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Resolution On July 2, 2014, The Ministry Of Justice, Which Modifies The One Of 5 December 1996, By Which Dictate Instructions On The Day And Schedules In The Field Of The Administration Of Justice.

Original Language Title: Resolución de 2 de julio de 2014, de la Secretaría de Estado de Justicia, por la que se modifica la de 5 de diciembre de 1996, por la que se dictan instrucciones sobre la jornada y horarios en el ámbito de la Administración de Justicia.

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This Resolution has been amended several times, although in order to clarify the specific regulation of the working time and rest of the medical examiners, the Spanish legislator again values the The aim of this group is to bring about a new definition of this collective's working time in order to bring it into line with the parameters set out in Directive 2003 /88/EC on certain aspects of the organisation of working time. ensure that they are entitled to rest in line with health and safety policies at work.

in view of the fact that medical examiners, with the exception of one-off exceptions, are not destined for the courts but at the institutes of legal medicine, the resolution of 5 December 1996 should be adapted to the Community guidelines by means of a more specific regulation and greater supervision of working hours effectively provided by these officials so that they do not exceed 48 hours a week in a six-month period and that they are guarantee the right to the weekly and daily uninterrupted rest provided for in the legislation

Also, some variations have been made in the wording of certain paragraphs of the general regulation of the working day and hours of the rest of the staff of the Administration of Justice, in order to adapt them to the requirements of the Directive.

Consequently and in order to contribute to the better functioning of the Administration of Justice I have:

Single item.

The seventh point of the Resolution of 5 December 1996, of the Secretariat of State of Justice, is worded as follows:

" Seventh. Guard Service.

1. On-call service in judicial parties with 33 or more Instruction Courts:

(a) In the judicial parties that have more than thirty-three or more Courts of Instruction, the regular duty service will begin at nine hours, all the officials remaining uninterrupted until the Twenty-one hours, without more absences than those forced by the need to practice the outside and the essential to carry out the meals, without being able to exceed one hour and thirty minutes for the meal.

After twenty-one hours, only the judicial clerk and a reduced staff of a medical examiner, a procedural manager, a procedural and a judicial assistant will remain in the judicial branch. The Court of the Court of the European Court of the European Court of the European Court of The holder of the body may, if necessary, agree to the extension of that allocation. The other personnel of the court, as well as that of the other courts of call, shall cease to the extent that they conclude their actions in the cases they have received before and are in the process of being dealt with.

Officials who have stayed at the local court from the age of 21 will not work on the day of departure from the guard, and if it coincides on Saturday, the rest day would be moved to Monday.

b) The officials of the court of instruction set up as a duty-guard service for fault, who shall remain from nine hours until the age of 21, shall have a maximum of one hour and 30 minutes for the food.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

2. On-call service in judicial parties with 13 or more courts of instruction:

(a) The provision of the service of an ordinary guard, of forty-eight hours, in judicial parties which have thirteen or more courts of instruction, shall be carried out in the same manner as that laid down in paragraph 1.a. This resolution.

b) The officials of the court of instruction, constituted in the service of a guard against the prosecution of faults, who remain from nine to 19 hours, shall have a maximum of one hour and thirty minutes, for the food.

The rest of the template, which is not included in this on-call shift, will perform the general schedule established for the scope of the Administration of Justice.

3. On-call service in judicial parties with 10 or more courts of instruction:

(a) The provision of the regular guard service shall be carried out in the same manner as that provided for in paragraph 1.a) of this resolution.

(b) The provision of the on-call service, constituted for immediate prosecution of faults, shall be carried out in the same manner as that laid down in paragraph 2.b) of this resolution.

4. Guard services in judicial parties with 8 or more courts of instruction:

(a) The regular duty service to be provided by a court of instruction, on a weekly basis, shall be carried out on a working day basis, acting from nine to fourteen hours, in the hours of tomorrow and from seventeen to Twenty hours in the afternoon, from Monday to Saturday. On Sundays and holidays, the court of duty shall serve ten to fourteen hours.

Out of the expressed schedule, they will remain in a situation of continuous location, in order to respond promptly to any incident of the guard service that could be raised.

Template officials who have performed that on-call service will not work the next day of the guard exit.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

(b) The provision of the on-call duty service, for the immediate prosecution of faults, shall be carried out in the same manner as that laid down in paragraph 2.b) of this resolution.

5. On-call service at the Central Courts of Instruction.

The provision of the weekly stay-on-call service shall be carried out in the same manner as that provided for in paragraph 4 (a) of this resolution by a judicial secretary, a medical examiner, a procedural manager, two Procedural and judicial auxiliaries.

6. On-call service in the remaining judicial parties, in which there is separation of jurisdictions or which have four or more courts of first instance and instruction.

The provision of the eight-day on-call service in these judicial parties will be carried out on a day-to-day basis, acting from nine to fourteen hours, in the morning, from Monday to Saturday, and on a rotating basis between the officials of the guard from Monday to Saturday from seventeen to twenty hours and Sunday from ten to fourteen hours.

Likewise, the schedule of the action of the guard service of the eighth day, which will be dedicated to the immediate prosecution of the faults, will be nine to fourteen hours, in hours of tomorrow and seventeen to twenty hours, in session of afternoon.

Out of the expressed schedule, they will remain in a situation of continuous location, in order to respond promptly to any incident of the guard service that could be raised.

The official who would have been responsible for Sunday's guard will have the right to rest the day after the guard, to guarantee the right to rest for 35 hours a week.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

7. The on-call service in judicial parties with two or three courts of first instance and instruction.

The provision of the on-call service, of eight days of availability, in these judicial parties, will be provided during the ordinary working day of the court that is in turn, without the same experience being altered. some.

Outside this day, the guard personnel will remain in a situation of availability and in conditions of continuous location, in order to attend to any incidents of their own guard service that could be removed, in which case they shall be incorporated immediately. However, the working hours of these officials on duty, during the eighth day, shall be nine to fourteen hours, in the hours of tomorrow, and seventeen to twenty hours, in the afternoon session.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

8. The on-call service in court parties that have a single Court of First Instance and Instruction.

In those judicial parties in which there is a single court of first instance and instruction the on-call service will be provided continuously during the ordinary working day without the same experiencing alteration. some.

Out of the established day the guard personnel who will correspond to them will remain in a situation of availability and continuous location to attend to any incidence of the service of guard that may be raised, in which case they will be incorporated immediately.

9. On-call services in populations with four or more child courts:

(a) The on-call service shall be provided on a weekly basis and for the provision of this service outside the ordinary day the guard personnel who will correspond to them shall remain in a situation of availability and in conditions of continuous location to provide timely service to any incidents of the on-call service that may arise, in which case they shall be immediately incorporated.

(b) In the event that the on-call service is a three-day stay of the courts of minors, the guard personnel who, in turn, correspond to them, shall perform them in the presence of nine to twenty-one hours and from Twenty-one hours until nine hours the following day, they shall be in a situation of availability and in conditions of continuous location, in order to take into account any incidents of the guard service which may be raised, in whose case will be immediately incorporated.

The officials to whom the duty shift corresponds, shall have a maximum of one hour and thirty minutes for the meal.

The rest of the template that is not included in this guard shift will perform the general schedule set for the scope of the Administration of Justice.

10. Twenty-four-hour special on-call service to attend to any incidence arising from the Organic Law Regulatory of the Criminal Responsibility of the Minors.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Prosecutor's Office, a guard will be established Twenty-four hours in the capitals of the provinces of Barcelona, Madrid, Valencia and Seville.

The provision of such a service by the guard staff, who shall correspond to him, shall be present from nine to twenty-one hours, having a maximum of one hour and thirty minutes for the meal. After twenty-one hours and if the prosecutor's office considers it appropriate, he/she may leave a limited number of staff up to nine hours the following day, remaining the rest in a situation of availability and in conditions of continuous location, in order to take care of any incidents of the on-call service, which may be raised, in which case they will be immediately incorporated into the service.

Officials who have stayed at the local prosecutor's office starting at twenty-one hour will not work on the day of departure from the guard, and if it coincides on Saturday, the rest day would be moved to Monday.

11. Special service of weekly guard of permanence and availability, in order to attend to any incidence that is derived from the Organic Law Regulatory of the Criminal Responsibility of the Minors.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law Regulatory of the Criminal Responsibility of the Minors, the intervention of the Fiscal Ministry will be established:

(a) A service of a permanent guard, on a weekly basis, on a working day basis, from nine to fourteen hours and from seventeen to twenty hours, from Monday to Saturday, as well as on Sundays and holidays from ten to fourteen hours, remaining outside of the expressed margins in the situation of availability and in conditions of continuous location, to be carried out by the personnel of the guard that corresponds to him, in the fiscalas of the following capitals of province:

Zaragoza, Ceuta, Melilla, Santa Cruz de Tenerife, Las Palmas de Gran Canaria, Murcia, Malaga, Cadiz and Granada.

The provision of this on-call service shall be performed in the same manner as those laid down in paragraph 4.a) of this resolution.

b) A service of availability on a weekly basis and in conditions of continuous location, to be carried out by the personnel of the guard who in turn correspond to the Fiscalas of the rest of the provincial capitals and in the Office of the Prosecutor of the National Court.

The provision of this on-call service shall be performed in the same manner as those laid down in paragraph 8 of this resolution.

12. Weekly availability guard at the Office of the Prosecutor of the National Court and Special Prosecutor for the Repressure of the Illegal Drug Trafficking.

In the field of the National Court and the Special Prosecutor's Office for the Repression of the Illegal Drug Trafficking, a duty of availability service, weekly, will be established in the Office of the Prosecutor General of the National Court and in the Special Prosecutor's Office for the Repressure of the Illegal Drug Trafficking, for the attention of any incidence that may be presented outside the legally established working day.

The provision of this on-call service, by the staff who are responsible for it, shall be carried out in the same manner as those laid down in paragraph 8 of this resolution.

13. Stay guards on Sundays and holidays in the unique civil records.

This on-call service will be provided by a procedural manager of those intended for the sole civil records, in the hours of tomorrow from ten to fourteen hours.

When the guard is performed on Sunday, the procedural manager who has performed it will not work the next day after the guard exit.

14. Forensic doctors ' guards.

Without prejudice to the provisions of the above paragraphs, the guards of medical examiners for the legal medical institutes may be agreed upon, by resolution of the Directorate-General for Relations with the Administration of Justice or the relevant body of the competent autonomous community, in accordance with the following parameters:

-24-hour regular guard. It is provided from nine hours of the morning to nine hours the following day, from which they will remain from nine to twenty-one hours and the rest will be available.

-Stay guard for immediate prosecution of faults. It lends itself from nine to twenty-one hours on a stay-at-home basis.

-Eight-day stay guard, with eight-to-fifteen-hour stay-at-home hours Monday through Friday, and the rest of availability.

The provision of the on-call service may be fractionated in periods of less than eight days, if the needs of the service permit, in this case the remuneration shall be prorated for days.

-Weekly stay guard, with stay time from nine to fifteen hours Monday through Friday and the rest of availability.

The provision of the on-call service may be fractionated in periods of less than seven days, if the needs of the service permit and, in this case, the remuneration shall be extended for days.

-Eight-day availability guard, which will be performed on the regular working day and the rest of the availability.

-Guard weekly availability with stay time from nine to fourteen hours Monday through Friday and the rest of availability.

The rules set out in the preceding paragraphs may be adapted to each institute of legal medicine, depending on the size and organisation of the legal medicine, provided that the common rules of paragraph 16 are ensured, to address the needs of the service.

They have the right to enjoy the mandatory and paid rest day after the guard the medical examiners who have performed it under the 24-hour guard regime.

Medical examiners who have performed the weekly or eight-day stay and availability guard services will not work the day after the guard exit. In cases where the compulsory medical-forensic functions, which are derived from the on-call service, prevent the enjoyment of the rest day on the day following its completion, and in order to ensure the correct provision of the service in the institute of legal medicine, it may be enjoyed within ten working days following the conclusion of the same.

The possibility of this postponement in the enjoyment of the rest day for the next ten days will only be feasible if the availability guard allows the right to the weekly rest of thirty-five hours In the case of an uninterrupted period of reference of two weeks, and an uninterrupted daily rest of 11 hours. If not, and for exceptional situations where the guard does not allow the said rest, the medical examiner shall have a day of rest immediately after the completion of all the proceedings resulting from the guard.

In the event that the medical examiner was forced to make an exit during a guard of availability, that would prevent him from enjoying during the day of guard of eleven hours of uninterrupted rest, once completed the performance, will have the right to enjoy that rest, delaying the start of their next day in the time necessary to guarantee the effective rest of eleven uninterrupted hours since the end of the performance.

Medical examiners who perform duty guards with a stay of nine to twenty-one hours will have a maximum of one hour and thirty minutes for the meal.

15. Guards of the National Institute of Toxicology and Forensic Sciences:

a) In the Departments of Madrid, Barcelona and Seville of the Institute of Toxicology, a weekly stay-guard service will be provided.

The provision of this service by the optional staff, laboratory assistants or specialist laboratory technicians who, in turn, correspond to them, shall be carried out on a working day basis, acting from nine to fourteen hours, in the morning and from seventeen to twenty hours, in the afternoon session, from Monday to Saturday. On Sundays and holidays the schedule will be ten to fourteen hours.

Officials who have performed this on-call service will not work the next day of the on-call departure.

b) In the Tenerife delegation, a weekly availability guard service will be provided under continuous location conditions.

The Director General of Relations with the Administration of Justice, may agree, if he considers it appropriate, that in the departments of Madrid, Barcelona and Seville, the guard service will also be carried out in availability.

This on-call service shall be provided by the optional staff, laboratory assistant or specialist technicians who are in charge of this service, in the same way as the one set out in paragraph 8 of this resolution.

16. Common rules:

(a) It should be considered as time worked as a guard time with physical presence in the workplace, either the office or where the performance of the guard is performed.

In the case of availability guards it will be computed as a working time the time span that is dedicated to an effective intervention in response to a call for assistance, counting that intervention from the call for the provision of the on-call service by the official staff, until their return to the point of origin where the worker was at the time of being required for such action.

For all purposes, the physical presence in the office or the place where the work is performed, and the availability of the condition of continuous localization, is understood.

(b) The application of the rules set out in this Resolution must ensure that, in any event, the staff at the service of the Administration of Justice enjoy an uninterrupted daily rest of 11 hours uninterrupted 24-hour day, as well as a weekly rest period of thirty-five hours uninterrupted, taking into account a reference period of two weeks. In exceptional cases where such hours of rest cannot be enjoyed by the service needs resulting from the guard, a compensatory rest shall be recognised which shall immediately take place at the time of work being compensated.

(c) Officials in the organs and services of the Administration of Justice, as well as in the procuratorates, subject to the service of guards, will take turns, on a rotating basis, among all the personnel who make up the template.

d) During the time used for the food, in the guards that are performed uninterruptedly, the service will be duly served.

(e) They shall be entitled to rest on the day after the end of the seven or eight-day stay-at-call service, all the officials who have provided it, provided that during the rotation provided for in point six more than one official has been assisted (procedural manager, procedural and judicial assistant).

If a single official has attended the rotation each day, only the one who worked on Sunday shall be entitled to the book. If the on-call service ends on Friday, the rest day will be moved from Saturday to the following Monday.

(f) Officials who assist the guard in a situation of weekly stay or availability and have exceeded the working hours in weekly computation, the excess of hours worked will be compensated, within the time flexible, always guaranteeing weekly and daily rest periods in the terms set out in paragraph b) of this article. In any event, the average duration of the work, including the working hours of the guard or overtime, shall not exceed forty-eight hours, for each seven-day period, in half-yearly computation.

(g) In those localities, in which there are common services or other bodies providing support to the on-call service, the Director-General for Relations with the Administration of Justice, or, where appropriate, the competent bodies of The Autonomous Communities, which have been transferred to the personal means of the Administration of Justice, may agree to the incorporation of such personnel to the on-call service.

These officers will provide the guard service in the same way and with the same compensation, according to the type of guard provided for in this resolution. "

Single end disposition.

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

Madrid, 2 July 2014.-The Secretary of State for Justice, Fernando Roman García.