Resolution Of 5 February 1996, The General Secretary Of Justice, By Which Proceeds To The Publication Of The Agreement, The Ministry Of Justice And Interior, Unions For The Period 1995-1997, On Working Conditions Of The Staff To The Serv...

Original Language Title: Resolución de 5 de febrero de 1996, de la Secretaría General de Justicia, por la que se procede a la publicación del Acuerdo Ministerio de Justicia e Interior, Sindicatos para el período 1995-1997, sobre condiciones de trabajo del personal al serv...

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Having signed the agreement, the Ministry of Justice and Interior-Sindicatos for perio 1995-1997, on working conditions of staff in the service of the administration of Justice, which is contained as an annex to the present resolution, have resolved to proceed to publication for the appropriate purposes.


What they communicate to V. I.


Madrid, February 5, 1996.-the Secretary general of Justice, Fernando Escribano Mora.


Hon. Mr. general Subdirector of planning and human resources management.


Annex agreement Ministry of Justice E INTERIOR-SINDICATOS for the period 1995-1997, on working conditions of staff in the service of the administration of Justice in Madrid, 18 of December of nineteen ninety-five, the representations of the Ministry of Justice and Interior and the trade unions, Confederation of independent trade unions and Trade Union of civil servants (CSI-CSIF), Comisiones Obreras (CC. (OO.), General Union of works dores (UGT), and Confederación Intersindical Galega (CIG) after the negotiations carried out within the framework of law 7/1990, of 19 July, on collective bargaining and participation in determining the working conditions of public employees, agree to sign this agreement: Introduction 1. The process of modernization of the Spanish society demands of the administration of Justice, to advance at the same pace, an effort to achieve greater efficiency in services, and more efficiency and quality, aiming at the approach of the public authorities to citizens through a streamlined administration, effective, lower-cost and adapted to the new reality social derivative of our integration in the European Union.


Aware of this, management and unions agree on the need to open a new process that deepen in the modernization of the administration of Justice.


2. any strategy for transformation of an organization requires to boost personnel policies that consider the human resources as the key factor.


The improvements show that it is not possible to make progress in a process of change without the support and commitment of civil servants, whose involvement in the objectives it is essential.


Sharing this analysis, management and unions are in agreement on the need to define a model of single legal statute for statewide that respond to the needs of the current administration and meets the expectations and professional interests of public employees in the service of the administration of Justice.


This model of legal status must connect with the values of the current professional culture, modernize both individual and collective employment relationships and be able to generate active policies for the professional development of human resources in the administration of Justice.


Also the legal status is based on the definition of tasks whose practice justifies the civil service character of the bodies at the service of the administration of Justice. In this sense, both the Administration and the signatory union organizations consider to be appropriate to proceed to a redefinition of such functions, based on the current experience of the practice of their performance in the secretariats and judicial offices.


3. a juridico-profesional statute that set in the foreground systems of career civil servants in the service of the administration of Justice is, in the opinion of the Ministry of Justice and Interior and trade unions, the appropriate instrument to implement the aforementioned process.


To this respect management and unions agree that the new legal framework of the Statute: must be adjusted to an administration of Justice which must meet social demands ever more complex and differentiated, which must respond fast in defence and guarantee of individual and collective rights.


It must be compatible with a developed administration in which the need to achieve greater productivity, measured in terms of quality and efficiency, needed more flexible, than the current rules.


He has to pursue a higher degree of professionalization of public employees, making training a key part of the new model of administrative career.


It has to involve a clear definition of organic and functional dependence of the staff regarding the power Judicial and the Ministry of Justice and Interior.


You must register for a necessary reform of procedural laws.


4. the integrated planning of human resources, through the rationalization of the occupational structure, will allow to address different situations with appropriate measures of reorganisation, transformation and distribution of employment, in a framework of stability in the same.


5. the remuneration is linked to the evolution of the economic parameters and to the fulfillment of the objectives as expressed in the convergence programme, collected in the General State budget. This allows to establish a horizon of stability in which remuneration treatment is linked to the real capacities of our economy, while the improvement of the situation of the public sector, best results in different programs and a general increase in productivity should assume the existence of incentives and additional salary growths.


6. to meet these objectives, administration of Justice and trade unions have agreed to structure the negotiation process in two phases: the first, includes commitments and concrete agreements on a wide range of subjects, which shall remain in force during the period 1995-1997.


In the second, which will start from October 1, 1995, the nuclear issues of the Judicial Office to be discussed and its conclusions will serve as a basis for the elaboration of a draft single legal status.


Taking into account the roles of professional bodies in the service of the administration of justice are primarily defined in the organic law of the Judicial power and in the laws of procedure, the Ministry of Justice and Interior, will ensure the participation of the organizations organizations Trade Union signatory of the agreement in all the processes of reform of the same.


The materials which have been agreed in the first phase of negotiations are as follows: procedure for negotiating amendments to remuneration.


Criteria to be applied in the politics of public employment during the period 1996-1997.


Concrete measures that affect the career development and promotion of staff in the service of the administration of Justice, differentiated according to the body or Professional category to which they belong.


Promotion and management of the process of funcionarizacion.


Measures to boost training actions and extend the training offer of the administration of Justice.


Articulation of a system for managing the funds for training, according to what is agreed in the General table of public service.


Rationalization and flexibilization of work (days, hours, holidays) times.


Measures against absenteeism.


Control and inspection of temporary labour disability measures.


Provisions in the field of Social action.


Provisions in the field of occupational health.


Planning and articulation of the negotiation of the collective agreement of the working staff.


Provisions to speed up and improve the resolution of staff resources.


Establishment of new mechanisms that will improve the system and the General Secretary of Justicia-Sindicatos procedures.


Framework of Trade Union relations for the 95-97 period.


7. in the second phase of the negotiation, the following legal statute underlying theme will be analysed: functions of bodies and professional categories.


Professional structure and career.


Payment system.


Rights and obligations of public employees in the administration of Justice.


Training and promotion.


Adaptation of the General systems of representation of civil servants.


Adaptation of a system of negotiation of working conditions.


Acquisition and loss of official status.


Disciplinary regime.


Creation and integration, where appropriate, bodies and civil servants scales.


Systems of provision of jobs.


8. the process will culminate, once completed the second phase of negotiation, with the elaboration, by the Ministry of Justice and Interior, of a project of legal status of staff in the service of the administration of Justice.


This status must be the appropriate instrument that ensures at the same time the characteristics of the national bodies and the capacity of political action of the autonomous communities that have assumed competence for personnel at the service of the administration of Justice.


Finally management and unions estimate that technical perspective is inadequate in a matter as complex and affecting so many interests and expectations internally and even external to the Administration itself.


Required, therefore, obtain the greatest degree of consensus possible, especially the Trade Union; even taking into account that the analyses and conclusions arrived at the second phase of negotiation will have to be very important for the new model of functioning of the administration of Justice.



Therefore, the agreement that reach the Ministry of Justice and Interior and trade unions, Confederation of independent trade unions and Trade Union of civil servants (CSI-CSIF), Comisiones Obreras (CC. (OO.), General Union of works dores (UGT) and Confederación Intersindical Galega (CIG) should be an instrument that ensures a proper professional horizon public employees, bolsters an improvement of the efficiency and quality of the administration of Justice in all aspects and contribute to the general modernization of the Spanish society.


Title I scope chapter I scope of application 1. This agreement will be of general application to the staff at the service of the administration of Justice, both the bodies of officers defined in article 454 of the organic law of the power Court, as to the professional categories defined in the corresponding labour staff collective agreement.


2. this Agreement shall enter into force the day following its publication and will have a period covering the years 1995, 1996 and 1997.


Title II payments chapter II increase of remuneration the remuneration of the staff in the service of the administration of justice are subject to what is agreed in the Administracion-sindicatos agreements of 15 September 1994, chapters 2, 3, 6 and 8, both in terms of the increase of fees and maintenance of purchasing power Fund.


Chapter III negotiation of remuneration conditions 1. Amendments to the complementary compensation of staff included in its scope of application according to the real, technical functions currently carrying the bodies at the service of the administration of Justice should be negotiated with trade unions signatory of this agreement.


2. the Administration twice a year inform trade unions, in the bosom of the sectoral table on employment and remuneration, on the criteria applied in fixation, distribution and amounts of performance incentives. Trade unions present at the table can provide alternative proposals and initiatives.


Chapter IV programs on management fees from the last quarter of 1995, will negotiate a program of rationalization and management of supplementary remuneration, consistent, fundamentally, to achieve a better distribution of remuneration amounts between the different concepts.


Chapter V productivity programs 1. Overall earnings for the years of 1996 and 1997 may be increased to take account of the projects or programmes that tend to increase quality and efficiency of the administration of justice through better utilization and qualification of human resources.


2. the projects or programmes referred to in this paragraph will realized the objectives which they pursue and establish parameters or indexes that allow to assess their collective level of compliance.


This agreement contains 1996 global commitments aimed at this goal, among which are the following: setting up of a system of planning and management of human resources based on the real and effective workloads.


Increase efforts in training derived from the increase in teaching hours and generalisation of training plans, unless this would lead to an increase in troops.


Rationalisation of the structure of human resources and the composition of templates through a selective public employment offer.


Title III employment public chapter VI criteria applicable to public employment during the period 1995-1997 public employment during this period will accommodate to the definitions of the new legal status, and the new design of the judicial office, and shall primarily be presided over by the following criteria: reorganization, transformation and distribution of employment, in order to move towards an occupational structure more in line with the needs of the administration of Justice to respond better to the professional staff at your service expectations and to increase their opportunities for advancement.


Consolidation of temporary employment making it fixed to the extent that meets needs and tasks of character permanent, not short-term.


Rationalization of employment through the offer of public employment, for which purpose the entry of new public servants will have selective character.


Conversion plans of the employment for the expansion of the workforce reduced days.


Chapter VII comprehensive human resources planning 1. The comprehensive human resources planning will include effective workloads and will be linked to the plans of activities and tasks of each specific field.


2. the integrated planning will be based on the following estimates and measures: size and structure of the workforce that is considered adequate.


Quantitative measures and, especially, qualitative that they need to adapt and adjust the template initial to the lessor of the integrated planning.


Personnel policies and partial management or operational plans derived from these provisions and measures.


Measures and management processes that must be performed in the field of training, promotion, mobility, income and modification or distribution of jobs.


Chapter VIII development policies of human resources 1. Human resources planning qualitative aspects and the development of such policies will be addressed in particular.


2. the integrated planning primary purpose will be increase work capabilities and professional opportunities for staff in the service of the administration of Justice and, fundamentally, assure and assign them an effective and suitable work.


3. in the comprehensive human resources planning will be integrated training plans and forecasts and promotion measures that are needed, and will also include forecasting and funcionarizacion processes that proceed.


4. the integrated planning will be measures of mobility that are needed, from a positive perspective, as a necessary tool to assign suitable work. They will prevail and will encourage voluntary mobility and shall ensure that the management of this process is carried out in a personalized way and accompanied by the necessary training actions.


5. mobility is restricted to the judicial party of initial destination and its neighbouring area, except in cases in which voluntarily accept or demand another broad mobility. Mobility will only take place when it has been agreed with unions at the heart of the integrated planning of human resources.


6. in any case not measures of mobility which have not been subject to prior negotiation with the trade unions. Decrease in pay the workers affected come perceiving, not may result in the adoption of measures of compulsory mobility.


Chapter IX management processes of staff 1. In line with the implementation of integrated planning of human resources and employment systems should develop a staff management system more operational and consistent with the principles involved in planning.


In this sense, over the period 1996-1997, it will guide systems of management of personnel toward the following objectives: enhance the powers of management of the personnel of the General Secretariat of Justice.


Assign clear and not bureaucratic targets to the various processes of personnel management.


Use means more agile and flexible in the management of staff, both in terms of people and jobs.


Put in the foreground the concern the implementation of active policies in the field of development, training and promotion of staff in the service of the administration of Justice.


2. in line with the objectives laid down in the field of personnel management, the Administration will negotiate with unions at the table of remuneration and employment application procedures of provision of jobs and in particular to the system of competitions, seeking a greater homogeneity in the treatment of common issues and, at the same time, a greater adaptation to different areas of activity and functional.


Chapter X negotiation of the integrated planning of human resources 1. The negotiation of the integrated planning of human resources will take place at the table of remuneration and employment of the administration of Justice.


2. the trade unions shall be informed of the information related to the integrated planning and, without prejudice to the powers of self-organization, which correspond to the Administration, will negotiate all the impact that staff may have measures in the planning.


3. in the table of fees and employment, Administration will negotiate with unions the criteria that should be adjusted planning, especially refers to the implementation of human resources development policies and treatment of mobility processes.


Chapter XI public job offer 1. During the period 1995-1997 public employment offer will be a selective and will focus primarily on those civil servants bodies and professional categories that are considered priority.


2. the performance of the Administration will tend to that, at the end of 1997, all the economic openings have been offered publicly.



3. in the table of fees and employment should be the comprehensive analysis of the offer of public employment and the aspects that impact on the working conditions of public employees will be negotiated.


4. the public employment offer will include, in addition to the definition of staffing needs to be covered in the appropriate exercise for external candidates, policies expected to develop during the exercise in public employment.


The needs and the provisions that are contained in the integrated planning of human resources serve as a basis to develop public employment offer relating to the periods of 1996 and 1997.


5. in public employment offers will be giving special treatment to the professional opportunities of persons with physical disabilities: the Administration will determine the functional sectors in which it is more feasible to apply the reservation of places for this group.


Chapter XII Conversion of temporary seats into fixed 1. During the period 1995-1997, a temporary jobs program will develop in fixed, in those cases in which the tasks have permanent and not temporary, in order to promote the solution of this problem decisively during the referred period.


2. the transformation of temporary unavailable in fixed squares can be performed: either through the creation of fixed squares of labour issues in those sectors or functional areas enclosed within the scope of the collective agreement of the working staff.


Or through templates of officials of bodies increases in the high courts of Justice-dependent variable extension support services.


To proceed with the transformation of temporary unavailable in fixed places, must be considered a project where the use of the organ to which they belong the squares analyzed globally. This project shall be part of the integrated planning of human resources.


3. during the period 1995-1997 will not proceed to the recruitment of new personnel temporary, nor to the appointment of interim officials, except in exceptional cases and to meet needs urgent and non-Deferrable.


Contracts to meet seasonal needs will be automatically completed to beat your time scale.


4. the workforce of temporary and interim officials may continue serving during this three year period unless, taking into account objective workloads, are no longer needed their services or they could be replaced by permanent staff or new.


The legal figures that come in each case may be used for continuity.


Title IV career and promotion chapter XIII criteria administrative career 1. The new model of legal status should be characterized by bodies of staff management and professional categories more in keeping with the new model of organization than the accurate administration of Justice and by the definition of a modern system of race that split recognition actually developed functions.


The professional structure of this new model will enable greater flexibility in job performance and a higher degree of adaptation to the professional expectations of civil servants.


2. the actions in the field of career will go mainly towards these objectives: define areas of activity and functional areas that delimit the career.


Achieve a greater connection between bodies and professional categories, establishing mechanisms enabling the promotion.


Chapter XIV promotion 1. Professional promotion shall constitute an indispensable in an advanced model of race, especially in the field of management developed in its dimension and its functional areas.


Determined the selective processes of new entrants, the adaptation of the professional structure of the legal status must be made, largely through the mechanisms and promotion processes.


2. as a general promotion criteria shall be taken into account the following: promotion shall be instrument for increasing the capacity of work of public employees and, ultimately, their motivation and integration.


Promotion should be based on the professional effort, professional history and career, and the training and qualification acquired, and must also be under consideration seniority.


3. in accordance with these criteria, following the entry into force of this agreement, shall be made promotion processes, separate from income, which will be held in separate calls.


4. inside of the forecasts of the integrated planning of human resources may authorize specific processes of promotion in the context of the global management of their troops and their jobs, regardless of promotion processes that are carried out in General.


Chapter XV career criteria applicable to the body of judicial agents 1. Measures that intensify the internal promotion processes from the body of agents to the of auxiliaries of the administration of Justice will be promoted.


2. the calls for promotion from the auxiliary body of agents will be verified, without prejudice to what has been agreed in point 3 in the previous chapter, on the basis of the provisions of article 11 of the existing organic regulation of the bodies of official, auxiliaries and agents of the administration of Justice (Royal Decree 2003 / 1986, 19 September) through competition, where the merits will be assessed regarding jobs held, with the level of training and seniority.


Chapter XVI career criteria applicable to the body of auxiliaries of the administration of Justice 1. Calls for access to the body of auxiliaries of the administration of justice require knowledge and capabilities appropriate to this professional level and the area of activity or functional to which correspond the convened squares.


A higher qualification and specialization of this body will be sought.


2. the access to the body of officials of the administration of Justice will take place through the promotion from auxiliary body.


In the case of vacancies could offer these free turn.


Officials of the Corps of assistants who are in possession of the title of top Bachelor or equivalent may choose the promotion contest opposition freely.


Officials of the body of auxiliaries that do not have the title of Bachelor or equivalent, may participate in the calls for promotion to the officer corps provided that they have ten years old in the body of auxiliaries, or five years in the same more passing a specific training course. Access to this course will be based on objective criteria.


3 calls for promotion of assistants to the official body shall be carried out by the system of competition.


Merits related to the career and jobs carried out, with the level of training and also the antique will be assessed during the competition.


In the phase of opposition primarily expertise are required.


The Administration will promote timely proposals to make necessary legal amendments, so that the previous criteria gain entry into force in 1996.


Chapter XVII career criteria applicable to the body of officials of the administration of Justice 1. In a new professional structure, the officials of the body of officials of the administration of justice must constitute a sector qualified procedural management.


In line with the above, staff policy will enhance training activities for this body.


2. in the context of a new model of legal status, the promotion of the officer corps officials, that they are in possession of the degree in law, the body of judicial secretaries, shall be carried out by the system of competition and will reach 50 by 100 of the vacancies in the third category of this body.


If vacancies could offer these free turn.


Chapter XVIII criteria of race applicable to bodies of court clerks and 1 forensic doctors. Professional bodies of court clerks and coroners it highlights is the inadequacy of the current model's career.


In this sense, even though it may be complex to apply partial modifications outside the framework of a new legal status, the actions carried out in the future in this area must be directed to strengthen the professional positions defined by the training and functions to develop.


2. the Ministry of Justice and Home Affairs and trade unions agree the convenience and opportunity of structuring a sector of technical managers and a directive career within the administration of Justice.


This measure is intended to increase the degree of professionalization of the directive area of the administration of Justice and thus the levels of efficiency in its operation.


Chapter XIX the workforce promoting fixed 1. The criteria that are contained in this agreement on promotion will inspire forecasts that on professional development for the workforce to be established in the collective agreement of the working staff in the service of the administration of Justice.



2. when there are categories of staff who perform functions related to the bodies of officers, membership of these bodies may be through the system of competition, which is in phase of competition experience and professional record of these candidates.


Chapter XX Funcionarizacion 1. Immediately be declared professional categories of administrative funcionarizacion to extinguish and which have equivalence in the current bodies of officials. They will be carried out for this purpose tests prepared by the Administration, prior negotiation with unions signatory of this agreement, in accordance with the following criteria: tests shall be appropriate to the professional level of the corresponding body.


Efforts are made to facilitate the candidates the necessary training to submit to tests in conditions.


The integrated planning of human resources may establish specific criteria on the funcionarizacion, in particular opportunities for candidates and selective evidence.


2 funcionarizacion processes affect the expectations of the officials in the field of mobility and promotion.


To these effects specifications that are precise to ensure this principle will be included in the contests for provision of jobs.


3. in the bosom of the table of remuneration and employment be ordered the execution of the process and calendars, being able to specify specific criteria for the process of funcionarizacion.


4. the possible creation of new bodies of officers may include processes of funcionarizacion of the workforce that came playing the corresponding functional area tasks.


Title V training chapter XXI object and purpose of policies 1. The public service must address, increasingly more pronounced way, qualitative problems, stemming from the need to adapt to the new demands of society.


Required renewed knowledge and the adaptation of professional attitudes and values.


In this context training should be considered as a necessity and a professional obligation.


2. training is an essential element in the strategy change of the administration of Justice, a basic factor to increase the motivation and the integration of staff in its service and a mechanism effective and indispensable for joint mobility and promotion.


Consequently, training will have to pass to a close-up on the concern of the administration of Justice, by which this is committed to substantially increase the supply of training and to link it to the development of the Administration career and promotion.


3. on the other hand, the signing of the national agreement on continuing training and the tripartite agreement on continuous training of employed workers, on December 16, 1992, as well as the agreement of the Tripartite Commission of 15 July 1994 to extend the application of these agreements to the staff of public administrations, open up new possibilities of action for policies in this area , especially in regards to the involvement of trade unions in its development.


Ministry of Justice and Interior and trade unions agree to declare that the partnership of all stakeholders, administrative and social, in the planning, management and delivery of the training in the administration of Justice, will provide a climate of collaboration and involvement of the staff at your service in the development of this program, so must be very positively influencing the satisfactory fulfilment of its objectives.


Chapter XXII training plans 1. Training, which has to be addressed systematically and not cyclical, must be a constant, dynamic process and updated, results-oriented, integrated and complemented the rest of personnel policies.


Therefore, must be subject to specific plans such as: initial training, training for internal promotion and formation of recycling.


2. the General Secretariat of Justice shall draw up each year during the term of this agreement, an annual training Plan that will be linked to the integrated planning of human resources.


Also, training plans may contemplate the specificities of the autonomous communities in the formation at services located in the same.


Chapter XXIII collaboration on training with the Union Central in the term of this agreement, shall remain in force for the current collaboration training agreements between the Ministry of Justice and trade union organizations, annually updated headings for the grant of training actions, in accordance with the determining of the State budget.


CHAPTER XXIV funding of the plans of formation 1. Training plans that draw up the General Secretary of Justice may be financed, in addition to own budget allocations, or through funds for continuing training from the quote by vocational training, in the form agreed upon by the Commission of continuing training of the administration of the State.


2. the administration of Justice, as to perceptora of funds for continuing education, shall maintain effort training come, so will supplement appropriations to fund intended to training by funds received for continuing training.


Chapter XXV course offerings and times for training 1. The Administration is committed to expand substantially during the period 1995-1997 training actions, to achieve the goals envisaged in the agreement.


During this period will be used, in addition to the credits that are included in the General State budget which allow to finance training programs, funding for continuing training under the agreements Administracion-sindicatos of 15 September 1994.


Over the period 1995-1997 will increase the number of teaching hours, having as goal to double the number of the courses currently.


2 courses that set the Administration for professional training or adaptation to a new job, the time of assistance will be considered for all purposes working time.


3. in order to facilitate vocational training, administration, within the framework of the ILO Convention 140, commits to the following concrete measures: granting of permits paid to attend to final examinations and tests of competency and assessment for an academic or professional degree.


Granting of forty hours per year at most to attend professional training courses, when the course is held outside the Administration and content thereof is directly associated with the place of work or his professional career in the administration.


Granting of permission not paid, of a maximum duration of three months, to attend courses of professional improvement, permitting the service management and the Organization of work.


Chapter XXVI management of continuing training 1. In the field of the administration of Justice, the proposal of continuous training plans will be conducted by the joint training Commission provided for in the eighth title of this agreement.


2. training proposals put forward by the Administration to be financed by funds of continuous training shall have been previously agreed with representative trade unions in the field of the administration of Justice.


The application and distribution of these funds will be also according to representative trade unions.


3. trade unions may also develop and present to the joint training Commission training plans for staff in the service of the administration of Justice, to be financed in the form to be determined in the agreement for continuing training.


Title VI social action, health and social protection chapter XXVII social action 1. The Joint Commission on Social action foreseen in the eighth title of this agreement will analyze and evaluate social action programmes developed in the administration of Justice.


In view of this analysis, the Commission will recommend the policy to be followed in this matter, will formulate relevant proposals and specially designated: to establish priorities and general criteria that must be applied.


Basic lines and to develop specific programmes.


Funds to allocate to these actions in the period 1995-1997.


2. on an annual basis, the Joint Commission will prepare the corresponding social Action Plan within the framework of the general criteria established by the Joint Commission on social action of general scope.


The Social Action Plan will address the specific objectives to achieve, the actions to be developed, the funding that will be allocated for financing, General conditions for the granting of the aid established and the procedure of management of the resources allocated.



3 in order to improve the social welfare of workers, the administration of justice be used to finance actions and social programs a percentage of the wage bill of staff that provide services in it, so that a ratio of 0.8 is reached every year by 100. This Social Action Fund will be used interchangeably for all public employees in the administration of Justice.


Chapter XXVIII occupational health 1. Considering that public employees are entitled to effective protection of their physical integrity and health at work, and that the Administration has the duty to promote, develop and implement an appropriate risk prevention policy, the parties undertake to cooperate closely to raise levels of health and safety at work in the administration of Justice.


2. in the field of the administration of justice action on occupational health is centralized in the Joint Committee on occupational health and Social action envisaged in chapter 38 of this agreement, and it will be composed equally of representatives from the General Secretariat of Justice and trade unions signatory of this agreement.


3. the Joint Committee on occupational health and Social action will have the following functions: promote the dissemination, dissemination and knowledge of the occupational risk prevention law project, within the scope of the negotiation table of the administration of Justice.


Propose specific scope for the establishment of the health and safety committees concerned with the administration of Justice, taking into account this existing representative bodies, the activity of the affected agencies and the type and frequency of risks.


Participate in the elaboration of its sectoral scope risk map, ensuring the investigation of occupational diseases.


Participate in the elaboration of plans and general prevention programmes and their implementation in practice.


Generally, formulate proposals deemed appropriate in this matter in order to achieve a normal and effective implementation of the future law of prevention of occupational risks.


4 in order ensure a coordinated action with regard to occupational health, which affects both the collective personal official how to working arrangements, representation and participation in prevention will be jointly for both groups.


CHAPTER XXIX welfare during the term of this agreement will study the situation of the system of social protection of civil servants in order to improve it, creating the effect a work Committee in the bosom of the Bureau of employment and remuneration.


Title VII other matters working times.


Absenteeism.


Management of the negotiation of the collective agreement.


Resources in terms of personnel.


Chapter XXX work calendar, schedules, reduced day 1. The distribution of the day and the fixing of working hours will be maintained through the work schedule established by the Ministry of Justice.


The approval of the work schedule, as well as instructions for the fulfilment of the schedule, shall be prior negotiation with the unions signatory to the level of representation that corresponds.


The work schedule is determined by the number of hours per year, unless their distribution and application can modify the number of days of vacation.


2. the work schedule shall be flexible and shall consist of mandatory fixed part and a variable part.


In general the main part of the schedule, call fixed or stable, will be five and a half hours daily of compelled attendance, from Monday to Friday, for all staff between nine hours and the fourteen thirty hours. Be set, prior negotiation, other hours of entry and exit, provided as to guarantee at least five and a half hours continued forced concurrency.


The variable part of the schedule distributed to the worker will be constituted by the difference between twenty-seven hours and average and those established as weekly schedule, calculated monthly, and will meet from Monday to Saturday according to the instructions for the fulfillment of the timetable.


3. the workshops and special schedules will be negotiated with the Central Trade Union signatories of the agreement, keeping both between the current situations.


4. in those cases in which is compatible with the played position and workplace functions, agents, auxiliary, officers and coroners, with the authorization of the General Secretariat of Justice, may make a low, continuous and uninterrupted, day of the nine to fourteen hours, receiving a 75 by 100 of the total of their remuneration.


CHAPTER XXXI Symposium of verano-vacaciones 1. During the period between July 1 and September 1, the General Secretary of Justice may establish an intensive day of thirty-five hours per week working on monthly computation.


2 annual holiday will enjoy, at the request of the person concerned, preferably during the months of July, August and September provided the service is properly guaranteed.


Chapter XXXII truancy 1. Management and unions agree on the need to implement measures against absenteeism mainly of a structural nature.


2. in collaboration with the unions signatory of this agreement, shall be the necessary studies on the causes and extent of absenteeism, as well as systematic measures that can be applied.


3. the administration of Justice, in view of the conclusions derived from these studies, will promote actions with homogeneous character to develop.


Chapter XXXIII sort of negotiation of the collective agreement of the working staff in the service of the administration of Justice 1. During the 1996-1997 period, remuneration and employment table ordered and scheduled, before December 31 of each year, the negotiation of the collective agreement for the following year.


The Bureau may establish criteria and make recommendations for negotiating with General. Homogeneous treatment of problems or situations equal or similar will be sought and will be driven adaptation of the collective agreement, when there are reasons which make it reasonable, as provided in the agreement on management of the collective bargaining of the Government workforce.


2 will seek to transfer the collective agreement criteria contained in this agreement, especially in terms of remuneration, promotion, occupational health and social action.


3 shall ensure that the negotiation of the collective agreement is closed within the first quarter of each year.


Chapter XXXIV resources in administrative proceedings in respect of staff 1. Unions and management agree on the inadequacy of the current system of resources in terms of staff, not only for the interested parties but also for the administration.


It seems therefore convenient new solutions which preserve guarantees of public employees increasing agility in resolving resources.


2 both part agree that would be beneficial, both for the administration of justice stakeholders, facilitate the rapid resolution of resources and the homogenization of the criteria in the field of personnel management.


3. both parties are agreed on the desirability of studying new formulas that could have accommodated the configuration of an internal instance for the resolution of administrative resources, character specialist, professional, not subject to the principle of hierarchy in its resolutions and that they put an end to the administrative procedure.


4. both parties also agree on the need to establish mechanisms of mediation, arbitration or conciliation for the extrajudicial resolution of conflicts collective and individual that may arise between the administration of Justice and its employees.


Title VIII transfers Chapter XXXV transfers personnel staffing processes transfers that have occurred or may occur during the term of this agreement obligated to adopt special provisions with a view to ensure the effectiveness of its content matter what administration proud of competences, in order to the necessary legal certainty and the desirability of ensuring the homogeneity of the judicial service in the whole of the State.


Title IX relations Administracion-sindicatos chapter XXXVI relations Justicia-Sindicatos management 1. Forecasts on collective bargaining contained in the fourth title of the Administracion-sindicatos agreement of 16 November 1991, will remain in force until they negotiate a new framework of relations Justicia-Sindicatos management.


2. in order to strengthen the structure of the bargaining and ensure more appropriate procedures, you create, dependent of the sectoral table of the administration of Justice, a table of remuneration and employment. Also created two joint committees called training, and occupational health and Social action.


These three instances will have a permanent nature, will play the roles which attributed them this agreement and will form within a period of fifteen days since the signing of the same.


Chapter XXXVII table fees and employment



1 table of remuneration and employment dependent on the sectoral table on the administration of Justice shall be composed by representatives of the Administration and the trade unions and shall have the following tasks: negotiate the modification of the incentive payments.


Analyze the public employment offer and negotiate those aspects that impact on public employees, especially promotion processes.


Analyzing the projects of conversion or transformation of temporary fixed seats, as well as the procedures to bring the temporary workforce fixity.


Specify the criteria to be applied in the processes of funcionarizacion.


Order joint negotiation of the collective agreement of the labor staff and, in view of the timetable for negotiations, proposing advances on account of pay in this field.


Prepare technical studies on the evaluation of programmes and actions that will increase the quality and efficiency of public employment.


Determine the criteria for the definition of wage masses and the appropriate methods for their calculation, as well as to determine and quantify the corresponding slides to the various groups.


Inform on aspects that affect staff in the process of transfer to the autonomous communities.


Negotiate the quantitative and qualitative measures that are needed to adapt and adjust the initial template that results from the integrated planning, both as regards their dimension as to its structure.


Study and implementation of measures aimed at the improvement of the system of social protection of the staff at the service of the administration of Justice.


All those arising from this agreement.


Chapter XXXVIII joint training Commission 1. The joint training Commission shall be composed of representatives of the Administration and signatory unions of the present agreement in number to determine the sectoral table and you will have the following tasks: establish the criteria that must satisfy the plantes and training projects so that they can be financed by funds of continuing education in the field of the General Administration of the State.


Establish the order of priority of training projects and plans.


Monitor the proper execution of the actions.


2. regardless of their tasks in the field of continuous training, this Commission set guidelines to be conform to the negotiation of the Plantes of training.


Chapter XXXIX Joint Committee on occupational health and Social Action 1. The Joint Committee on occupational health and Social action will be composed by representatives of the Administration and signatory unions of the present agreement in number to determine the sectoral negotiating table and develop the tasks attributed this agreement to in matters of occupational health and Social action.


This Commission will have the following fundamental functions: receive information and coordinate the actions of the occupational health and Social action committees.


Involved in the implementation of effective and practical measures of protection in accordance with what the law of prevention of occupational risks.


Discuss the peculiarities of the administration of Justice in relation to the occupational risk prevention law project.


Develop all kinds of initiatives that will lead to better protection of health at work in the field of the administration of Justice.


The functions attributed to it in the field of social action and social protection in the sixth title of this agreement.


Chapter XL monitoring of the agreement the parties of this agreement be held two meetings, one in each semester, which will evaluate the development of the same.


Given that the attainment of the goals expected are linked to multiple legislative changes, the signatory trade unions condition the fulfillment of the obligations that contracting to the effectiveness of such policy changes.


And for the record is signed this agreement on the date and place stated.-the Secretary of State of Justice, Maria Teresa Fernández of the Vega for CSI-CSIF, Andrés Sanz Cabezuelo.-by CC. OO., Enrique Arnau Ibarreta.-by UGT, Fernando Medina Martin for CIG, José Carlos Crespo Santiago.

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