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Resolution Of 3 February 1997, Of The Secretary Of State For Public Administration, Which Ordered The Publication Of The 2Nd Agreement Of Training In Public Administration On December 23, 1996.

Original Language Title: Resolución de 3 de febrero de 1997, de la Secretaría de Estado para la Administración Pública, por la que se ordena la publicación del 2.º Acuerdo de Formación Continua en las Administraciones Públicas de 23 de diciembre de 1996.

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TEXT

In the field of the General Commission for Continuing Training, the 2nd Continuing Training Agreement in the Public Administrations of 23 December 1996, which is set out below, has been signed by the members of the General Commission for Continuing Training. This Resolution.

In order to favor your knowledge,

This Secretary of State has resolved to order her publication in the "Official State Gazette."

Madrid, 3 February 1997.-The Secretary of State, Francisco Villar Garcia-Moreno.

2. CONTINUING TRAINING AGREEMENT

IN PUBLIC ADMINISTRATIONS

Approved the 2nd National Agreement on Continuing Training between employers 'and trade unions' organizations, dated 19 December 1996, and the Tripartite Agreement on the Continuing Training of Workers Occupied between the Government and the same employers ' and trade unions, of the same date, the Vocational Training has taken on a new dimension in terms of the co-responsibility of the social agents in the planning, organization, management and partition of the same.

Public employees, included in these general agreements, had become involved in this form of training as a result of the Trade-Union Agreement of 15 September 1994, and in the The second of the current State General Budget Law is set out in the additional provision.

Moreover, the Agreement of 15 September 1994 created the General Commission for Continuing Training, a joint body responsible for the organisation of continuing training in public administrations and in the field of education and training. whose scope the following Agreement occurs.

This Agreement therefore affects public employees who are dependent on all public administrations, thereby complying with the provisions laid down in Article 83.3 of the Staff Regulations and Chapter III of this Agreement. Law 9/1987, of 12 June, of organs of representation, determination of the working conditions and participation of the staff in the service of the Public Administrations, as amended by Law 7/1990, of July 19.

The representation of the Public Administrations and the undersigned trade union organizations coincide in stating that the participation of all the agents, administrative and social, in the development of the Continuing Training In the public administrations, it is the best guarantee for greater effectiveness in terms of its results, in order to provide the citizen with quality public services, in constant consolidation, progression and modernization in the environment of the European Union.

Vocational Training, as a whole, both the continuous and the initial one, constitutes a fundamental value in the Public Administrations for any project that wants to face the modernization of them. The future of public administrations depends, to a large extent, on the qualification of public employees and, therefore, quality vocational training represents a lasting investment.

The importance of vocational training at the present time to develop more effective Public Administrations is therefore manifest, and its main functions would be the following:

A function of permanent adaptation to the evolution of the professions and the content of the jobs and, therefore, to the improvement of the skills and qualifications indispensable to increase the efficiency and quality of the the services provided by the Public Administrations and the staff in charge of them.

A promotion function that allows a large number of public employees to avoid stagnation in their professional qualification.

And a function of adequacy and integration of the forecasts of the employment plans, understood as mechanisms of strategic planning of the human resources.

The Continuing Training policy must therefore provide public employees with a higher level of qualification required for:

a) Increase the training of public employees, as well as promote their personal and professional development.

b) Adapting to changes, motivated by both technological innovation processes and new forms of work organization.

c) Allow professional mobility and the development of the career of the public employee, which contributes to reordering the current public administration templates.

d) Contribute to the effectiveness and quality of current public services, as well as the development of new ones.

To meet these objectives, it is necessary to make the most of the human and economic resources available, and to manage them on the basis of the needs of the public administrations and the citizens. At the same time, quality training models will have to be provided to facilitate the training of public employees.

Moreover, in their employment relationship, public employees have the right to vocational training and qualifications, as an incentive measure for their professional promotion, and consequently for the granting of permits to the training.

Likewise, and considering that the recipients of the training actions are public employees and the entities that have to perform them are the different Public Administrations and the trade union organizations that are signatories of the present According to the provisions of Law 12/1996 of 30 December 1997, the general budget of the State for 1997 is to be implemented through the public budget circuit.

CHAPTER I

Continuing Training

Article 1. Concept of Continuing Training.

For the purposes of this Agreement, it will be understood by continuing training the set of training activities to be carried out in the Public Administrations, through the modalities laid down in it, aimed at improving skills and qualifications of public employees, which make it possible to make the most effective and to improve the quality of services in public administrations compatible with individual training, the motivation of the public employee and his/her professional promotion.

The General Commission for Continuing Training may decide to incorporate into this Agreement other forms or training actions aimed at achieving the general objectives of continuing training.

Article 2. General Commission for Continuing Training.

The General Commission for Continuing Training, set up by the Administrative and Trade Union Agreement of 15 September 1994, is the joint body responsible for the management of continuing training in the general government. Public.

It is particularly important for this Commission to ensure that this Agreement is complied with, to approve the training plans and to decide on the implementation of the funds earmarked for these services.

CHAPTER II

Territorial, personal, temporary, and functional scope

Article 3. Territorial and functional areas.

This Agreement shall apply in the field of the General Administration of the State, the Autonomous Communities and the Local Corporations.

They can promote training plans:

1. In the General Administration of the State: Ministerial departments and their autonomous organizations, Social Security Management Entities and public law entities whose staff is represented at the General Table of Negotiation of the State administration.

2. In the Administration of the Autonomous Communities: Each of the Consejeries that meets the competences in matters of public function or organs that determine the respective Autonomous Communities.

3. In the Local Government: Councils, Provincial Councils, Cabildos, Island Councils and other local authorities, as well as the Spanish Federation of Municipalities and Provinces and the federations or associations of local entities They are legitimately constituted under the provisions of the fifth additional provision of Law 7/1985 of 2 April, regulating the bases of Local Regime.

4. The trade union organisations which are signatories to this Agreement.

Article 4. Personal scope.

This Agreement shall affect staff providing services in any of the Public Administrations referred to in the previous Article, irrespective of the legal relationship between them and the sectoral scope of the negotiation to which you belong.

Article 5. Temporary scope.

The signatory parties agree on the need to establish a temporary validity of this Agreement, without prejudice to the fact that before its completion, by common agreement, they consider the extension of the Agreement.

The Agreement will enter into force on 1 January 1997 and its validity will be extended until 31 December 2000, on the same terms as the 2nd National Agreement on Continuing Training and the Tripartite Agreement on Continuing training of the employed workers of 19 December 1996.

CHAPTER III

Training Plans

Article 6. Training plans.

The training plans should be developed in line with the objectives and priorities of the organization and will be integrated into the strategic planning of the administration to which they affect.

The financing of training actions under this Agreement will require its inclusion in a training plan drawn up in accordance with the provisions of this Agreement.

Training plans may be drawn up for a period other than the annual period, when specific circumstances are present, duly justified to the relevant Continuing Training Commission.

Article 7. Types of plans.

Administrations or trade unions that wish to finance training actions under this Agreement will be required to develop unitary, grouped or inter-administrative plans.

Article 8. Unit plans.

Unit plans are characterized by affecting the staff of a single Public Administration with at least 100 public employees, regardless of the number of employees or the volume of the units or organs they include.

Article 9. Grouped plans.

The grouped plans are characterized by affecting the staff of two or more local entities referred to in Article 3 (3) of this Agreement, which together, together, at least one hundred public employees.

Article 10. Interadministrative plans.

The interadministrative plans are characterized by being destined to form public employees belonging to different Public Administrations.

Inter-administrative training plans may be promoted by the Public Administrations by means of a Convention between them or with the federations or associations thereof, and by the trade unions representative of this Agreement.

These plans will be submitted directly to the General Commission for Continuing Training, which may provide for a percentage of funds for this purpose.

Article 11. Continuing training in the framework of employment plans.

Prior to agreement with the most representative trade unions, the employment plans may contain specific training plans under Article 18 of Law 30/1984 of 2 August, as amended by Law 22/1993 of 29 December 1993, and of this Agreement.

Within the framework of the Conventions that may be subscribed between the various Public Administrations and on the occasion of an employment plan, as provided for in Article 18.3 of Law 30/1984, of 2 August, of Measures for the Reform of the Public function, training plans may be submitted to facilitate the relocation and adaptation of the staff concerned.

Article 12. Individual training permits.

The General Commission for Continuing Training will determine the forms of implementation and adaptation to be applied, where appropriate, to individual training permits.

Article 13. Content of the training plans.

Training plans to be submitted to the General Commission for Continuing Training will at least have the following content:

a) Objectives and description of the actions to be developed.

b) Scope of the plan: Organs, administrative units and/or Public Administrations to which it affects.

c) Collective affected and number of participants.

d) Planned execution schedule.

e) Cost of the various training and funding actions for which the funding is requested.

f) Selection criteria.

g) The management mode of the training actions.

h) Planned methodological options.

i) Criteria for evaluation of the training plan.

The training plans shall indicate the degree of participation of the trade unions in the preparation and, where appropriate, in the management and execution of the trade unions.

The content that any training plan must have will be supplemented by the provision of a report supporting the maintenance of the training effort.

Article 14. Negotiation of the criteria to be met by the training plans.

By the public administrations and trade union organizations that are signatories to this Agreement, it will be encouraged to achieve, in the various fields, agreements whose validity may be higher than the year, on the criteria the training plans referred to in this Agreement are to be adjusted. Among other issues, they may be subject to negotiation:

a) Priorities with respect to the actions of Continuing Training to develop.

b) Impact on public services, plan coherence and management capacity.

c) Guidance on the collective of public employees affected by such actions.

d) Centers and training spaces available.

e) A regime for training permits, as well as their hourly distribution.

f) Trade union participation in the elaboration, presentation and management of training plans.

g) Competences of the assessment and monitoring bodies which, if appropriate, could be established.

Such agreements should ensure that the training actions promoted under these agreements cover the different collectives in the field concerned, labor and statutory officials.

CHAPTER IV

Processing training plans

Article 15. Processing of training plans.

1. The promoters of unit training plans shall:

(a) Call and submit the plan to the union representation of the public employees, with the Administration being obliged to provide the comprehensive documentation of the aspects listed in Article 13, together with the report of the previous training activities.

If discrepancies in the content of the training plan arose, either party may require, exhausted the possibility of resolving the training plan, the intervention of the Continuing Training Commission. corresponding to those provided for in Article 17 of this Agreement.

If the unitary plan, to affect the personnel of two or more organs or units within the same Administration, lacks its own scope of negotiation, it will take place within the Commission of Continuing Training.

b) Direct the application for approval of the training plan to the relevant Continuing Training Commission.

(c) On a quarterly basis and, in any event, when requested, the Public Administrations shall inform the legal representation of the employees of the execution of the training plan, as well as of the participants in the training actions.

2. The promoters of grouped plans must submit it to the Commission for Continuing Training of Local Administration. In any case, the legal representation of the public employees of the administrations involved, both of the training plan to be presented, and of the corresponding resolution will be reported.

3. The interadministrative plans and, in any case, those promoted by the trade union organizations, will be submitted for negotiation and approval before the General Commission for Continuing Training.

The Continuing Training Commissions will refer to the General Commission for Continuing Training a prioritized relationship of the training plans initially approved by them, for final approval in the framework of the training. Management Agreements to be signed by the Public Administrations and the trade union organizations represented in the aforementioned General Commission for Continuing Training.

CHAPTER V

Decision, tracking, and control organs

Article 16. General Commission for Continuing Training in Public Administrations.

The General Commission for Continuing Training in Public Administrations will have, among others, the following functions:

a) Vellar for compliance with the Agreement.

(b) to resolve any discrepancies arising under the terms of this Agreement and to take all appropriate measures to comply with this Agreement.

c) Manage and agree on the distribution of funds available for the financing of Continuing Training actions.

Priorities will be set for the financing of training plans, when these are derived from an employment plan, assessing the proportionality, the volume of employment, the impact of the plan on public employees not covered by the plan. General scheme of social security and the average level of qualification of persons included.

d) To carry out the final approval of the training plans which, within the economic limits set, are initially approved by the Continuing Training Commissions.

e) Approve the interadministrative plans and those promoted by the unions.

(f) Encourage the achievement of agreements provided for in Article 14 of this Agreement.

g) Promote the unification of criteria in training actions that refer to similar collectives.

h) Issue report in those cases where the issues of your competence are requested.

i) Approve your internal operating rules.

j) Carry out an annual balance of implementation of the Agreement.

k) Agree to the general criteria of the certification of assistance and use the courses included in the approved training plans.

(l) Present annual report to the Tripartite Tripartite Agreement Committee on the Continuing Training of the Occupied Workers.

Article 17. Continuing Training Commissions.

The proper management of Continuing Training requires the constitution, together with the General Commission for Continuing Training, of the following Continuing Training Commissions:

In the General Administration of the State: The Commission provided for in Chapter XLII of the Administrative Agreement of 15 September 1994.

In the Autonomous Administration: One in each of the Autonomous Communities.

In the Local Administration: One in the framework of the Spanish Federation of Municipalities and Provinces.

The Continuing Training Commissions, of a joint nature, shall be composed of the representation of the corresponding Administration and the trade unions which are signatories to this Agreement. They will have the following functions:

(a) Vellar for compliance with the Agreement at the appropriate level.

b) Rate the applications of the plans submitted to them and raise the General Commission for Continuing Training, for eventual definitive approval and subsequent financing, a prioritized relationship of those who, within their respective scope, have been initially approved by the Continuing Training Committees themselves.

c) Negotiate the pooled training plans, as well as the units affecting different administrative units in the terms of Article 15.1.a) of this Agreement.

(d) to resolve any discrepancies in the procedure referred to in Article 15.1.a).

e) Run the agreements of the said Commission and monitor the proper implementation of the actions.

f) Make an Annual Memory of your activities.

g) Approve your operating rules.

CHAPTER VI

Article 18. Financing of training schemes.

In accordance with the provisions of the second provision of Law 12/1996 of 30 December 1997 on the General Budget of the State for 1997, and the Tripartite Agreement on the Continuing Training of the Occupied Workers On 19 December 1996, the Continuing Training Funds from the Vocational Training levy which the Tripartite Monitoring Committee agreed to allocate to continuing training in public administrations, transferred to the National Institute of Public Administration, will finance the training actions planned This Agreement and the corresponding appropriations shall be implemented in accordance with the provisions laid down in the General Budget Law.

On a proposal from the General Commission for Continuing Training, the National Institute of Public Administration may allocate the necessary amount to outreach activities and to promote participation in training actions. covered by this Agreement without, under any circumstances, exceeding 1 per 100 of the total amount allocated to its financing.

(i) the general public authorities which receive funds for continuing training will have to increase this type of training, within their budgetary resources, by an overall amount which will compensate for the lack of officials not covered by the General Social Security Scheme. This obligation will be fulfilled gradually over the period 1997-2000.

(a) The public authorities which receive funds for continuing training must maintain the training effort they are making, in such a way as to ensure that no funds or funds are provided for training, receive for Continuing Training.

The General Commission for Continuing Training shall establish in good time the criteria and procedures for financing the various training plans which are covered by this Agreement.

Article 19. Infringements and sanctions.

The infringements resulting from the application of this Agreement shall be treated in accordance with the provisions of the legislation corresponding to each of the public employees ' collectives. Public Administration.

Article 20. Incompatibilities.

The same training plan cannot be financed simultaneously through the various alternative routes provided for in this Agreement.

Additional disposition first.

As not covered by this Agreement, the principles of the 2nd National Agreement on Continuing Training and the Tripartite Agreement on the Continuing Training of the Occupied Workers Signed with Date 19 of December 1996.

Additional provision second. The various public administrations which are signatories to this Agreement shall provide the human and material resources necessary for the performance and the normal functioning of the Agreement.

The precise time for the development of the activities and works resulting from the participation of trade unions in the different Training Commissions provided for in this Agreement shall be set by the Ministry of Administrations. Public.

Additional provision third.

In the framework of the General Commission for Continuing Training, amendments to this Agreement may be agreed which, by consensus, are deemed appropriate.

This Agreement is endorsed by the members of the General Commission for Continuing Training:

On behalf of the General Administration of the State:

Secretary of State for Public Administration: Don Francisco Villar Garcia-Moreno.

Director General of the Civil Service: Don Rafael Catala Polo.

Director General of Personnel Costs and Public Pensions: Don José Luis Blanco Sevilla.

Director of the National Institute of Public Administration: Don Enrique Alvarez Conde.

On behalf of the Autonomous Communities Administration:

Director General of the Civil Service, Autonomous Community of Andalusia: Don Vicente Vigil-Escalera Pacheco.

Director General of the Civil Service, Autonomous Community of Castilla-La Mancha: Dona Victoria Sanchez Sanchez.

Director General of the Civil Service and the General Inspectorate of Services, Autonomous Community of Murcia: Dona Maria Pedro Reverte García.

On behalf of the Spanish Federation of Municipalities and Provinces (EMFF):

Secretary General of the EMFF: Don Alvaro de la Cruz.

On behalf of trade union organizations:

By UGT:

FSP/UGT: Don Sebastian Pacheco Cortes, Training Secretary.

FETE/UGT: Don Antonio Montilla García, Training Secretary.

By CC.OO.:

FSAP: Dona Maria Antonia Montero Bermudez de Castro, Secretary of Training.

FTE: Don Agustín Alcocer Copero, Secretary of Training.

Postal Union: Don Regino J. Martin Barco, Secretary General.

Health Federation: Dona Espiritu Santo Martínez Garrido, Secretary of Training.

By CSI/CSIF:

Continuing Training Manager: Don Juan Jose Carrion Benito.

National President of Training: Don José Jiménez Blazquez.

By IGC:

Secretary General Public Administration: Don José Carlos Crespo Santiago.