Resolution Of 5 December 1996, Of The Ministry Of Justice, Which Is Issued Instructions On The Day And Schedules In The Field Of The Administration Of Justice.

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

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The first. Scope of application.

The present resolution shall apply to staff at the service of the administration of Justice, regulated in article 454 of the organic law 6/1985, of 1 July, the judiciary.

Second. General rules on working time.

The distribution of the day and hours fixing will be made by the working calendar.

The General direction of relations with the administration of Justice shall draw up the work schedule in December of each year for the following year, prior negotiation with the trade unions signatory of the agreement of December 18, 1995. In this timetable must include: the number of hours to carry out monthly and annual total.

National parties.

Parties of each autonomous community and local festivals, which will be published in the «Official Gazette» of the autonomous region by the competent body for its determination.

Special schedules that are in place each year, as well as relationship of centers with special schedules.

The five days of day reduced by labour holidays of the different parties Court, which shall be authorized by the Ministry of Justice or, where appropriate, by the autonomous community corresponding to the proposal of trade unions.

Day of summer.

Work each work center calendars will be public and will contain ends relating to the public hearing and direct service hours to the citizens.

The General direction of relations with the administration of Justice shall adopt this timetable after hearing the General Council of the judiciary and the competent bodies of the autonomous communities that have received transfers of personal media for the functioning of the administration of Justice.

Third party. Day of general work and schedule.

1. the day's work in the courts and tribunals, their secretariats and judicial offices will be thirty-seven hours thirty-minute weekly monthly basis, according to the current work schedule, without prejudice to the Special timetables to be established.

2. the main part of schedule, called fixed time, will be five hours thirty minutes forced attendance, among the thirty eight and the fourteen journals thirty hours, from Monday to Friday.

3. the flexible schedule part consists of the difference between the fixed part of the schedule (five hours thirty minutes daily) and the day in the monthly computation to be indicated in the annual work schedule in which monthly mandatory computations are fixed in view of relevant parties of each month.

This flexible schedule part will be distributed at the discretion of the public employee, within the hour Strip understood between the seven thirty and nine hours and the fourteen thirty Seventeen hours, Monday to Friday, and on Saturday from nine to fourteen hours. 4 you will enjoy a daily pause in the day's work for a period of thirty minutes, computable as effective work. The clerk of the Court, as the direct Chief of staff, must ensure so that service to the public, as well as the General conditions of functioning of the Judicial Office, during this pause is properly guaranteed, organizing with criteria of fairness, if I required corresponding shifts.

5. in cases in which is compatible with the functions of the position held and the needs of the service, the Secretaries, the Coroners, officers, assistants and judicial officers of the administration of Justice, may voluntarily make a low, continuous and uninterrupted, day of the nine to fourteen hours, Monday to Friday, receiving a 75 by 100 of the total of its assets prior approval of the General direction of relations with the administration of Justice and the competent bodies of the autonomous communities that have received transfers of personal media for the functioning of the administration of Justice.

6. warranty service on Saturdays: the court clerks shall ensure in advance, and taking account as far as possible request of officials, the assistance of the minimum appropriate personnel to attend the proceedings of urgent and urgent nature that may arise out the flexible part of the schedule of the employees of that office, computing each hour worked between nine and fourteen hours as if it were time and effective media , and fourteen hours onwards, as two effective hours.

In any case the assistance on Saturday should be distributed with criteria of fairness between the various components of the office.

Room. Opening hours to the public and professionals.

Set the schedule of public hearings in the given form in article 188 of the organic law of the Judicial power; opening hours to the public and to professionals in the Ministry and judicial offices will be nine to fourteen hours, respecting in any case the timetable set for public hearing and will be released so blatant in the outside of courts and tribunals.

Fifth. Compliance with the schedule.

1. without prejudice to the provisions of the third point of this resolution, registrars, coroners, auxiliary, officers, agents, and the rest of the staff at the service of the administration of Justice, shall carry out its activity in accordance with the needs of the service and, in any case, subject to hours of work established pursuant to the organic law of the Judicial power and in the terms of this resolution.

2. the calculation of the hours actually worked will be held by calendar months.

3. the permits, licenses, and low for justified reasons be computed at the rate of seven hours thirty minutes daily.

4 compliance with the set time will not justify the suspension or interruption of proceedings and proceedings urgent and non-Deferrable, computing these hours of prolongation of day more than the schedule set forth above (with the exception of guard service) as follows: to) each hour worked between the seventeenth and twenty-two hours, from Monday to Friday, as an hour and a half effective , or the corresponding proportion.

(b) each hour worked from twenty-two hours until the seven thirty hours of the next day, Sundays and public holidays, and from fourteen hours Saturday, as two hours effective or proportional share.

5. in the event that previous circumstances constitute an excess of hours worked on monthly hours to perform, these can pay within the flexible schedule next month, of effective, one that arises, computing is exceeded, such as time and effective average hourly.

This compensation shall be incompatible with those generated as referred to in the previous point.

Sixth. Special schedules.

For the uniqueness of the service or the Court: when the peculiarities of some services or courts so warrant, the General direction of relations with the administration of Justice may establish schedules special, on its own initiative or by the of the autonomous communities that have competence in the field of personnel, prior negotiation with the trade unions most representative, report of the General Council of the judiciary and , in his case, the heads of the Judicial Office or organs in the service of the administration of Justice. Resolution in which such special schedules are approved will also establish the control system compliance and hourly compensation, without prejudice to the ability of proposal in this matter of those autonomous communities which have competence in the matter.

Seventh. Guard service.

1.a) guard service in populations that have ten or more courts of instruction: service will begin at nine o'clock and will continue uninterrupted so for twenty-four hours. All officials who make up the staff of the judiciary remain to twenty-one hours, without more absences than those bound by the need to practice abroad and the necessary proceedings to make meals, without that it does not exceed one hour and thirty minutes, each meal.

From twenty-one hours they only remain in the local judicial court clerk and a reduced staffing composed by a coroner, an officer, an Assistant and a bailiff. The rest of the court staff, as well as other organs in the case that there is more than one court of guard, will find themselves in a situation of availability and continuous location if the judge that if guard functions deemed precise his presence, in which case will be incorporated immediately.

Officials who have remained in the court premises from twenty-one hours will not work the day of departure from the guard.

Regardless of the day of the week that the guard is celebrated and the hours that have been made, will be seven hours and thirty minutes, as well as the day of departure of guard.
1.b) guard service in the remaining populations in which there is separation of jurisdictions or who have more than three courts of first instance and instruction: the guard service in these judicial bodies will be published weekly. A shift of guard consisting of a Secretary, coroner, an officer, two assistants and an agent will be established for the provision of this service. This guard service hours will be: Monday to Saturday from nine to fourteen hours, and in rotating between the officials on duty from Monday to Saturday from seventeen to twenty hours and Sunday from ten to fourteen hours. After-hours expressed remain in a situation of availability and conditions of continuous location to respond promptly to any incident of guard service that may arise.

The total number of hours to be performed by this turn of guard shall not exceed thirty-seven hours and thirty minutes in computer weekly. Excess hours worked will be offset during the month within the flexible schedule.

The rest of the staff that is not included in this turn of the Guard will carry out the general schedule established in the present resolution.

1.c) guard service in populations that have less than four courts of first instance and instruction: the guard service in these courts, which will be published weekly, will be paid according to the general schedule established in this resolution. Outside the established day, Secretary and officials who in turn corresponds to them, will remain in a situation of availability and continuous location to promptly attend to any incidence of guard service that might arise, in which case will be incorporated into the same immediately.

(In the case that an official who remains in a situation of availability and required to attend any incident in guard service had exceeded work in computer weekly schedule, the Secretary shall so to the Ministry of Justice or, where appropriate, to the autonomous community, relevant for the purpose of computing the time spent in accordance with the provisions in paragraphs 4(a))) and (b) of the fifth of this resolution section.

2. If as a result of the provision of guard service any officer could not enjoy statutory weekly rest, this will be calculated it as part of the flexible schedule within the monthly computation.

Eighth. Day of summer.

During the period between 1 July and 15 September, the General direction of relations with the administration of Justice will establish an intensive working day which may be of thirty-five hours per week in monthly computation. The established day will be carried out between the seven thirty hours and the fifteen thirty hours, from Monday to Friday, being fixed or mandatory part between the eight fourteen and thirty thirty. Regarding the opening hours on Saturdays it will be to the third paragraph, point 6.

Ninth. Control of compliance with the schedule.

Internal control of compliance with the schedule at each Ministry and Judicial Office will correspond to the clerk.

The General direction of relations with the administration of Justice, where appropriate, a proposal from the autonomous communities with powers assumed in terms of staff, after communication with the trade unions, will dictate the precise instructions for the control of compliance with the schedule, means machining of time use and justification of incidents both in the offices where the mechanical in which control is installed has not even had proceeded to their installation.

In any case be accepted other media control machining other than those authorized by the General direction of the relations with the administration of Justice or, where appropriate, the autonomous community with competence in matters of personnel.

At those locations where mechanical means of schedule control were installed, the court clerks, before the 5th of the following month shall send the corresponding Territorial management of Justice, or to the competent bodies of the autonomous communities, the justification, if any, of absences detected by mechanical control system, according to the standard fixed by the instruction of the General direction of relations with the administration of Justice concerning 'working hours control system in the administration of Justice".

Monthly territorial managers of the Ministry of Justice, or the competent body of the autonomous communities with powers of staff, shall send to the court clerks the lists resulting from compliance with the schedule.

Tenth. Non-compliance with working hours.

The proportional deduction of assets will proceed in cases that there is a difference, calculated monthly, between the statutory day and effectively made, unless justified, as it prescribes the article 56.2 of the law 42/1994 of 30 December («Official Gazette» of 31), which amends the law 17/1980, remuneration of the staff at the service of the administration of Justice.

Repeated and unjustified failure to schedule will result in the initiation of disciplinary record, as they determined by the respective regulations (organic regulation of the bodies of officers, auxiliaries and agents of the administration of Justice, approved by Royal Decree 249/1996, 16 February («Official Gazette» of March 1) and organic regulation of the Corps court clerks) approved by Royal Decree 429/1988 of April 29, and organic regulation of coroners, approved by Royal Decree 296/1996, 23 February («Official Gazette» of 1 March), and other standards of supplementary application.

Without limiting the foregoing, before discounting the assets relating to breaches of the schedule that may occur, will be given option the worker concerned so you can reclaim the time not worked in the month following the breach, without affecting that option disciplinary responsibility is incurred by failure to comply with the timetable.

Eleventh. Holiday, permits and licenses.

1. the staff of the administration of Justice, which had worked, on active duty, for a year, will be entitled to an annual vacation of a month or the days that correspond to them in proportion if the service time is less. For these purposes the year of service will be the judicial year and therefore be computed from September to September.

This vacation shall be granted at the request of the person concerned, preferably during the months of July, August and September, provided the service is properly guaranteed.

The court clerks will participate to the room of Government, to the autonomous communities with powers assumed in terms of staff and the corresponding territorial managements, shifts of permanence during the month of August and officials who have been providing services during such month, as well as the authorization of vacation during other months or periods.

In any case the attribution of holiday shifts must be done with criteria of fairness between the various components of the offices.

2 along the year, the staff at the service of the administration of Justice, shall be entitled to enjoy nine days of permission for particular matters, without prejudice to the award of the remaining permits and licenses laid down in legislation.

Such days may not build up, in any case, to periods of annual holidays. Judicial secretaries, under the supervision of judges, judges or Presidents, shall authorize the enjoyment of the same day, unless there are objective requirements of the service. When these reasons not possible to enjoy the Modify permission, wholly or in part before the end of the month of December, you will enjoy in the month of January of the following year.

First repealing provision.

This resolution supersedes resolution of 8 February 1996, issued by the Secretary of State of Justice and other provisions of development.

Second repeal provision.

From the entry into force of this resolution, void special schedules of work and attention to the public other than the set generally must be requested again approval if it considers necessary.

First final provision.

The references contained in the resolution concerning the judicial secretaries, as regards control of the compliance schedule and justification of incidents, shall be deemed tax heads, Director of the Institute of Toxicology and departments, and directors of the institutes forensic anatomic and forensic clinics, or in your day, institutes of Legal Medicine or officials who delegated with respect to the dependent of these staff.

Second final provision.

Agreements of the Joint Commission of formation, consisting of the Ministry of Justice or the bodies of the autonomous communities with assumed powers in matters of personnel, regime of schedule for, will be effective with respect to this resolution.

Third final provision.

This resolution shall enter into force the day after its publication in the "Official Gazette".

What they communicate to V. I., for their knowledge and effects.

Madrid, December 5, 1996.-the Secretary of State, p. D. (resolution of 8 July 1996), the Director-general relations with the administration of Justice, Juan Ignacio Zoido Álvarez.

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