in the management, ethics and service to the public interest and the citizens, both in the professional performance and in the relations with the users.

i) Priority dedication to public service and transparency of private interests and activities as a guarantee of such preference.

j) Coordination, cooperation and mutual information between public health administrations.

k) Participation of trade union organizations in the determination of working conditions, through negotiation at the appropriate tables.

CHAPTER II

Classification of statutory staff

Article 5. Criteria for classification of statutory staff.

The statutory staff of the health services are classified on the basis of the function developed, at the level of the degree required for the entry and the type of their appointment.

Article 6. Statutory health staff.

1. It is statutory health staff who hold this condition by virtue of appointment issued for the exercise of a profession or medical profession.

2. Taking into account the academic level of the qualification required for admission, statutory health staff are classified as follows:

(a) University training staff: those who hold the status of statutory staff by virtue of appointment issued for the exercise of a health profession requiring a specific degree of university degree; or a title of such character accompanied by a specialist's degree. This staff is divided into:

1. Bachelor's degree with a degree of Health Sciences specialist.

2. Health Licensors.

3. Degrees of Diplomacy with the title of Health Sciences Specialist.

4. Health Diplomates.

(b) Professional training staff: those who have the status of statutory staff by virtue of appointment issued for the exercise of occupational health professions or activities, where a particular condition is required qualifications of vocational training. This staff is divided into:

1. Top Technicians.

2. Technicians.

Article 7. Statutory staff for management and services.

1. It is statutory staff of management and services who hold such a condition by virtue of appointment issued for the performance of management functions or for the development of professions or trades which are not sanitary.

2. The classification of the statutory staff for management and services is carried out, according to the title required for admission, as follows:

a) College training staff. Based on the level of the required title, this staff is divided into:

1. College or staff graduates with equivalent qualifications.

2. College or staff graduates with equivalent qualifications.

b) Professional training staff. Based on the level of the required title, this staff is divided into:

1. Top Technicians or staff with equivalent title.

2. Technical or personal with equivalent title.

(c) Other staff: categories in which certification of the years completed is required and of the qualifications obtained in the compulsory secondary education, or equivalent certificate or certificate.

Article 8. Fixed statutory staff.

It is a fixed statutory staff who, after the corresponding selective process, obtains an appointment for the permanent performance of the functions that are derived from such appointment.

Article 9. Temporary statutory staff.

1. For reasons of need, urgency or for the development of programmes of a temporary, temporary or extraordinary nature, health services may appoint temporary statutory staff.

Appointments of temporary statutory staff may be of interinity, of an eventual or a replacement nature.

2. The appointment of an interim character shall be issued for the performance of a vacant seat of the health centres or services, where the relevant functions need to be addressed.

The cessation of interim statutory staff shall be agreed upon when fixed staff, by legal or regulatory procedure, to the place they perform, as well as when such a place is amortised.

3. The appointment of an eventual character shall be issued in the following cases:

(a) In the case of the provision of certain services of a temporary, temporary or extraordinary nature.

b) When necessary to ensure the continued and ongoing functioning of healthcare facilities.

c) For the provision of complementary services of an ordinary reduction.

The termination of any statutory staff shall be agreed upon when the cause or the expiry of the period expressly determined in his appointment, as well as the removal of the duties which have prompted him to do so.

If more than two appointments are made for the provision of the same services for a cumulative period of 12 months or more in a period of two years, the reasons for the assessment shall be carried out in order to assess, where appropriate, if a structural square is created in the center template.

4. The appointment of replacement shall be issued where it is necessary to take care of the functions of fixed or temporary staff, during the periods of leave, permits and other temporary absences that behave in the reserve of the square.

The cessation of the replacement statutory staff will be agreed upon when the person to be replaced is rejoined, as well as when the person loses his or her right to return to the same square or function.

5. Temporary statutory staff shall be subject to the general scheme of fixed statutory staff as soon as they are appropriate to the nature of their condition.

CHAPTER III

Planning and Planning for Personnel

Article 10. General principles.

1. The Human Resources Commission of the National Health System will develop the activities of planning, designing programs to train and modernize the human resources of the National Health System.

2. The Interterritorial Council of the National Health System, as the main instrument of configuration and cohesion of the National Health System, will meet, debate and, if necessary, issue recommendations on the criteria for coordination of the human resources policy of the National Health System.

Article 11. The Framework Forum for Social Dialogue.

1. The Framework Forum for Social Dialogue aims to constitute the field of dialogue and information of a working nature, as well as to promote the harmonious development of the human resources of the National Health System.

2. The Framework Forum for Social Dialogue, in which the most representative trade union organisations in the health sector will be represented, depends on the Human Resources Commission of the National Health System, to which it will provide support and advising on all functions of coordination of the human resources policies that are in charge of this law in this law.

3. The Framework Forum for Social Dialogue should be informed of the agreements of the sectoral tables of the health sector, as well as of those of the general tables that affect this sector.

4. The Ministry of Health and Consumer Affairs will be a negotiating partner, for which it will convene the trade union organizations represented in the Framework Forum for Social Dialogue in order to negotiate the contents of the basic regulations regarding the the staff of the health services which the ministry may draw up, where such content relates to the matters referred to in Article 32 of Law 9/1987 of 12 June 1987, of bodies representing the working conditions and participation of staff at the service of public administrations, in all that which does not affect the powers of the Autonomous Communities and without prejudice to the matters attributed to the General Administration of the Government of the General Administration of the State, including those aspects related to the employment relationship special residence which the Government will regulate by royal decree in accordance with the rules of the European Communities and in which the peculiarities of the duration of the working day and the regime of breaks of this staff will be established in training.

For such purposes, and in accordance with the provisions of Article 31.3 of Law 9/1987 of 12 June, these meetings may be convened by a decision of the Ministry, by agreement between the Ministry and the trade union organizations, and by application of all the trade union organisations present in the Framework Forum, at least one per year.

Article 12. Human resource planning.

1. Human resources planning in health services will be geared to their proper sizing, distribution, stability, development, training and training, in order to improve the quality, effectiveness and efficiency of the services.

2. In the field of each health service, and after negotiation at the appropriate tables, the necessary measures shall be taken for the efficient planning of the needs of personnel and administrative situations arising from the reallocation of the effective, and for the regular programming of calls for selection, internal promotion and mobility.

3. Changes in the distribution or staffing needs arising from functional, organisational or care reordinations shall be articulated in accordance with the applicable rules in each health service.

In any case, the staff may be assigned to the centers or units located within the scope of their appointment.

Article 13. Human resource management plans.

1. Plans for the management of human resources are the basic instrument for the overall planning of human resources within the health service or in the field that requires them. They shall specify the objectives to be achieved in terms of personnel and the personnel and the structure of human resources deemed appropriate to meet those objectives. They will also be able to establish the necessary measures to achieve such a structure, especially in terms of resource quantification, access programming, geographical and functional mobility and promotion and professional reclassification.

2. Plans for the management of human resources shall be approved and published or, where appropriate, notified in the manner in which it is determined in each health service. They will be previously negotiated at the appropriate tables.

Article 14. Management of statutory staff.

1. In accordance with the criteria for the unitary grouping of functions, skills and professional skills, qualifications and the specific content of the function to be developed, the health services shall establish the different categories or existing professional groups in their field.

2. The integration of statutory staff in the various institutions or institutions shall be carried out by incorporation into a place, post or function.

In the field of each health service, taking into account the characteristics of its health organization and after negotiation at the appropriate tables, the systems for grouping and enumeration of such posts will be established or places.

Article 15. Creating, modifying, and deleting categories.

1. In the field of each health service, the categories of statutory staff shall be established, amended or deleted in accordance with the provisions of Chapter XIV and, where appropriate, Article 13 of this Act.

2. The health services shall communicate to the Ministry of Health and Consumer the categories of statutory staff existing therein, as well as their modification or deletion and the creation of new categories, in order to carry out, where appropriate, their approval. as provided for in Article 37.1.

Article 16. Staff records.

1. As a basic instrument for the planning of human resources, health services will establish personnel records in which they will be enrolled to those who provide services in the respective health centers and institutions, in the in each health service to be determined.

2. The Interterritorial Council of the National Health System shall agree on the requirements and procedures to enable the joint treatment and the reciprocal use of the information contained in the records of health services personnel, which be integrated into the Health Information System of the National Health System.

CHAPTER IV

Rights and Duties

Article 17. Individual rights.

1. The statutory staff of health services have the following rights:

(a) To stability in employment and to the effective exercise or performance of the profession or functions corresponding to his appointment.

b) To the timely perception of the remuneration and compensation for the service in each case established.

(c) To continuous training appropriate to the function performed and to the recognition of their professional qualifications in relation to these functions.

(d) to be effective in the field of safety and health at work, as well as general risks in the health centre, or arising from normal work, and specific information and training in this area, to the provisions of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

e) To voluntary mobility, internal promotion and professional development, in the manner in which they provide for the provisions in each applicable case.

f) To be respected his personal dignity and intimacy at work and to be treated with correction, consideration and respect for his bosses and superiors, his companions and his subordinates.

g) The necessary rest, through the limitation of the day, the paid periodic holidays and permits in the terms that are established.

h) To receive assistance and protection from public administrations and health services in the exercise of their profession or in the performance of their duties.

i) To the framework of the General Regime of Social Security, with the rights and obligations that derive from it.

j) 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 with them.

k) To non-discrimination on grounds of birth, race, sex, religion, opinion, sexual orientation or any other personal or social condition or circumstance.

l) To retirement under the terms and conditions set out in the rules in each applicable case.

m) To social action in the subjective terms and areas to be determined in the applicable rules, agreements or conventions.

2. The system of rights set out in the preceding paragraph shall apply to temporary staff, in so far as the nature of the right permits.

Article 18. Collective rights.

The statutory staff holds, in the terms laid down in the Constitution and specifically applicable legislation, the following collective rights:

a) Free syndication.

b) To union activity.

c) To strike, guaranteeing in any case the maintenance of services that are essential for the health care of the population.

d) To collective bargaining, representation and participation in the determination of working conditions.

e) To the meeting.

f) To have prevention services and representative bodies in the field of occupational safety.

Article 19. Duties.

Statutory staff in health services are obliged to:

a) Respect the Constitution, the corresponding Autonomy Statute and the rest of the legal order.

b) To pursue the profession or to develop all the functions that correspond to his appointment, place or job with loyalty, efficiency and observance of the technical, scientific, ethical and deontological principles that are applicable.

(c) Keep up to date the knowledge and skills necessary for the proper exercise of the profession or for the development of the functions corresponding to his appointment, to whose end the health centres facilitate the development of continuing training activities.

d) Diligently fulfill the instructions received from your hierarchical superiors regarding the functions of your appointment, and collaborate loyally and actively in teamwork.

(e) to participate and collaborate effectively, at the level corresponding to their professional status, in the setting and achievement of the quantitative and qualitative objectives assigned to the institution, centre or unit in which provides services.

f) Professional collaboration when required by the authorities as a result of the adoption of special measures for reasons of urgency or necessity.

g) Fulfilling the time and day regime, taking into account the coverage of the complementary days that have been established to guarantee the functioning of the institutions, centers and services on a permanent basis.

h) To report properly, in accordance with the applicable rules and procedures in each case and within the scope of their competencies, to users and patients on their care process and on the services available.

i) Respect the dignity and personal privacy of the users of the health services, their free disposition in the decisions that concern them and the rest of the rights granted to them by the applicable provisions, as well as any discrimination on grounds of birth, race, sex, religion, opinion or any other personal or social circumstance, including the condition under which the users of the health centres and institutions access the same.

j) Maintain due reservation and confidentiality of information and documentation relating to healthcare facilities and to users obtained, or to whom it has access, in the exercise of their functions.

k) Use the means, instruments and facilities of health services for the benefit of the patient, with efficiency criteria, and avoid their illegitimate use for their own benefit or for third parties.

l) Meet the records, reports, and other clinical or administrative documentation established at the appropriate institution, center, or health service.

m) Meet the standards for safety and health at work, as well as the provisions adopted in the health centre in relation to this subject.

n) Fulfill the system over incompatibilities.

n) Be identified by name and professional category by the users of the National Health System.

CHAPTER V

Acquisition and Loss of Fixed Statutory Staff Condition

Article 20. Acquisition of the condition of fixed statutory staff.

1. The condition of fixed statutory staff is acquired by successive compliance with the following requirements:

a) Superation of the selection tests.

b) Appointment conferred by the competent body.

(c) Incorporation, upon completion of the formal requirements in each case established, to a place of the service, institution or centre corresponding to the time limit specified in the call.

2. For the purposes of paragraph (b) of the preceding paragraph, they shall not be appointed, and their actions shall be without effect, who do not credit, after the selective process has been completed, that they fulfil the conditions and conditions laid down in the call.

3. Failure to transpose the service, institution or centre within the time limit, where it is attributable to the person concerned and does not comply with justified causes, shall result in the failure of his right to obtain the status of fixed statutory staff as consequence of this particular selective process.

Article 21. Loss of status of fixed statutory staff.

Are causes of extinction of the condition of fixed statutory staff:

a) Renunciation.

b) The loss of nationality taken into consideration for appointment.

c) The firm disciplinary sanction of separation from the service.

(d) The principal or ancillary penalty of absolute disablement and, where applicable, the special one for employment or public office or for the exercise of the corresponding profession.

e) Retirement.

f) Permanent incapacity, in the terms provided for in this law.

Article 22. Waiver.

1. The waiver of the status of statutory staff has the character of a voluntary act and must be requested by the person concerned at least 15 days in advance of the date on which it is intended to be effective. The waiver shall be accepted within that period, unless the person concerned is subject to disciplinary proceedings or has been issued against the order for the prosecution or the opening of an oral trial for the alleged commission of a crime in the exercise of his or her duties. functions.

2. The waiver of the status of statutory staff does not disable to obtain this condition again through established selection procedures.

Article 23. Loss of nationality.

The loss of Spanish nationality, or of that of another State taken into consideration for the appointment, determines the loss of the status of statutory staff, unless the nationality of another is acquired simultaneously. State that grants the right to access such a condition.

Article 24. Separation penalty from the service.

The disciplinary sanction of separation of service, when it becomes firm, implies the loss of the status of statutory personnel.

Article 25. Absolute or special disabling penalties.

The penalty of absolute disablement, when it had become firm, produces the loss of the status of statutory staff. The same effect shall be the penalty of special disablement for employment or public office if it concerns the appointment.

It will result in the loss of the status of statutory staff the penalty of special disablement for the relevant profession, provided that it exceeds six years.

Article 26. Retirement.

1. Retirement can be forced or voluntary.

2. Compulsory retirement shall be declared when the person concerned is 65 years of age.

However, the person concerned may voluntarily request to extend his stay in active service until he or she reaches the age of 70 years, provided that he is accredited as having the necessary functional capacity to to pursue the profession or to carry out the activities corresponding to his appointment. This extension should be authorised by the relevant health service, in line with the needs of the organisation articulated in the framework of the human resource management plans.

3. An extension of the active service shall be carried out, at the request of the person concerned, where, at the time of the compulsory retirement age, he has six years or less of the contribution to the retirement pension.

This extension may not be extended beyond the day on which the person concerned completes the time required to make a retirement pension, whatever the amount of the pension, and his or her concession shall be subject to (a) is accredited as a meeting of the functional capacity required to pursue the profession or to develop the activities corresponding to his/her appointment.

4. A statutory staff meeting the requirements laid down in the Social Security legislation may be eligible for voluntary, full or partial retirement.

The competent bodies of the Autonomous Communities may establish mechanisms for the statutory staff to be employed in this retirement as a result of a human resource management plan.

Article 27. Permanent incapacity.

The permanent incapacity, when declared in its degrees of permanent incapacity for the usual profession, absolute for all work or great invalidity under the rules of the General Regime of Safety Social, produces loss of status as statutory staff.

Article 28. Recovery from the condition of fixed statutory staff.

1. In the event of loss of the status of statutory staff as a result of loss of nationality, the person concerned may recover that condition if he/she is credited with the disappearance of the cause for which the reason.

2. The condition of statutory staff shall also be recovered where it has been lost as a result of incapacity, if it is reviewed in accordance with the rules of the General Social Security Scheme.

If the review occurs within two years of the date of the declaration of incapacity, the person concerned shall be entitled to enter a place of the same category and area of health in which he/she serves.

3. The recovery of the status of statutory staff, except in the case provided for in the last subparagraph of the previous paragraph, shall mean the simultaneous declaration of the person concerned in the situation of voluntary leave. The person concerned may be rejoined to the active service through the procedures provided for in Article 69, without requiring a minimum time of stay in the situation of voluntary leave.

CHAPTER VI

Provision of places, selection, and internal promotion

Article 29. General provision criteria.

1. The provision of statutory staff places shall be governed by the following basic principles:

(a) Equality, merit, capacity and publicity in the selection, promotion and mobility of health service personnel.

b) Efficient planning of resource needs and periodic scheduling of calls.

c) Integration into the organizational and functional regime of the health service and its institutions and institutions.

d) Mobility of staff in the National Health System as a whole.

e) Coordination, cooperation and mutual information between public health administrations.

f) Participation, through negotiation in the corresponding tables, of the trade union organizations especially in the determination of the conditions and procedures of selection, internal promotion and mobility, of the number of the places convened and the frequency of the calls.

2. The provision of statutory staff places will be carried out by the systems for the selection of staff, internal promotion and mobility, as well as by reentry to the active service in the cases and through the procedure that in each service health is established.

3. Each health service shall determine the positions which may be provided by free designation.

4. The assumptions and procedures for the provision of places that are motivated or derived from functional, organisational or care rearrangements shall be established in each health service as provided for in Article 12.3.

Article 30. Selection calls and participation requirements.

1. The selection of fixed statutory staff shall be carried out on a regular basis in the field which shall be determined in each health service by means of public convocation and by means of procedures which guarantee the constitutional principles of equality, merit and capacity, as well as competition. The calls shall be announced in the official journal of the relevant public administration.

2. The selection procedures, their contents and the tests will be adapted to the functions to be carried out in the corresponding places including, where appropriate, the accreditation of the knowledge of the official language of the respective autonomous community in the way to set the application autonomic rules.

3. The calls and their bases link the Administration, the courts in charge of judging the evidence and those involved in the trials.

The calls and their bases, once published, can only be modified with strict adherence to the rules of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

4. The calls shall identify the places convened, indicating at least their number and characteristics, and specify the conditions and requirements to be met by the applicants, the time limit for the submission of applications, the content of the selection tests, the scales and programmes applicable to them and the rating system.

5. In order to be able to participate in the selection processes of fixed statutory staff, it will be necessary to meet the following requirements:

(a) Possession of Spanish nationality or that of a Member State of the European Union or of the European Economic Area, or of the right to free movement of workers in accordance with the Treaty on European Union or other treaties ratified by Spain, or be recognised as such by law.

(b) Be in possession of the qualification required by the call or in a position to obtain it within the time limit for the submission of applications.

c) Poseer the functional capacity required for the performance of the functions resulting from the corresponding appointment.

d) Be served 18 years and not exceed the forced retirement age.

e) Not having been separated from the service, by disciplinary record, from any health service or public administration in the six years preceding the call, or being disabled on a firm basis for the exercise of public functions and, where appropriate, for the relevant profession.

(f) In the case of nationals of other States referred to in subparagraph (a), not be disabled, by penalty or penalty, for the professional exercise or for access to public functions or services in a Member State, or have been separated, by disciplinary sanction, from any of their Administrations or public services in the six years preceding the call.

6. The calls for the selection of statutory staff shall reserve a quota of not less than five per cent, or of the percentage which is in force in general for the public service, of the places called for to be covered between persons with disabilities of a degree equal to or greater than 33 percent, so that two percent of the total members of each health service are progressively reached, provided that they pass the selective tests and that, at the time, they are accredited the degree of disability and the compatibility with the performance of tasks and functions corresponding.

Access to the status of statutory staff of persons with disabilities shall be based on the principles of equal opportunities, non-discrimination and compensation for disadvantages, where appropriate, where appropriate, of the selection tests to the specific needs and singularities of these people.

Article 31. Selection systems.

1. The selection of fixed statutory staff shall be carried out in general through the system of competition.

Selection may be made through the opposition system when it is best suited to the socio-professional characteristics of the collective that can access the tests or the functions to be developed.

When the peculiarities of the specific tasks to be developed or the level of qualification required, the selection may be carried out by the system of competition.

2. The opposition consists in the holding of one or more tests aimed at assessing the competence, fitness and suitability of the applicants for the performance of the relevant functions, as well as establishing their ranking order.

The call may establish criteria or scores to overcome the opposition or each of its exercises.

3. The contest consists in the assessment of the competence, aptitude and suitability of the applicants for the performance of the corresponding functions through the valuation according to the most significant aspects of the corresponding résumés, as well as to establish your order of precedence.

The call may establish criteria or scores to overcome the contest or any of its phases.

4. The merit scales in the selective tests for access to appointments of health personnel will be directed to evaluate the professional competencies of the aspirants through the assessment, among other aspects, of their professional curriculum and training, of the most significant of their pre-graduated, specialized and continuing training, of professional experience in healthcare facilities and of scientific, teaching and research and development cooperation activities or humanitarian aid in the field of health.

5. The opposition shall consist of the successive realization, and in the order that the convocation determines, of the two previous systems.

6. The health services shall determine the cases in which the selection of staff through a competition, or a competitive opposition, consisting of the non-barreled assessment of the competition, shall be possible on an extraordinary and exceptional basis. professional applicants, an assessment to be carried out by a court, after exposure and public defence by the interested parties in their professional, teaching, student and research curriculum, in accordance with the criteria set out in the previous paragraph 4.

7. If this is established in the call, and as part of the selective process, candidates selected in the opposition, contest or contest shall have to exceed a training period, or practices, before obtaining appointment as staff. fixed statutory.

During that period, which shall not apply to professional categories or groups for which specific academic or professional qualifications are required, the persons concerned shall have the status of applicants in practice.

8. In the field of each health service, the composition and functioning of the selection bodies shall be regulated, which shall be of a collegiate nature and shall act in accordance with criteria of objectivity, impartiality, agility and effectiveness. Its members must be in the position of a permanent civil servant or a fixed staff member of public administrations or health services, or of employees of the centres linked to the National Health System, in a category for which an academic qualification of the academic level equal to or greater than that required for admission is required. The provisions of the regulations governing the collective bodies and the abstention and recusal of their members shall apply to them.

Article 32. Appointments of fixed statutory staff.

1. Appointments as a fixed statutory staff will be issued in favour of aspirants who score higher on the set of tests and assessments.

2. Appointments shall be published in the manner determined in each health service.

3. The appointment shall expressly state the scope to which it corresponds, as provided for in the call and in the provisions applicable to each health service.

Article 33. Selection of temporary staff.

1. The selection of temporary statutory staff shall be carried out through procedures which allow for maximum agility in the selection, procedures which shall be based on the principles of equality, merit, capacity, competence and publicity and shall be established on the basis of negotiation at the appropriate tables.

In any case, temporary statutory staff shall meet the requirements set out in Article 30.5 of this Act.

2. Temporary statutory staff may be subject to a probationary period, during which the resolution of the statutory relationship shall be possible at the request of either party.

The trial period may not exceed three months of effective work in the case of staff provided for in Articles 6.2.a) and 7.2.a) of this law, and the two months for the rest of the staff. In no case shall the probationary period exceed half the duration of the appointment, if it is specified therein.

It will be exempt from the test period who would have already exceeded it on the occasion of a previous temporary appointment to perform functions of the same characteristics in the same health service in the two years before the issue of the new appointment.

Article 34. Internal promotion.

1. Health services shall facilitate the internal promotion of fixed statutory staff through the calls provided for in this law and in the relevant health service standards.

2. Fixed statutory staff may, by means of internal promotion and within their health service of destination, access appointments corresponding to another category, provided that the degree required for admission is of equal or higher academic level. the category of provenance, and without prejudice to the number of levels existing between the two titles.

3. The procedures for internal promotion shall be carried out in accordance with the principles of equality, merit and capacity and by the systems of opposition, competition or competition. They may be carried out through specific calls if they are advised to do so by planning or management efficiency.

4. To participate in the selective processes for internal promotion it will be necessary to have the required qualification and to be in active service, and with appointment as statutory staff fixed during, at least, two years in the category of provenance.

5. The qualification requirement for access to the categories included in Article 7.2.b) of this law shall not be required unless a specific qualification, accreditation or professional qualification is necessary for the performance of the new functions, provided that the person concerned has provided services for five years in the category of origin and holds the required degree in the group immediately below that of the category to which he aspires to enter.

6. The staff selected by the internal promotion system will have preference for the choice of place for the staff selected by the free access system.

Article 35. Temporary internal promotion.

1. Due to the needs of the service and in the cases and under the conditions that will be established in each health service, the statutory staff may be offered the temporary, and voluntary, performance of duties corresponding to the appointments of a category of the same level of qualification or higher level, provided that it holds the relevant qualification. These procedures will be negotiated at the appropriate tables.

2. During the period in which he performs duties in temporary internal promotion, the person concerned shall remain in active service in his or her home category and shall receive the remuneration corresponding to the duties actually carried out, with the exception of trienes, which shall be those for their original appointment.

3. The exercise of functions in temporary internal promotion shall not entail the consolidation of any right of a remuneration or in connection with the acquisition of a new appointment, without prejudice to its possible consideration as merit in the systems of internal promotion provided for in the previous article.

CHAPTER VII

Staff Mobility

Article 36. Mobility by reason of service.

Staff Regulations, on a reasoned basis and with the guarantees that are available in each case, may be assigned to centers or units located outside the

the scope of your appointment in accordance with what your health service standards or human resource management plans set up, negotiated at the appropriate tables.

Article 37. Voluntary mobility.

1. In order to ensure mobility in terms of effective equality of statutory staff in the National Health System, the Ministry of Health and Consumer Affairs, with the report of the Human Resources Commission of the National System of Health, prior to the approval of the various classes or functional categories of statutory staff, shall be carried out as soon as it is necessary to articulate such mobility between the various health services.

2. Voluntary mobility procedures, which shall be carried out on a regular basis, preferably every two years, in each health service, shall be open to the participation of the fixed statutory staff of the same category and specialty, as, if any, in the same way, from the rest of the health services, who will participate in such procedures with the same conditions and requirements as the statutory staff of the health service to carry out the call. They shall be settled by means of the system of competition, upon public notice and in accordance with the principles of equality, merit and capacity.

3. Where a mobility procedure has been changed in the health service of destination, the time limit for taking possession shall be one month from the day of the cessation of the previous destination, which shall take place within three days of the date of the end of the journey. notification or publication of the new awarded destination.

4. The destinations obtained by means of voluntary mobility schemes are non-renountable, unless such waiver is motivated by the acquisition of a place under the decision of a voluntary mobility procedure convened by another administration. public.

5. It shall be understood that it applies for voluntary leave of interest for particular interest as statutory staff, and shall be declared in such a situation by the health service in which it provides services, which is not incorporated into the destination obtained in a procedure of voluntary mobility within the time limits laid down or extensions of the time limits laid down by law or regulation.

However, if there are sufficiently justified causes, as well appreciated, after hearing the person concerned, by the health service which made the call, this situation may be left without effect. In such a case, the person concerned must be incorporated into his new destination as soon as the causes which at the time prevented him disappear.

Article 38. Coordination and collaboration on calls.

In the different calls for provision, selection and mobility, when such calls affect more than one health service, the principle of collaboration between all health services must be first, for which the The Human Resources Commission of the National Health System shall establish the criteria and principles that result in order to the periodicity and coordination of such calls.

Article 39. Service Commissions.

1. For the purposes of the service, and where a place or place of work is vacant or temporarily unattended, it may be covered by a temporary staff of the relevant category and on a temporary basis by statutory staff. craft.

In this case, the person concerned shall receive the remuneration corresponding to the place or position actually held, unless they are lower than those corresponding to the place of origin, in which case they shall be collected.

2. Statutory staff may be seconded on a temporary basis to the performance of special functions not attached to a particular place or place of work.

In this case, the person concerned will receive the remuneration of his or her place of origin.

3. Those who are in commission of services will be entitled to the reservation of their place or place of work of origin.

CHAPTER VIII

Career Career

Article 40. General career criteria.

1. The autonomous communities, after negotiation at the appropriate tables, shall establish, for the statutory staff of their health services, professional career mechanisms in accordance with the general provisions of the rules applicable to the staff of the rest of its public services, in such a way as to enable the right to the promotion of this staff together with the best management of the health institutions.

2. The professional career will mean the right of professionals to progress, on an individualized basis, as recognition of their professional development in terms of knowledge, experience and fulfillment of the objectives of the organization to which provide their services.

3. The Human Resources Commission of the National Health System shall establish the general principles and criteria for the approval of the professional career systems of the different health services in order to guarantee the mutual recognition of the degrees of the career, its professional effects and the free movement of these professionals in the whole of the National Health System.

4. The general criteria of the system of professional development laid down in the Law on the Management of Health Professions shall be adapted and adapted to the organizational, health and health conditions and characteristics of the health service or of each of its centres, without detriment to the rights already established. Their impact on the professional career will be negotiated at the appropriate tables.

CHAPTER IX

Remuneration

Article 41. General criteria.

1. The remuneration system for statutory staff is structured in the form of basic remuneration and supplementary remuneration, in accordance with the principles of technical and professional qualifications and ensures the maintenance of a common model in relation to the basic remuneration.

2. The complementary remuneration is primarily oriented to the motivation of the staff, to the incentive of the activity and the quality of the service, to the dedication and to the achievement of the objectives planned.

3. The amount of remuneration shall be in accordance with the provisions of the relevant Budget Laws.

4. Statutory staff may not be able to receive participation in the income normally attributed to health services as a consideration for any service.

5. Without prejudice to the disciplinary sanction which, if appropriate, may be the case, the part of the day not carried out for reasons attributable to the person concerned shall give rise to the proportional deduction of assets, which shall not be punishable.

6. Those who exercise the right to strike shall not pay or receive the remuneration corresponding to the time in which they have remained in that situation, without the deduction of assets being made as a disciplinary sanction or affecting the the social benefits scheme.

Article 42. Basic remuneration.

1. The basic rewards are:

(a) The salary assigned to each category according to the title required for its performance as provided for in Articles 6.2 and 7.2 of this Act.

(b) Trienes, which consist of a given quantity for each category according to the provisions of the preceding paragraph, for every three years of service.

The amount of each triennium shall be that set for the category to which the person concerned belongs on the day on which it was perfected.

(c) Extraordinary payments shall be two per year and shall be due preferably in the months of June and December. The amount of each of them shall be at least a monthly salary and three-year period, to which the ceiling is added part of the annual amount of the supplement to the destination.

2. The basic remuneration and the amounts of salary and triennial referred to in the preceding paragraph shall be equal in all health services and shall be determined, each year, in the corresponding Budget Laws. These amounts of salary and triennial will also coincide with those established each year in the corresponding State General Budget Laws for civil servants.

Article 43. Additional remuneration.

1. The additional remuneration is fixed or variable, and is intended to give back the function performed, the category, the dedication, the activity, the productivity and the achievement of objectives and the evaluation of the performance and the results, determining their concepts, amounts and the criteria for their attribution in the field of each health service.

2. Additional remuneration may be:

a) The target complement corresponding to the level of the position you perform. The annual amount of the target supplement shall be paid in 14 pages.

(b) Specific supplement, intended to give back the particular conditions of certain posts for their special technical difficulty, dedication, responsibility, incompatibility, danger or hardship. In no case can more than one specific supplement be allocated to each post for the same circumstance.

(c) Productivity supplement, intended to pay for the special performance, interest or initiative of the post holder, as well as their participation in specific programmes or actions and the contribution of staff to the achievement of the programmed objectives, after evaluation of the results achieved.

d) Continuous care complement, intended to pay staff to care for users of health services on a permanent and ongoing basis.

(e) Career complement, intended to give back the degree achieved in the professional career when such a professional development system has been implemented in the relevant category.

Article 44. Remuneration of temporary staff.

The temporary staff shall receive all the basic and supplementary remuneration which, in the relevant health service, correspond to their appointment, with the exception of trienes.

Article 45. Remuneration of trainee applicants.

In the field of each health service, the remuneration of applicants in practice shall be fixed, which shall correspond to the basic remuneration, excluding trienes, of the group to which they aspire to enter.

CHAPTER X

Workday, permissions, and licenses

Section 1. Work Time and Break Regime

Article 46. Object and definitions.

1. The rules contained in this section are intended to lay down minimum requirements for the protection of the safety and health of statutory staff in the field of working time.

According to this, the definitions contained in the following paragraph relating to night time, shift work and night and shift staff are set out for the exclusive effects of the application of the rules in this section. in the field of working time and the system of rest periods, without having any influence on economic or time compensation, in which the provisions of the rules, agreements or agreements which, in each case, result, shall be applicable.

2. For the purposes of this section,

following definitions shall apply:

(a) Health Centre: the institutions and institutions referred to in Article 29 of Law 14/1986 of 25 April, General of Health.

b) Personnel: those who, being statutory staff, provide services in a healthcare facility.

(c) Working time: the period in which the staff remains in the health centre, at the disposal of the health centre and in the effective exercise of its activities and functions.

Your computation will be performed in such a way that both at the beginning and at the end of each day the staff are in their job and in the exercise of their activity and functions.

Services provided outside the health centre shall also be considered as working time, provided that they occur as a result of the model of care organisation or derived from the functional programming of the centre.

d) Location period: period of time in which staff are in a situation of availability that makes their location and immediate presence possible for the provision of an effective job or services when they are called to address the care needs that may eventually occur.

e) Rest period: any period of time that is not working time.

(f) Night period: the night period shall be defined in the rules, covenants or arrangements applicable to each health centre. It shall have a minimum duration of seven hours and shall necessarily include the period from zero to five hours of each calendar day. In the absence of such a definition, the night period shall be between 23 hours and six hours on the following day.

g) Night staff-the one you normally perform during the night period, a portion of not less than three hours of your daily work time.

You will also have the consideration of night staff that you can perform during the night time one-third of your annual work time.

(h) shift work: any form of organisation of the work in a team whereby the staff successively occupy the same places according to a given rate, including the rotating rate, which may be of a continuous rate or discontinuous, involving for staff the need to perform their work in different hours over a given period of days or weeks.

i) Staff in shifts: staff whose work schedule is adjusted to a shift work regime.

j) Functional programming of the center: the instructions that, in use of their capacity of organization and management of the work, are established by the management or the management of the health center in order to articulate, in coordination and at all times, the activity of the various services and the staff of each of them for the proper fulfilment of the health-care functions.

Article 47. Ordinary working day.

1. The ordinary working day in the health centres shall be determined in the rules, covenants or agreements, depending on each case.

2. Through the functional programming of the relevant centre, the irregular distribution of the day can be established throughout the year.

Article 48. Additional day.

1. In the case of the provision of continuing care services and in order to ensure adequate permanent attention to the user of the health centres, the staff of certain categories or units thereof shall develop a working day. complementary in the way it is established through the functional programming of the corresponding center.

The completion of the additional day will only be applicable to the staff of the categories or units that previously had been covered by this law by means of the law. the performance of guards or other similar systems, as well as for the staff of those other categories or units to be determined on the basis of negotiation at the appropriate tables.

2. The maximum joint working time for the additional working day and the ordinary day shall be 48 hours of weekly average working hours in a six-month period, except by agreement, agreement or agreement. collective is set to another computation.

Not taken into consideration for the indicated maximum duration of the periods of location, unless the person concerned is required for the provision of an effective job or service, in which case it will be computed as a day both the duration of the developed job as the offset times.

3. The additional day will not in any case have the condition or the treatment established for overtime. Accordingly, it shall not be affected by the limitations on the conduct of overtime established or may lay down other rules and provisions, and their specific compensation or remuneration shall be determined independently in the rules, agreements or agreements which, in each case, are applicable.

Article 49. Special day regime.

1. Where the forecasts of the previous article are insufficient to ensure adequate continuous and continuous attention, and whenever there are organizational or assistance reasons that justify it, upon the express offer of the center The maximum joint duration of the ordinary day and the additional day may be exceeded if the staff member states, in writing, individually and in writing, their consent.

In this case, the excess of working time as set out in Article 48.2 will have the character of a complementary day and a maximum limit of 150 hours per year.

2. Health centres may lay down the conditions for granting by the staff the consent provided for in the previous paragraph, in particular with regard to the minimum duration of the undertaking.

3. In the cases provided for in this Article, the health centre shall ensure that:

(a) No one is affected by the failure to provide the consent referred to in paragraph 1, without prejudice to the effect of a lower level of remuneration resulting from a lower level of remuneration. dedication.

(b) Exist up-to-date records of staff who carry out this working day scheme, who shall be at the disposal of the competent administrative or labour authorities, who may prohibit or restrict, for reasons of security or staff health, excess over the maximum duration of the day provided for in Article 48.2.

c) The general principles of safety and health protection are respected.

Article 50. Pause on the job.

Provided that the duration of a day exceeds six hours, a rest period must be established for the duration of no less than 15 minutes. The moment of enjoyment of this period will be subject to the maintenance of service attention.

Article 51. Day and day rest.

1. The working time for the ordinary day shall not exceed 12 hours uninterrupted.

However, through the functional programming of the centres, days of up to 24 hours may be established for certain services or health units, exceptionally and when they are advised to do so. or care. In these cases, the minimum uninterrupted rest periods must be extended according to the results of the corresponding trade union negotiation processes in the health services and with due progressiveness to make them compatible with the capabilities of the services and units affected by the services.

2. Staff shall be entitled to a minimum uninterrupted rest period of 12 hours between the end of one day and the beginning of the following day.

3. The rest between working days provided for in the preceding paragraph shall be reduced, in terms of the reasons for which it is justified, in the following cases:

(a) In the case of shift work, when the staff changes equipment and cannot enjoy the daily rest period between the end of the day of a team and the beginning of the next day.

(b) When they occur, in an interval of less than 12 hours, working times corresponding to ordinary working day, additional day or, where appropriate, special time.

4. In the cases provided for in the preceding paragraph, the compensation scheme shall apply by means of alternative breaks laid down in Article 54.

Article 52. Weekly rest.

1. Staff shall be entitled to a minimum period of uninterrupted rest with an average duration of 24 hours per week, which shall be increased by the minimum daily rest provided for in Article 51.2.

2. The reference period for the calculation of the rest period laid down in the preceding paragraph shall be two months.

3. In the event that the minimum weekly rest period has not been enjoyed in the period laid down in the previous paragraph, compensation shall be produced through the alternative rest period provided for in Article 54.

Article 53. Annual leave.

1. Each year, staff shall be entitled to a paid leave of absence of less than 30 calendar days, or as a proportion of the service time.

2. The period or periods of enjoyment of the annual vacation shall be fixed in accordance with the provisions of the functional programming of the relevant centre.

3. The annual leave period may only be replaced by an economic compensation in the case of termination of the provision of services.

Article 54. Alternative break-in regime.

1. Where the minimum daily rest periods laid down in this law have not been enjoyed, they shall be entitled to compensation by means of alternative breaks, the total duration of which may not be less than the reduction experienced.

2. The compensation referred to in the preceding paragraph shall be deemed to have been produced when, on a quarterly basis, a weekly average of 96 hours of rest has been enjoyed, including the weekly rest periods enjoyed, for which all periods rest of a duration equal to or greater than 12 consecutive hours.

3. The enjoyment of the compensatory breaks provided for in this Article shall not be replaced by economic compensation, except in the case of termination of the service relationship or of the circumstances that may arise from the island event.

Article 55. Night staff.

The working time for the ordinary day of night staff shall not exceed 12 hours uninterrupted.

However, through the functional programming of the centers, days of up to 24 hours can be established in certain services or health units, when they are advised to do so by organizational or health care.

Article 56. Staff in turn.

1. The working time arrangements for staff in turn shall be that laid down in Articles 47, 48 or 49, as appropriate, of this law.

2. The staff in turn shall enjoy the periods of pause and rest laid down in Articles 50, 51, 52, 53 and, where applicable, 54 of this law.

3. Staff in turn shall enjoy a level of protection of their safety and health which shall be at least equivalent to that applicable to the remaining staff of the health centre.

Article 57. Determination of reference periods.

Whenever this section mentions a weekly, monthly, or annual time period, it will be understood as referring to weeks, months, or calendar years.

When the reference is made to a half-yearly period, the first or second of the semesters of each calendar year shall be understood.

Article 58. Character of rest periods.

1. The pause in work provided for in Article 50 shall be considered as effective working time in the form that is established by standard, agreement or agreement, as appropriate.

2. The daily and weekly rest periods referred to in Articles 51 and 52 of this Law, and where appropriate the alternative breaks provided for in Article 54 thereof, shall not have the character or the consideration of effective work, nor shall they be, in any case, taken into consideration for the performance of the ordinary working day determined in accordance with Article 46 of this standard.

3. The period of paid annual leave and periods of sick leave shall be neutral for the calculation of the averages provided for in Articles 47, 48, 52 and 54 of this Law.

Article 59. Special measures in the field of public health.

1. The provisions of this section relating to working days and rest periods may be temporarily suspended when the health authorities take exceptional measures on the functioning of health centres in accordance with Article 29 (3) of Law 14/1986 of 25 April 1986, General of Health, provided that such measures so justify and exclusively for the duration of their duration.

The adoption of these measures will be communicated to the staff representation bodies.

2. The provisions of this law relating to working days and rest periods may be suspended in a given centre, for the time required and by means of a reasoned decision taken after consultation with the representatives of the personnel, where the specific circumstances in the centre make it impossible to maintain health care for the population with the available human resources.

In this case, an urgent human resource collection plan will be developed to restore normalcy in the maintenance of health care.

3. The special measures provided for in this Article shall not affect staff who are in a situation of maternity leave or leave for risk during pregnancy.

Section 2. Partial Days, Parties and Permissions

Article 60. Part-time working day.

1. Appointments of statutory, fixed or temporary staff may be issued for the provision of services on a full-time basis or for the provision of part-time, in the percentage, days and hours, which, in each case, and organizational, functional and care circumstances, be determined.

2. The autonomous communities, within the scope of their powers, shall determine the maximum limitation of the part-time working day in respect of the whole day, with the maximum limit of 75% of the ordinary day, in annual accounts, or of the This is proportional if it is a temporary appointment of a shorter duration.

3. In the case of appointments of partial dedication, this shall be expressly indicated in the corresponding calls for access or voluntary mobility and in the procedures for the selection of temporary staff.

4. The statutory staff shall be applicable to the alleged reduction of working hours laid down for civil servants in the rules applicable in the relevant autonomous community, for the reconciliation of family and work life.

Article 61. Regime of parties and permits.

1. Statutory staff shall have the right to enjoy the arrangements of parties and permits to be established in the field of each of the Autonomous Communities.

2. Statutory staff will be entitled to enjoy the permit regime established for civil servants by Law 39/1999 of 5 November on the reconciliation of the working and family life of working people.

3. The autonomous communities, within the scope of their powers, may grant paid leave or partial remuneration for the purpose of carrying out studies or for the provision of training or specialization courses which are directly related to the with the functions of the health services and relevant interest for the health service. The commitment of the person concerned to continue to provide services in the same institution, centre, area or health service may be required as a prerequisite for granting them during the time limits to be established, from the end of the permission.

The non-compliance with that commitment will involve the return by the party concerned of the proportional share resulting from the remuneration received during the permit.

4. The autonomous communities, in the field of their competence, may grant unpaid or partial remuneration for assistance to training courses or seminars or to participate in accredited international cooperation programmes. or in teaching or research activities and tasks related to the activity of health services.

CHAPTER XI

Statutory Staff Situations

Article 62. Situations.

1. The general system of situations of fixed statutory staff includes the following:

a) Active service.

b) Special services.

c) Services under another legal regime.

d) Exceding for services in the public sector.

e) Voluntary Exceding.

f) Suspension of functions.

2. The autonomous communities may lay down the conditions for granting and the arrangements for situations of destination expectation, forcible leave and voluntary leave of absence, as well as those of other applicable administrative situations. to their statutory staff to optimise the planning of their human resources, without prejudice to the provisions of Article 12.

3. The status of leave of absence for the care of relatives established for civil servants by Law 39/1999 of 5 November, of reconciliation of the family and working life of persons shall apply to statutory staff. workers.

Article 63. Active service.

1. Statutory staff shall be on active duty when they provide the services corresponding to their appointment as such, irrespective of the health service, institution or centre in which they are intended, as well as when they perform job of the relations of posts of public administrations open to the statutory staff.

2. Staff who are in active duty are entitled to all rights and are subject to all the duties inherent in their condition, and shall be governed by this law and the rules corresponding to the statutory staff of the health service. in which you provide services.

3. They shall be kept in the active service situation, with the rights that in each case correspond, those who are in commission of services, enjoy vacations or permits or are in a situation of temporary incapacity, as well as those who receive the temporary assignment of duties corresponding to another appointment as provided for in Article 35.

4. They shall be kept in active service, with the limitations of rights set out in Article 75 of this Law and the other legally applicable, who are declared on temporary suspension of duties.

Article 64. Special services.

1. Statutory staff shall be declared in a situation of special services in the cases established in general for civil servants, as well as when they access a specialised health training place by residence or Member of the National Health System, as a director of the international organizations, public administrations, health services, or health centers of the National Health System.

Who is in the situation of special services provided for in this paragraph shall be entitled to the time count for the purposes of seniority and career, if any, to the receipt of triennial and to the reservation of the place of origin.

2. Statutory staff who are authorised by the competent public administration, for periods of more than six months, to provide services or to collaborate with organisations shall also be declared in special services. (a) Government developing cooperation programmes, or for carrying out missions in national or international cooperation programmes.

Who is in the special services situation provided for in this section will be entitled to the time-to-age computation and the reservation of the place of origin.

Article 65. Services under another legal regime.

1. They shall be subject to the status of services under another legal system who accept the offer of change in their employment relationship which the health services make to the fixed statutory staff, to provide services in a centre whose management is assumed either by an entity established or participating in at least half of its capital by the own health service or autonomous community, or by other entities arising under new management formulas promoted by the health service or Autonomous community and created under the regulations governing them.

2. Staff in a situation of services under another legal regime shall be entitled to time-counting for the purposes of seniority. During the first three years, the right to return to active duty in the same category and area of health of origin will be held or, if this is not possible, in areas bordering it.

Article 66. Leave to provide services in the public sector.

1. The statutory staff shall be declared on leave for the provision of services in the public sector:

(a) When they provide services in another category of statutory staff, as an official or as a workforce, in any of the public administrations, unless they have obtained the appropriate compatibility authorisation.

b) When they provide services in public bodies and do not correspond to them in another situation.

2. For the purposes of the preceding paragraph, those entities in which the direct or indirect participation of the public authorities is equal to or greater than 50% or, in any case, in the public sector should be considered to be included in the public sector. case, where the same holds an effective control situation.

3. The statutory staff surplus for the provision of services in the public sector shall not be paid, and the length of stay in this situation shall be recognised for the purposes of triennial and professional career, where appropriate, when they re-enter the active service.

Article 67. Voluntary leave.

1. The situation of voluntary leave shall be declared on its own initiative or at the request of the person concerned, according to the following rules:

(a) Voluntary leave may be granted to statutory staff at the request of a particular interest.

In order to obtain this situation, it will be necessary to have provided effective services in any of the public administrations during the five years immediately preceding it.

The granting of voluntary leave in the particular interest shall be subject to the needs of the service, with the reasons, where appropriate, of their refusal.

Voluntary leave may not be granted for the particular interest to which he is subject to a disciplinary file.

(b) Voluntary leave by family grouping shall be granted to statutory staff who so request and whose spouse resides in another locality outside the scope of the appointment of the person concerned, for having obtained and being performing a fixed position as a National Health System staff, as a career officer or workforce of any public administration.

(c) Declare of trade on voluntary leave to the statutory staff when, at the end of the cause which determined the pass to a situation other than that of the asset, they do not comply with the obligation to request the return to the service active within the period to be determined in each health service.

2. In the cases referred to in paragraphs (a) and (c) of the preceding paragraph, the minimum length of stay in the situation of voluntary leave shall be two years.

3. Statutory staff in a situation of voluntary leave shall not be paid, nor shall the time remaining in such a situation be taken into account for the purposes of professional or triennial career.

Article 68. Suspension of functions.

1. The staff declared in the situation of firm suspension shall be deprived during the time of their stay in the exercise of their duties and of all the rights inherent in their condition.

2. The firm suspension will determine the loss of the job when it exceeds six months.

3. The firm suspension shall be imposed on the basis of a judgment given in criminal proceedings or under disciplinary sanction.

The suspension for criminal conviction will be imposed as a penalty, in the terms agreed upon in the sentence.

A firm suspension for disciplinary sanction may not exceed six years.

4. Staff declared in the situation of a firm suspension of duties may not provide services in any public administration, public bodies or public law entities which are or are linked to or linked to them. public entities subject to private law or health foundations, during the time of penalty or penalty compliance.

Article 69. Reentry to the active service.

1. As a general rule, re-entry to the active service will be possible in any health service through the voluntary mobility procedures referred to in Article 37 of this Law.

2. The return to the active service shall also be carried out in the health service of the person concerned, on the occasion of vacancy and provisional character, in the territorial area and under the conditions that are determined in each health service. The provisional position shall be included in the first call for voluntary mobility to be carried out.

3. Without prejudice to Article 19 (c) of this Law, where the circumstances of the case so advise, at the discretion of each health service, institution or centre of destination, the professional who is reinstated in the service may be provided (a) the implementation of a specific programme of further training or updating of the knowledge, techniques, skills and skills necessary to properly exercise their profession or to develop the activities and functions derived therefrom; of his appointment. The monitoring of this programme will not affect the situation or the economic rights of the person concerned.

CHAPTER XII

Disciplinary regime

Article 70. Disciplinary responsibility.

Statutory staff will incur disciplinary responsibility for the faults you commit.

Article 71. Principles of disciplinary authority.

1. The disciplinary regime will respond to the principles of typicity, effectiveness and proportionality throughout the National Health System, and its procedure, to those of immediacy, procedural economy and full respect for the rights and guarantees corresponding.

2. The competent bodies of each health service shall exercise disciplinary authority for the offences committed by its statutory staff, without prejudice to any liability, civil or criminal liability that may arise from such offences.

3. The disciplinary authority corresponds to the health service in which the person concerned is providing services at the time of the commission of the fault, regardless of the health service in which he initially obtained his appointment. The penalties which, if any, will be imposed will have validity and effectiveness in all health services.

4. Where the investigation of a disciplinary case results in the existence of a sound evidence of criminality, its processing shall be suspended by bringing it to the attention of the Prosecutor's Office.

5. The facts found proven by firm court rulings link health services.

6. Only actions or omissions which, at the time of occurrence, constitute a disciplinary offence may be sanctioned. The rules defining infringements and penalties shall not be subject to an analogue application.

7. Between the offence committed and the sanction imposed must be proportionate.

8. Cancellation of disciplinary penalties will prevent the appreciation of recidivism.

Article 72. Classes and prescription of faults.

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

2. They're very serious fouls:

(a) Failure to respect the Constitution or the respective Statute of Autonomy in the exercise of its functions.

(b) Any action involving discrimination on the basis of ideological, moral, political, trade union, race, language, gender, religion or economic, personal or social circumstances, both on staff and on users; or the condition under which they access the services of the institutions or health centres.

c) The failure of due reservation with respect to data relating to the institution or institution or to the personal privacy of the users and to the information related to their process and stay in the institutions or health centres.

d) Service abandonment.

e) Lack of assistance for more than five days continued or the accumulation of seven faults in two months without authorization or justified cause.

f) The notorious non-compliance with their functions or regulatory standards for the operation of services.

g) Obvious and manifest disobedience to the orders or instructions of a direct, immediate or immediate superior, issued by him in the performance of his duties, unless they constitute a manifest and clear infringement and terminant of a precept of a law or of another provision of a general nature.

h) The notorious lack of performance that behaves inhibition in the performance of their functions.

i) The refusal to participate actively in the special measures taken by public administrations or health services when required by health reasons of urgency or necessity.

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

k) The performance of manifestly illegal actions in the performance of their duties, where they cause serious injury to the Administration, to the institutions and to health centres or to the public.

l) Failure to comply with the rules on incompatibilities, when it involves the maintenance of an incompatibility situation.

m) The prevalence of the status of statutory staff to obtain an undue benefit for themselves or for third parties, and in particular the requirement or acceptance of compensation by those who provide services or materials to the centres or institutions.

n) Acts aimed at preventing or coarking the free exercise of fundamental rights, public freedoms and trade union rights.

n) The performance of acts aimed at the free exercise of the right to strike or to prevent the proper functioning of the essential services during the strike.

o) Serious aggression to any person with whom they relate in the exercise of their duties.

p) Sexual harassment, when it involves aggression or blackmail.

q) The requirement of any kind of compensation for the services provided to the users of the health services.

r) The use of the premises, facilities or equipment of the institutions, centres or health services for the performance of activities or functions other than those services.

s) The direct induction, to another or others, to the commission of a very serious lack, as well as the cooperation with an act without which a very serious fault would not have been committed.

t) The arbitrary excess in the use of authority that causes serious injury to subordinate personnel or service.

u) The refusal expresses to make use of the available means of protection and to follow the established recommendations for the prevention of occupational risks, as well as the negligence in the compliance of the provisions on security and health at work by those who have the responsibility to enforce them or to establish adequate means of protection.

3. They will have serious faults:

a) The lack of obedience due to superiors.

b) Abuse of authority in the exercise of its functions.

(c) Failure to comply with its functions or regulatory standards for the operation of services where it does not constitute a very serious failure.

d) Serious disregard for superiors, peers, subordinates, or users.

e) Sexual harassment, when the active subject of harassment believes with his or her conduct an intimidating, hostile or humiliating work environment for the person who is the subject of the harassment.

f) Damage or deterioration in facilities, equipment, instruments or documentation, when produced by inexcusable negligence.

g) The lack of performance that affects the normal operation of the services and does not constitute a very serious fault.

(h) Failure to comply with deadlines or other procedural provisions in the field of incompatibilities, where it does not involve the maintenance of an incompatibility situation.

i) The unjustified non-compliance of the working day that, accumulated, involves more than 20 hours per month.

j) Actions or omissions aimed at evading the time control systems or to prevent the unjustified breaches of the working day from being detected.

k) The unjustified lack of assistance for more than three days continued, or the accumulation of five faults in two months, computed from the first fault, when they do not constitute a very serious fault.

l) Acceptance of any type of consideration for the services provided to the users of the health services.

(m) negligence in the use of the means available and in the monitoring of the rules for the prevention of occupational risks, where appropriate information and training and the technical means indicated, as well as the neglect of compliance with the provisions on safety and health at work by those who do not have the responsibility to enforce them or to establish adequate means of protection.

n) The cover-up, consent or cooperation with any act to the commission of very serious faults, as well as the direct induction, to another or others, to the commission of a serious lack and the cooperation with an act without which a fault serious would not have been committed.

4. They will have minor faults:

(a) unjustified non-compliance with working hours or working hours, where it does not constitute a serious fault.

b) Lack of unjustified assistance when it does not constitute a serious or very serious fault.

c) Incorrectness with superiors, peers, subordinates, or users.

d) Neglect or negligence in the performance of their duties when it does not affect health, administration or user services.

e) Neglect in compliance with the express provisions on safety and health.

(f) Failure to fulfil their duties or obligations, where it does not constitute a serious or very serious fault.

g) Cover-up, consent or cooperation with any act to the commission of serious misconduct.

5. Autonomous communities may, by law, establish other faults in addition to the ones defined in the preceding paragraphs.

6. Very serious faults will be prescribed at four years, the serious ones at two years and the mild ones at six months. The limitation period shall begin to be counted after the failure has been committed and shall be interrupted from the notification of the initiation agreement of the disciplinary procedure, returning to running again if more than three were paralyzed. months for reasons not attributable to the data subject.

Article 73. Classes, annotation, prescription and cancellation of penalties.

1. The faults will be corrected with the following penalties:

a) Separation of the service. This sanction will result in the loss of the status of statutory staff and will only be imposed by the commission of very serious misconduct.

For the six years following its execution, the data subject may not be eligible for selection tests to obtain the status of fixed statutory staff, nor to provide services as temporary statuesque staff.

Furthermore, during that period, it will not be able to provide services in any public administration or in public bodies or in public law entities that are dependent on or linked to them or in public entities subject to private law and health foundations.

b) Forced transfer with a change of locality, without the right to compensation and with a temporary ban on participation in mobility procedures to be re-incorporated into the locality of provenance up to a maximum of four years. This penalty may only be imposed as a result of very serious misconduct.

c) Suspension of functions. Where this penalty is imposed for very serious offences, it shall not exceed six years and shall not be less than two years. If he is charged with serious misconduct, he shall not exceed two years. If the suspension does not exceed six months, the person concerned shall not lose his/her destination.

d) Forced transfer to another institution or centre without change of locality, with a temporary ban, up to a maximum of two years, to participate in mobility procedures to be re-incorporated into the centre of provenance. This sanction may only be imposed as a result of serious misconduct.

e) Perception, which will always be in writing, and will only be imposed for minor faults.

2. The autonomous communities, as appropriate, may, in each case, establish other sanctions or replace those referred to in the previous paragraph.

3. The specific determination of the penalty, within the meaning of paragraph 1, shall be made taking into account the degree of intentionality, carelessness or negligence revealed in the conduct, the damage to the public interest, quantifying it in economic terms where possible, and reiteration or recidivism.

4. Penalties imposed for very serious offences shall be imposed at four years of age, those imposed for serious misconduct at two years of age and six months for minor offences.

The limitation period will begin to be counted from the firmness of the sanction resolution or since the enforcement of the sanction has been broken when its execution has already begun. It shall be interrupted when the person concerned starts the procedure for the execution of the penalty imposed and shall return to running again if the procedure is brought to a standstill for more than six months for reasons not attributable to the person concerned.

5. Firm disciplinary sanctions that are imposed on statutory staff will be noted in your personal file. The entries shall be cancelled ex officio in accordance with the following periods, computed from the completion of the penalty:

a) Six months for penalties imposed for minor faults.

b) Two years for penalties imposed for serious misconduct.

c) Four years for penalties imposed for very serious faults.

6. In no case will the cancelled annotations be computed for recidivism purposes.

Article 74. Disciplinary proceedings.

1. No penalty may be imposed by the committee for very serious or serious misconduct, but by the procedure laid down in the relevant public administration.

For the imposition of penalties for minor faults, the prior instruction of the procedure referred to in the preceding paragraph shall not be required, except for the processing of the accused, which must be evacuated in any event.

2. The disciplinary procedure shall be adjusted, in all health services, to the principles of speed, immediacy and procedural economics, and shall guarantee the person concerned, in addition to those recognised in Article 35 of Law 30/1992, of 26 The following rights, of the Legal Regime of Public Administrations and of the Common Administrative Procedure:

a) To the presumption of innocence.

b) To be notified of the appointment of an instructor and, if applicable, secretary, as well as to challenge them.

(c) To be notified of the facts imputed, of the infringement they constitute and of the sanctions which, if any, may be imposed, as well as of the sanction resolution.

d) To make allegations at any stage of the procedure.

e) To propose how many tests are appropriate for the determination of the facts.

f) To be advised and assisted by union representatives.

g) To act as a lawyer.

Article 75. Provisional measures.

1. As a precautionary measure, and during the processing of a disciplinary file for serious or very serious misconduct or a judicial file, the provisional suspension of the duties of the person concerned may be agreed by a reasoned decision.

2. Where the provisional suspension takes place as a result of disciplinary proceedings, it shall not exceed six months, except in the case of a cessation of the procedure attributable to the person concerned.

During the provisional suspension, the person concerned shall receive the basic remuneration. You will not be credited with any failure to appear in the procedure.

If the case ends with the service separation penalty or with the suspension of functions, its effects will be rolled back to the start date of the interim suspension.

If the case does not end with the suspension of functions or the separation of the service occurs, the data subject will be rejoined to the active service in the manner in which it is established in the corresponding resolution and will be entitled the perception of the remuneration left to be received, both basic and complementary, including those of a variable nature which could have been the case.

3. The provisional suspension, as a precautionary measure, may be agreed upon when a self-processing or an opening of an oral trial has been issued in accordance with the criminal procedural rules, whatever the case may be.

In this case, the duration of the provisional suspension shall be extended, at most, until the decision of the procedure and the person concerned shall be entitled to the receipt of the basic remuneration under the conditions laid down in the Previous section.

4. The provisional suspension shall be declared, without the right to receive remuneration, on the grounds of the processing of a judicial procedure and for the duration of the provisional imprisonment or other measures decreed by the judge, provided that they determine the impossibility of carrying out the functions arising from the appointment for more than five consecutive days.

5. The autonomous communities may, by means of the rule that is appropriate, establish other provisional measures for the assumptions provided for in this Article.

CHAPTER XIII

Incompatibilities

Article 76. General scheme.

Statutory staff shall be required to apply the incompatibilities established in general to civil servants, with the specific rules laid down in this law. In relation to the system of compatibility between health and teaching functions, this will be in line with existing legislation.

Article 77. Specific rules.

1. It will be compatible to enjoy grants and aid for the extension of studies granted under competitive competition under official programmes for the training and improvement of staff, provided that the participation in such actions is requires the prior favourable proposal of the health service in which it is intended and that the basis of the call does not establish the contrary.

2. In the field of each health service, appropriate arrangements shall be made to enable the specific complement to be waived by the licensed health personnel.

For these purposes, health services shall regulate the assumptions, requirements, effects and procedures for such application.

3. The retirement pension for a public social security scheme shall be compatible with the situation of the staff emeritus referred to in the fourth supplementary provision.

The remuneration of the staff members, who are added to their retirement pension, may not exceed the remuneration which the person concerned received before retirement, all of which were considered as an annual calculation.

4. The receipt of a partial retirement pension shall be compatible with the remuneration resulting from a part-time activity.

CHAPTER XIV

Representation, participation and collective bargaining

Article 78. General criteria.

It will apply to the statutory staff, in matters of representation, participation and collective bargaining for the determination of their working conditions, the general rules contained in Law 9/1987, of 12 of In June, representatives of representatives, determination of the conditions of work and participation of the staff in the service of the public administrations, and provisions of development, with the peculiarities that are established in this law.

Article 79. Negotiating table tables.

1. The collective bargaining of the working conditions of the statutory staff of the health services will be carried out through the representative capacity recognized to the trade union organizations in the Constitution and in the Organic Law 11/1985, of 2 August, on Freedom of Association.

2. In the field of each health service, a sectoral negotiating table will be set up, in which representatives of the corresponding public administration or health service and the most representative trade union organizations will be present. at the state level and the autonomous community, as well as those who have obtained 10 percent or more of the representatives in the elections for delegates and staff meetings in the health service.

Article 80. Pacts and agreements.

1. Within the negotiation tables, the representatives of the Administration or health service and the representatives of the trade union organizations will be able to conclude agreements and agreements.

The pacts, which will be of direct application to the affected staff, will deal with matters that correspond to the competence of the body that underwrite them.

The agreements shall relate to matters whose competence corresponds to the governing body of the public administration and, in order to be effective, they shall specify the prior, express and formal approval of the said organ of government.

2. The following matters shall be the subject of negotiation in the terms of Chapter III of Law 9/1987 of 12 June:

(a) The determination and application of the remuneration of statutory staff.

b) Training plans and funds.

c) Social action plans.

(d) The subjects relating to the selection of statutory staff and the provision of places, including the overall job offer of the health service.

e) The regulation of working time, time of work and regime of breaks.

f) The permit and license regime.

g) Human resource management plans.

h) Professional career systems.

i) Materials related to the prevention of occupational risks.

j) Proposals on the application of trade union and participation rights.

k) In general, how many subjects affect the working conditions and the scope of relationships of the statutory staff and their trade union organizations with the public administration or health service.

3. Collective bargaining shall be governed by the principles of good faith and the willingness to negotiate, the parties being provided with the information necessary for the effectiveness of the negotiation.

4. Decisions of the public administration or the health service affecting their organization, the exercise of rights by the public and the procedure for the formation of the public authorities are excluded from the obligation to negotiate. acts and administrative provisions.

When the decisions of the Administration or health service that affect its powers of organization may have an impact on the working conditions of the statutory staff, the consultation of the organizations trade union members present at the relevant negotiating table.

5. It shall be for the Government, or the Governing Councils of the Autonomous Communities, in their respective fields, to lay down the working conditions of the Staff Regulations where no agreement is reached in the negotiation or the approval is not reached. express and formal referred to in paragraph 1 of this Article.

Additional disposition first. Application of the basic rules of this law in the Community of Navarra.

The basic provisions of this law will apply in the Autonomous Community of Navarre in the terms laid down in Article 149.1.18.a and in the additional provision of the Constitution and in the Organic Law 13/1982, of 10 of August, of Reintegration and Improvement of the Foral Regime of Navarra.

Additional provision second. Day and rest of the centers of the National Health System.

The working time and rest arrangements set out in Section 1.a of Chapter X of this Law shall apply to the health personnel referred to in Article 6, whatever the legal link in their employment relationship, of the health centres and services managed directly by health services.

In addition, this system will be applicable, either in an extra capacity in the absence of regulation on working hours and breaks in the collective agreements in each applicable case, either directly if the regulation of this law is more beneficial than the provisions of those conventions, to staff of the centres linked to or in agreement with the National Health System, where such centres are formally incorporated into a public health network.

Additional provision third. Access to public administration posts.

The statutory staff of the health services may access posts corresponding to official staff within the services of the public administrations, in the form and with the requirements that are provided for in the rules on applicable public function.

The statutory staff who perform these posts shall be entitled to receive the remuneration corresponding to them in the manner in which they are established by the rules of the relevant public administration.

Additional provision fourth. Emeritus appointments.

Health Services may appoint, by way of exception, staff emeritus among retired healthcare graduates when the relevant merits of their professional curriculum so advise.

Emeritus staff will perform consulting, reporting, and teaching activities.

Additional provision fifth. Staff integrations.

In order to homogenize the employment relationships of the personnel of each of the centers, institutions or health services, and in order to improve the efficiency in the management, the public health administrations will be able to establish procedures for direct integration, on a voluntary basis, in the condition of statutory staff, in the equivalent category and qualification, of those who serve in such centres, institutions or services with the status of career officer or under a fixed employment contract.

Also, procedures may be established for the direct integration of temporary employment staff and interim official in the condition of temporary statutory staff, in the category, qualification and modality corresponds.

Additional provision sixth. Relations of the statutory regime with other systems of staff of public administrations.

In the field of each public administration, and in order to achieve a better use of existing human resources, it will be possible to establish the assumptions, effects and conditions in which the statutory staff of the services (a) health may be provided without distinction in the fields of application of other statutes of public sector staff.

Additional provision seventh. Ratings for the professional exercise.

The provisions of Article 30.5.b) and the other provisions of this law shall not affect the rights of those who, without holding the corresponding academic title, are legally or legally authorized or authorized to the the exercise of a particular profession, which may have access to the corresponding appointments and shall be integrated into the classification group which corresponds to that appointment.

Additional disposition octave. Health services.

Whenever references to health services are made in this law, the body or the managing body of the health services of the General Administration of the State, as well as the competent body of the health services, shall be considered as autonomous community when its corresponding health service is not the direct holder of the management of certain institutions or institutions.

Additional provision ninth. Linked places.

The related places referred to in Article 105 of the General Health Law shall be provided by the systems established by the applicable specific rules, without prejudice to the fact that their holders are included in the the scope of this law as regards the provision of services in healthcare facilities.

Additional provision 10th. Application of this law in administrative services.

Health services may establish the application of the statutory regime provided for in this law to the administrative and management structures of the respective health service.

Additional provision eleventh. Social Institute of the Navy.

The provisions of this law shall apply to the statutory staff of the Social Institute of the Navy.

Additional disposition twelfth. Collaboration agreements on mobility issues.

Healthcare Administrations will be able to formalize collaboration agreements to enable career civil servants and fixed statutory health services to access, indistinctly, the procedures of voluntary mobility established for both types of staff.

Additional disposition thirteenth. Military health network.

1. Military personnel who provide their services in the centres, establishments and health services integrated into the Military Health Network shall be governed by their specific rules, without the provisions of this law being applicable to them.

2. The Ministry of Defence may agree with the Ministry of Health and Consumer Affairs on the requirements and procedures to enable the mutual use of the information contained in the staff records for the centres and services. Health National System and the Military Health Network.

Additional disposition fourteenth. Social security of statutory staff with part-time appointment.

The statutory staff with a part-time appointment referred to in Article 60 of this Law shall be required to apply the additional seventh provision of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June and the provisions laid down in its development.

First transient disposition. Gradual application of the working day to staff in training by residence.

The limitation of the working time provided for in Article 48.2 of this Law will apply to health workers in training as specialists through residence, both in public and private institutions accredited to the teaching, according to the following rules:

a) 58 hours a week of average annual computation, between August 1, 2004, and July 31, 2007.

b) 56 weekly average hours in half-yearly computation, between 1 August 2007 and 31 July 2008.

c) From 1 August 2008, the general limitation of 48 hours per week shall apply to this staff.

Second transient disposition. Equating to the classification groups of civil servants.

As long as the general classification of civil servants is maintained and the criteria for equivalence of the qualifications laid down in Article 25 of Law 30/1984 of 2 August, of Measures for the Reform of the Function Public, statutory staff, for remuneration and functional purposes, shall have the following equalisation:

(a) The staff referred to in Article 6.2.a). 1. º and 2. º, to group A.

(b) The staff referred to in Article 6.2.a). 3. º and 4. º, to group B.

(c) The staff referred to in Article 6.2.b). 1. º, to group C.

(d) The staff referred to in Article 6.2.b). 2. º, to group D.

(e) The staff referred to in Article 7.2.a). 1. º, a). 2. º, b). 1. º, b). 2. and (c), groups A, B, C, D and E, respectively.

Transitional provision third. Quota and zone staff.

In the form, period and conditions that in each health service, if any, be determined, the personnel who perceive the system of quota and zone will be able to integrate into the system of delivery of services, of dedication and of remuneration as set out in this law.

Transitional disposition fourth. Adapting to the new situation system.

The statutory staff fixed that the entry into force of this law is not in an active service situation, may remain in the same situation in which it is located with the effects, rights and duties resulting from it and As long as they remain the causes which, at the time, motivated their concession.

The return to the active service will occur, in any case, in accordance with the regulatory rules of the service at the time the re-entry occurs.

Transient disposition fifth. Calls for processing.

The procedures for the selection of statutory staff and the provision of places covered by Law 16/2001 of 21 November, establishing an extraordinary process of consolidation and provision of staff places the statutory, and in the equivalent rules of the Autonomous Communities, shall be processed in accordance with the provisions laid down in those rules.

Transitional disposition sixth. Gradual application of this law.

1. Notwithstanding the provisions laid down in the third and final repeal provisions, the provisions of this law, which are set out below, will produce effects in the form indicated:

(a) The provisions of Articles 40 and 43 of this Law shall enter into force in each health service, where this is established in the rules referred to in Article 3 thereof. As such, such entry into force shall be maintained in force, in each health service and without a basic character, the rules provided for in the derogation provision (1) (b), or the equivalents of each autonomous community.

(b) The provisions relating to professional categories of statutory staff and to the functions of the staff contained in the rules shall be maintained as appropriate for each health service. provided for in the derogation provision (1) (e), (f) and (g).

(c) It shall remain in force, with regulatory and non-basic status, and as long as it is amended in each health service, the standard referred to in the repeal provision unica.1.d).

(d) The social benefits provided for in the provisions referred to in paragraphs (e), (f) and (g) of the single derogation provision (1) shall be maintained only in respect of those who have subjective rights already acquired to such benefits at the time of entry into force of this law.

2. The maximum limit of 150 hours per year fixed in the second paragraph of Article 49.1 of this Law shall be applied progressively for the 10 years following its entry into force, in the form determined by the Government by means of a royal decree, adopted prior to the report of the Human Resources Commission of the National Health System. This report, which will have to be drawn up within 18 months of the entry into force of this rule, will analyse in detail the implications of the functional organisation of health centres in the financing of the services provided by the health and the needs of specialists, it will have the implementation of the indicated limitation, as well as the possible exceptions to it deriving from the island fact and the measures that it would be appropriate to adopt in function of all this. Similarly, the report will analyse the economic impact of a progressive adaptation of the working day of health centres and services to the current one in general in the rest of the public services.

For the preparation of the report referred to in the previous paragraph, the Human Resources Commission of the National Health System will seek the opinions of experts from the health administrations, health services, and trade union organisations.

Transitional disposition seventh. Transitional retirement scheme.

The statutory staff, who at the entry into force of this law would have been 60 years of age, may, on a voluntary basis, extend their retirement age until they reach 35 years of social security contributions, with the limit of a maximum of five years over the age laid down in Article 26.2 of this Law, provided that it is accredited that it fulfils the functional capacity necessary to pursue the profession or to carry out the duties corresponding to its appointment.

Single repeal provision. Repeal of rules.

1. The following shall be repealed, or shall be considered, where appropriate, to be inapplicable to the statutory staff of the health services, as many provisions of equal or lower rank are opposed or contradicted by the provisions of this law and, in particular, the following:

(a) Article 84 (1) of Law 14/1986, of 25 April, General of Health.

b) Royal Decree Law 3/1987 of 11 September on the remuneration of statutory staff of the National Institute of Health, and the provisions and agreements that complement and develop it.

c) Law 30/1999, of 5 October, of selection and provision of seats of statuesque staff of health services.

d) The Royal Decree Law 1/1999, of 8 January, on the selection of statutory staff and the provision of places in the health institutions of Social Security.

e) The legal status of the medical staff of Social Security approved by Decree 3160/1966 of 23 December, and the provisions amending, supplementing and developing it.

(f) The Staff Regulations of non-medical staff of the health institutions of social security approved by the Order of 26 April 1973, with the exception of Article 151 thereof, and the provisions amending it, complement and develop.

(g) The Staff Regulations of non-sanitary personnel of the health institutions of the Social Security approved by the Order of 5 July 1971, and the provisions amending, supplementing and implementing it.

2. The entry into force of this law will not entail the modification or repeal of the agreements and agreements in force in those aspects that do not oppose or contradict the provisions of the law.

Final disposition first. Competency enablement.

1. The provisions of this law are dictated by Article 149.1.18.a of the Constitution, which is why they constitute bases of the statutory regime of the personnel included in its scope.

2. The second provision is also given under Article 149.1.16.a of the Constitution, and its forecasts are therefore a basis for health.

3. Except as provided for in paragraph 1 above, the second provision, second, as regards staff with a working relationship between the health centres to which it relates, and the first transitional provision, which are given under cover of Article 149.1.7.a of the Constitution.

Final disposition second. Reports on funding.

The interministerial collegiate body provided for in the final provision of Law 16/2003, of 28 May, of Cohesion and Quality of the National Health System, will inform preceptively those matters arising from the application of this law.

Without prejudice to the financial responsibility of the Autonomous Communities in accordance with the provisions of Law 21/2001 of 27 December 2001, and in accordance with the principle of institutional loyalty in the terms of Article 2 (1) (e) of The Organic Law 8/1980, of 22 September, of Financing of the Autonomous Communities, the report prepared will be presented by the collegiate body to the Interterritorial Council of the National System of Health. For its part, the Ministry of Finance will move this report to the Fiscal and Financial Policy Council, to carry out its analysis, in the context of this principle of institutional loyalty and, if necessary, propose the necessary measures to ensure financial balance.

Final disposition third. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

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

Madrid, 16 December 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ