First. Scope of application.

This Resolution shall be applicable to staff at the service of the Administration of Justice, governed by Article 454 of the Organic Law 6/1985 of 1 July of the Judicial Branch.

Second. General rules on working calendar.

The distribution of the day and the fixing of the schedules will be done through the work schedule.

The Directorate-General for Relations with the Administration of Justice will draw up such a work schedule in December of each year for the following year, after negotiation with the trade union members who have signed the agreement of 18 of December 1995. In this calendar, they must be stated:

The number of hours to perform each month and yearly total.

Parties at national level.

The parties of each Autonomous Community and local parties, which shall be published in the "Official Gazette" of the Autonomous Community by the body competent for their determination.

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

The five working days reduced by the work of the various judicial parties, which will be authorized by the Ministry of Justice or, where appropriate, by the Autonomous Community corresponding to the proposal of the trade unions.

Summer Day.

The work schedules for each work center will be public and will contain the extremes regarding the public hearing and the hours of direct attention to the citizens.

The Directorate-General for Relations with the Administration of Justice will approve this calendar after hearing the General Council of the Judiciary and the competent bodies of the Autonomous Communities that have received the transfer of personal means for the operation of the Administration of Justice.

Third. Working day and general hours.

1. The working day in the Courts and Courts, their Secretaries and Judicial Offices shall be thirty-seven hours thirty minutes weekly in monthly computation, according to the current working calendar, except for the special schedules that are set.

2. The main part of the time, called fixed time, will be five hours thirty minutes of the required concurrency, between the eight thirty and the fourteen thirty hours, from Monday to Friday.

3. The flexible part of the timetable consists of the difference between the fixed part of the schedule (five hours thirty minutes per day) and the monthly compulsory day to be indicated in the annual work calendar in which the computes are fixed. monthly mandatory compliance with the view of the corresponding parties of each month.

This flexible part of time will be distributed, at the discretion of the public employee, within the time frame between the seven thirty-nine hours and the fourteen thirties at seventeen hours, Monday to Friday, and the Saturday from nine to fourteen hours. 4. You can enjoy a daily break in the working day for a period of thirty minutes, computable as effective work. The judicial secretary, as the direct chief of staff, shall ensure that the public service, as well as the general operating conditions of the Judicial Office, are duly guaranteed during this period. organizing with equity criteria, if necessary, the corresponding shifts.

5. In those cases in which it is compatible with the functions of the position performed and with the needs of the service, the Secretaries, the Forensic, Officers, Auxiliary and Judicial Agents of the Administration of Justice, may voluntarily to make a reduced, continuous and uninterrupted working day from nine to 14 hours, from Monday to Friday, by receiving 75 per 100 of the total of their assets, after approval by the Directorate-General for Relations with the Administration of Justice or of the competent bodies of the Autonomous Communities which have received the transfers in personal means for the functioning of the Administration of Justice.

6. Guarantee of the Service on Saturdays: The judicial secretaries shall ensure in good time, and as far as possible the request of the officials, the assistance of the appropriate minimum staff to attend to the due diligence urgent and non-deferred, which could be considered from the flexible part of the schedule of the public employees of the office, with each hour worked between nine and fourteen hours as if it were an hour and a half effective, and of the fourteen hours hours onwards, as two effective hours.

In any case, assistance should be distributed with equity criteria among the various components of the office on Saturday.

Fourth. Hours of care for the public and professionals.

Set the public hearing schedule in the form determined in Article 188 of the Organic Law of the Judiciary; the hours of attention to the public and the professionals in the Secretariat and Judicial Offices will be nine to Fourteen hours, respecting in any case the fixed schedule of public hearing and shall be made known in an ostensible manner on the outside of Courts and Tribunals.

Fifth. Schedule compliance.

1. Without prejudice to the provisions of the third paragraph of this Resolution, the Secretaries, Medical Examiners, Officers, Auxiliary Officers, Agents, and the rest of the staff in the service of the Administration of Justice will perform their activities in accordance with the the needs of the service and, in any case, subject to the work schedule established according to the Organic Law of the Judiciary and in the terms of this resolution.

2. The computation of the hours actually worked shall be carried out for calendar months.

3. Permits, licenses and casualties for justified causes shall be counted at a rate of seven hours thirty minutes per day.

4. Compliance with the established timetable shall not justify the suspension or interruption of urgent and non-deferred proceedings and proceedings, taking into account the hours of extension of the day beyond the timetable set out above (with Guard service exception) as follows:

a) Every hour worked between seventeen and twenty-two hours, Monday through Friday, as an effective hour and a half, or the corresponding proportional share.

(b) Every hour worked from twenty-two hours to seven thirty hours of the following day, Sunday and public holidays, and from fourteen hours on Saturdays, as two hours effective or the proportional share corresponding.

5. If the above circumstances result in excess of hours worked on the monthly working day, they may be amortised within the flexible working hours of the following month, of effective work, to the person in which he or she is produced, Computing each hour exceeded, such as effective time and average.

This compensation will be incompatible with those generated as provided in the previous point.

Sixth. Special schedules.

By the peculiarity of the service or the court: When the peculiarities of certain services or courts so advise, the Directorate-General for Relations with the Administration of Justice may establishing special timetables, on their own initiative or by the Autonomous Communities which have competence in the field of personnel, subject to negotiation with the most representative trade unions, report of the General Council of the Judiciary and, where appropriate, of the Heads of the Judicial or Organ Office at the service of the Administration of Justice. The resolution in which such special timetables are adopted shall also establish the system for monitoring their compliance and time-compensation, without prejudice to the capacity for proposal in this field of those Autonomous Communities which have competence in the field.

Seventh. On-call service.

1.a) Guard service in populations that have ten or more Instruction Courts: The service will start at nine hours and will continue uninterrupted for twenty-four hours. All the officials who make up the staff of the judicial body will remain until twenty-one hours, with no more absences than those who are obliged by the need to perform the activities abroad and the necessary to carry out the meals, without which may exceed one hour and thirty minutes, each meal.

Judicial Secretary and a reduced staff of a Medical Examiner, an Officer, an Auxiliary, and a Judicial Agent will remain in the judicial premises from the twenty-one hour. The rest of the staff of the court, as well as that of the other organs in the event of more than one court of call, will find themselves in a situation of availability and continuous localization in case the Judge who stayed in functions of guard estimate their presence, in which case they would be immediately incorporated.

Officials who have stayed at the local court from the age of 21 will not work on the day of departure from the guard.

Regardless of the day of the week in which the guard is held and the hours that have been taken, it shall be counted as seven hours thirty minutes, as well as the day of departure from the guard.

1.b) Guard service in the remaining populations in which there is separation of jurisdictions or which have more than three Court of First Instance and Instruction: The on-call service in these judicial bodies will be weekly periodicity. For the provision of this service, a duty shift shall be constituted by a Secretary, Medical Examiner, an Officer, two Auxiliary and an Agent. The timetable for this duty will be: Monday to Saturday from nine to fourteen hours, and on rotating shift between the officials of the guard from Monday to Saturday from seventeen to twenty hours and Sunday from ten to fourteen hours. Out of the time period expressed, they shall remain in a situation of availability and conditions of continuous location in order to attend to any incidence of the guard service that may be raised.

The total of the time to be performed by this guard shift will not be able to exceed thirty-seven hours thirty minutes in a weekly computer. Excess hours worked will be compensated over the month within the flexible schedule.

The rest of the template that is not included in this guard shift will perform the general schedule set forth in this Resolution.

1.c) Guard service in populations with fewer than four Courts of First Instance and Instruction: The on-call service in these judicial bodies, which will be weekly, will be provided according to the timetable general established in this Resolution. Outside the established day, the Secretary and the officials who are responsible for the matter, will remain in a situation of availability and continuous location to attend to any incident of the guard service. could be removed, in which case they will be incorporated immediately.

In the event that an official who remains in a situation of availability and is required to attend to any incidence in the on-call service and has exceeded the working hours, in weekly computation, the Secretary communicate to the Ministry of Justice or, where appropriate, the relevant Autonomous Community for the purposes of calculating the time spent in accordance with points 4 (a) and (b) of the fifth paragraph of this Resolution.

2. If, as a result of the provision of the on-call service, an official cannot enjoy the legally established weekly rest, the latter shall be counted as part of the flexible schedule within the monthly calculation.

Eighth. Summer Day.

During the period from 1 July to 15 September, the Directorate-General for Relations with the Administration of Justice will establish an intensive working day which may be thirty-five hours. weekly on a monthly basis. The working day may be carried out between seven and thirty hours, from Monday to Friday, with the fixed or compulsory part being between eight and fourteen thirty. For the hours on Saturdays, the provisions of paragraph 3, paragraph 6, shall apply.

Ninth. Control of schedule compliance.

Internal schedule compliance control in each Secretariat and Judicial Office shall be the responsibility of the Judicial Secretary.

The Directorate-General for Relations with the Administration of Justice, if necessary, on a proposal from the Autonomous Communities with powers assumed in the field of personnel, prior to communication with the trade unions, will dictate the precise instructions for the control of the schedule, for the use of the mechanized means of control time and for the justification of incidents in the offices where the mechanical control is installed and in which it is not yet have proceeded to your installation.

In no case shall other means of mechanized control be permitted other than those authorized by the Directorate-General for Relations with the Administration of Justice or, where appropriate, the Autonomous Community with powers in respect of personnel.

In those offices where mechanical means of control of the timetable are installed, the judicial secretaries, before the 5th of the following month, will refer to the corresponding Territorial Management of Justice, or to the organs the competent authorities of the Autonomous Communities, the justification, if any, of the absences detected by the mechanical control system, in accordance with the rule setting the instruction of the Directorate-General for Relations with the Administration of Justice on "System of control of working time in the Administration of Justice".

Monthly the territorial managers of the Ministry of Justice, or the competent authority of the Autonomous Communities with competence in matters of personnel, shall forward to the judicial secretaries the resulting lists of Schedule compliance.

10th. Non-compliance with work schedule.

The proportional deduction of assets shall take place in the cases where there is a difference, in monthly calculation, between the day of the day and the day in question, unless justified, as prescribed in Article 56.2 of the Law 42/1994, of 30 December ("Official State Gazette" of 31), which amends Law 17/1980, of Personal Remuneration to the Service of the Administration of Justice.

The unjustified and repeated failure to comply with the timetable will result in the opening of disciplinary proceedings, as determined by the respective regulations (Organic Regulation of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice, approved by Royal Decree 249/1996, of 16 February ("Official State Gazette" of 1 March) and Organic Regulation of the Body of Judicial Secretaries, approved by Royal Decree 429/1988, of 29 April, and Regulation Organic de Forenses, approved by Royal Decree 296/1996 of 23 February (Official Gazette) of the State " of 1 March), and other rules of application.

Without prejudice to the foregoing, before proceeding to discount the assets corresponding to the time-defaults that may occur, the affected worker will be given an option so that he/she can recover the time not worked in the month following the non-compliance, without such an option affecting the disciplinary liability in which the time was incurred for failure to comply.

11th. Holidays, permissions and licenses.

1. The staff at the service of the Administration of Justice who has worked, in active service, for one year, shall have the right to enjoy an annual vacation of one month or to the days that correspond to them if the service time is less. For this purpose the year of service will be the judicial year and will therefore be computed from September to September.

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

The judicial secretaries will participate in the Governing Room, the Autonomous Communities with responsibilities assumed in the field of personnel or the corresponding Territorial Management, the permanent shifts during the month of August and the officials who are to provide services during such a month, as well as the authorisation of holidays for other months or periods.

In any case, the attribution of holiday shifts should be carried out with equity criteria among the various components of the offices.

2. Throughout the year, the staff at the service of the Administration of Justice, will have the right to enjoy nine days of leave for private matters, without prejudice to the granting of the remaining permits and licenses established in the regulations in effect.

Such days, in no case may the annual leave periods be accumulated. The judicial secretaries, with the supervision of the Judges, Magistrates or Presidents, shall authorize the days of their enjoyment, unless there are objective needs of the service. Where for these reasons it is not possible to enjoy the said permit in full or in part before the end of December, they shall be enjoyed in January of the following year.

First repeal provision.

This Resolution repeals the Resolution of 8 February 1996, issued by the Secretariat of State of Justice and other provisions of development.

Repeal provision second.

As from the entry into force of this Resolution, the special working and public service schedules other than those set out in general are without effect, and their approval should be reapplied if it is estimated required.

First disposition first.

The references contained in this Resolution concerning the judicial secretariats, with respect to the control of the time-keeping and the justification of incidents, shall be construed as references to the Chief Prosecutors, Director of the Institute For the purposes of this study, the following are the findings of the study: Toxicology and Departments, and Directors of the Medical-Forensic and Medical-Forensic Institutes, or in their day, Institutes of Legal Medicine or officials in whom they delegate, with respect to personnel dependent on them.

Final disposition second.

The Agreements of the Joint Training Commission, constituted by the Ministry of Justice or the organs of the Autonomous Communities with powers assumed in personnel matters, in respect of the timetable, shall be effective. with respect to this Resolution.

Third end disposition.

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

What I communicate to V. I., for your knowledge and effects.

Madrid, 5 December 1996.-The Secretary of State, P. D. (Resolution of 8 July 1996), the Director General of Relations with the Administration of Justice, Juan Ignacio Zoido Alvarez.