The Agreement between the Ministry of Justice and the Interior and the Trade Unions for the period 1995-1997 has been signed, on working conditions of the staff at the service of the Administration of Justice, which is annexed to this Agreement. Resolution, I have resolved to proceed with its publication to the appropriate effects.

What I communicate to V. I.

Madrid, February 5, 1996. -Attorney General Fernando Escribano Mora.

Ilmo. Mr. Deputy Director-General of Human Resources Planning and Management.

ANNEX

MINISTRY OF JUSTICE AND INTERIOR AGREEMENT-TRADE UNIONS FOR THE PERIOD 1995-1997, ON WORKING CONDITIONS OF THE STAFF AT THE SERVICE OF THE ADMINISTRATION OF JUSTICE

In Madrid, to eighteen of December of a thousand nine hundred and ninety-five, the representations of the Ministry of Justice and Interior and of the Trade Union Organizations, Confederation of Independent Trade Unions and Trade Union of Officials (CSI-CSIF), Comisiones Obreras (CC.OO.), Union General de Trabaldores (UGT), and Confederation Interunion Galega (IGC), after the negotiation carried out under Law 7/1990 of 19 July on collective bargaining and participation in the determination of the working conditions of public employees, they agree Subscribe to this Agreement:

Introduction

1. The process of modernization of Spanish society requires the Administration of Justice, to advance at the same pace, an effort aimed at achieving greater efficiency in services, and more efficiency and quality, with the objective of bringing the public authorities closer to the citizens through a more efficient, efficient administration of lower costs and adapted to the new social reality resulting from our integration into the European Union.

Aware of this, Administration and Trade Unions agree on the need to open a new process that will deepen the modernization of the Administration of Justice.

2. Any strategy of transformation of an organization requires the promotion of personnel policies that consider human resources as the key factor.

The improvements achieved show that it is not possible to move forward in a process of change without the support and commitment of public employees, whose involvement in the objectives is essential.

Sharing this analysis, Administration and Trade Unions agree on the need to define a model of a single legal status for the entire State that meets the needs of the current administration and satisfies the expectations and professional interests of the public employees in the service of the Administration of Justice.

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

In addition, the Legal Statute must be based on the definition of tasks whose practice justifies the functioning of the Corps in the service of the Administration of Justice. In this sense, both the Administration and the signatory trade union organizations consider it appropriate to proceed to a redefinition of these functions, based on the current experience of the practice of their performance in the Secretariats and offices. legal.

3. A legal/professional statute that places the professional career systems of public employees at the service of the Administration of Justice in the foreground is, in the opinion of the Ministry of Justice and Interior and Trade Unions, the appropriate instrument to launch the process.

To this respect Administration and Trade Unions agree that the new legal framework of the Statute:

It has to be adjusted to a Justice Administration that must address increasingly complex and differentiated social demands, to which it must respond nimbly in defense 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 effectiveness, requires more flexible rules of operation, different from the current.

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

It has to imply a clear definition of the organic and functional dependency of the personnel with respect to the judiciary and the Ministry of Justice and Interior.

You must sign up for a necessary reform of the procedural laws.

4. The overall planning of human resources, through the rationalization of the occupational structure, will enable the different situations to be addressed with appropriate measures of reordering, transformation and distribution of employment within a framework of stability in the same.

5. The remuneration is linked to the evolution of the economic measures and to the fulfilment of the objectives which, expressed in the Convergence Programme, are collected in the General Budget of the State. This allows us to establish a horizon of stability in which the treatment of remuneration is linked to the real abilities of our economy, while improving the situation of the public sector, obtaining better results in the (a) a number of different programmes and a general increase in productivity should lead to additional incentives and pay increases.

6. To meet these objectives, the Justice and Trade Unions have agreed to structure the negotiation process in two phases:

In the first, concrete commitments and agreements are included on a wide range of subjects, which will be in force for the period 1995-1997.

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

Given that the professional duties of the bodies at the service of the Administration of Justice are basically defined in the Organic Law of the Judicial Branch and in the law of procedure, the Ministry of Justice Justice and Home Affairs will guarantee the participation of the trade union organizations subscribed to the agreement, in all the processes of reform thereof.

The subjects that have been agreed upon in the first negotiation phase are as follows:

Procedure for negotiating retributive modifications.

Criteria to be applied in public employment policy for the period 1996-1997.

Specific measures that affect the development of the career and the promotion of the staff at the service of the Administration of Justice, differentiated according to the professional body or category to which they belong.

Momentum and management of the functionalization process.

Measures to strengthen training actions and to extend the training offer of the Administration of Justice.

Articulation of a system to manage funds for continuing training, as agreed at the General Civil Service Bureau.

Rationalization and relaxation of working time (days, schedules, holidays).

Measures against absenteeism.

Control and inspection measures for temporary work disabilities.

Forecasts in the field of Social Action.

Forecasts in the field of occupational health.

Ordination and articulation of the negotiation of the Collective Labour Convention.

Forecasts to streamline and improve staff resource resolution.

Establishment of new mechanisms to improve the system and the procedures for negotiation General Secretariat of Justice and Trade Unions.

Trade union relations framework for the period 95-97.

7. In the second stage of the negotiations, the following substantive issues of the Legal Statute will be discussed:

Functions of the Professional Bodies and Categories.

Professional structure and career.

Remuneration system.

Rights and duties of public employees of 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, if any, of Corps and Function Escalations.

Job provision systems.

8. The process will culminate, once the second phase of negotiation has been completed, with the elaboration, by the Ministry of Justice and Interior, of a Project of Legal Staff Regulations to the service of the Administration of Justice.

This legal status should be the appropriate instrument to guarantee both the characteristics of the National Bodies and the capacity for political action of the Autonomous Communities that they have assumed. competence in the field of personnel at the service of the Administration of Justice.

Finally, the Administration and Trade Unions estimate that the technical perspective is insufficient in such a complex matter and that it affects so many internal interests and expectations, and even external ones to the Administration itself.

It is therefore necessary to obtain the highest possible degree of consensus, especially the trade union; even more so, given that the analysis and conclusions to be reached in the second phase of negotiations will have to be very important. for the new operating model of the Administration of Justice.

Therefore, the Agreement reached by the Ministry of Justice and Home Affairs and Trade Unions, Confederation of Independent Trade Unions and Trade Unions (CSI-CSIF), Workers ' Commissions (CC.OO.), General Union of Workers (UGT), and the Galega Interunion Confederation (IGC) must be an instrument that guarantees an adequate professional horizon for public employees, promotes an improvement in the efficiency and quality of the Administration of Justice in all orders and contribute to the general modernization of Spanish society.

TITLE I

Scope

CHAPTER I

Scope

1. This Agreement shall be of general application to the staff at the service of the Administration of Justice, both to the bodies of officials defined in Article 454 of the current Organic Law of the Judiciary, and to the professional categories defined in the corresponding Collective Labour Staff Convention.

2. This Agreement shall enter into force on the day following that of its publication and shall have a period of validity covering the years 1995, 1996 and 1997.

TITLE II

Remuneration

CHAPTER II

Increase in remuneration

The remuneration of staff at the service of the Administration of Justice is subject to the agreement of the Administrative and Trade Unions of 15 September 1994, Chapters 2, 3, 6 and 8, both in respect of the increase of remuneration as to the Fund for the maintenance of purchasing power.

CHAPTER III

Negotiating the remuneration conditions

1. Amendments to the remuneration of staff included in the scope of this Agreement shall be negotiated with the trade unions which are signatories to this Agreement in accordance with the actual, technical and administrative tasks they carry out in the the bodies at the service of the Administration of Justice.

2. The Administration shall inform the Trade Unions, within the Sectoral Bureau of Remuneration and Employment, of the criteria applied in the setting, distribution and quantity of performance incentives. The trade unions present at the Bureau will be able to provide alternative initiatives and proposals.

CHAPTER IV

Remuneration management programs

As of the last quarter of 1995, a programme of rationalisation and management of complementary remuneration will be negotiated, consisting essentially of achieving a more adequate distribution of remuneration rates among the different concepts.

CHAPTER V

Productivity programs

1. Overall remuneration for the financial years 1996 and 1997 may be increased taking into account projects or programmes which tend to increase the quality and efficiency of the administration of justice through a better use and qualification of human resources.

2. The projects or programmes referred to in this paragraph shall concretize the objectives pursued and shall establish parameters or indices to enable the assessment of their collective level of compliance.

This Agreement contains for 1996 global commitments aimed at this goal, including the following:

The implementation of a system of planning and management of human resources based on real and effective workloads.

Increased training efforts resulting from the increase in the number of hours and generalisation of the Training Plans, without this being able to lead to an increase in the number of staff.

Streamlining the structure of human resources and the composition of templates through a selective Public Employment offering.

TITLE III

Public Employment

CHAPTER VI

Criteria applicable to public employment policies during the period 1995-1997

Public employment policies during this period will accommodate the definitions of the new legal status, and the new design of the judicial office, and will be primarily chaired by the following criteria:

Reordering, transforming and distributing employment, with the aim of moving towards an occupational structure more in line with the needs of the Justice Administration, which responds better to the professional expectations of the personal to your service and increase your opportunities for promotion.

Consolidation of temporary employment is fixed to the extent that it meets needs or tasks of a permanent and non-cyclical nature.

Rationalization of employment through the Public Employment Offer, to which the entry of new public employees will have a selective character.

Job conversion plans for the expansion of reduced working staff.

CHAPTER VII

Integral Human Resource Planning

1. The Comprehensive Human Resources Planning will provide for the effective workloads and will be linked to the activities and tasks of each specific area.

2. Integral Planning will be based on the following forecasts and measures:

The dimension and structure of the staff template that is considered appropriate.

Measures of a quantitative and, especially, qualitative nature that are necessary to adapt and adjust the initial template to which it is based on the Integral Planning.

Staff policies and partial management or operational plans derived from these forecasts and measures.

Measures and management processes to be carried out in the field of training, promotion, mobility, entry and modification or distribution of jobs.

CHAPTER VIII

Human Resource Development Policies

1. In the planning of human resources, the qualitative aspects and the development policies of the same will be addressed in a special way.

2. Integral Planning will have the primary purpose of increasing the work capabilities and professional opportunities of the staff in the service of the Administration of Justice and, fundamentally, to assure them and to assign them an effective and appropriate.

3. In the Integral Planning of Human Resources the training plans and the forecasts and measures of promotion that are needed will be integrated, and will include also the forecast and the processes of functionalization that come.

4. Integral Planning will address the mobility measures that are needed, from a positive perspective, as a necessary instrument to assign appropriate work. They shall first and encourage voluntary mobility and ensure that the management of this process is carried out in a personalised manner and with the support of the necessary training actions.

5. Mobility shall be restricted to the scope of the initial judicial party of destination and its borders, except where other, more extensive mobility is voluntarily accepted or otherwise. Mobility will only be carried out when it has been agreed with the Trade Unions within the Comprehensive Human Resources Planning.

6. In any event, no mobility measures shall be taken which have not been the subject of prior negotiation with the trade unions. The adoption of forced mobility measures will not lead to a reduction in the remuneration paid by the workers concerned.

CHAPTER IX

Staff Management Processes

1. In line with the implementation of comprehensive human resource and employment planning systems, a more operational personnel management system should be developed and in line with the principles of planning.

In this respect, over the period 1996-1997, personnel management systems will be oriented towards the following objectives:

Enhance the staff management powers of the General Secretariat of Justice.

Assign clear and non-bureaucratic goals to the various personnel management processes.

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

To put in the forefront the concern for the implementation of active policies in the field of development, training and promotion of personnel in the service of the Administration of Justice.

2. In line with the objectives listed in the field of personnel management, the Administration will negotiate with the Trade Unions at the Bureau of Remuneration and Employment to apply them to the procedures for the provision of jobs and in particular to the system of competitions, seeking greater homogeneity in the treatment of the common issues and, at the same time, a better adaptation to the different areas of activity and functional.

CHAPTER X

Comprehensive Human Resource Planning Negotiation

1. The negotiation of the Comprehensive Human Resources Planning will be held at the Justice Administration's Bureau of Remuneration and Employment.

2. The Trade Unions will have knowledge of all the information related to the Integral Planning and, without prejudice to the faculties of self-organization that correspond to the Administration, will negotiate all the repercussions that in matter of personnel may have the measures referred to in that Schedule.

3. The Administration will negotiate with the Trade Unions the criteria to be adjusted by the Planning Board, in particular with regard to the implementation of policies for the development of human resources and treatment. of the mobility processes.

CHAPTER XI

Public Employment Offering

1. During the period 1995-1997 the Public Employment Offer will be selective and will concentrate mainly on those working bodies and professional categories which are considered to be priorities.

2. The administration will have to take action at the end of 1997 to ensure that all economic vacancies have been publicly offered.

3. The global analysis of the Public Employment offer will be carried out at the Bureau of Remuneration and Employment and will be negotiated on the aspects that affect the working conditions of the public employees.

4. The offer of Public Employment shall include, in addition to the definition of the needs of staff to be covered by external candidates in the corresponding financial year, the policies to be developed during the exercise in the field of public employment.

The needs and forecasts contained in the Comprehensive Human Resources Planning will serve as the basis for the elaboration of the Public Employment Offer for the 1996 and 1997 financial years.

5. The Public Employment Offers will seek to give special treatment to the professional opportunities of individuals with physical disabilities:

The administration will determine the functional sectors in which it is most feasible to apply the reserve of places for this group.

CHAPTER XII

Converting temporary places to fixed

1. During the period 1995-1997 a programme for the conversion of temporary jobs into a fixed period will be developed, in cases where the tasks are permanent and non-cyclical, in order to make a decisive contribution to the solution. of this problem during the period.

2. The processing of temporary fixed-character squares may be carried out:

Or through the creation of fixed job positions in those sectors or functional areas covered within the scope of the Collective Labour Staff Convention.

Or through increases in the staff of the Corps of Officials in the variable extension support services of the Superior Courts of Justice.

In order to transform temporary positions into fixed positions, a project should be considered where the employment of the body to which the places belong is analyzed. This Project should be part of the Comprehensive Human Resources Planning.

3. During the period 1995-1997 the recruitment of temporary staff, and the appointment of interim officials, will not be carried out, except in exceptional cases and to cover urgent and non-deferred needs.

Contracts to meet seasonal needs will automatically end when you beat your time limit.

4. Temporary work staff and interim officials may continue to provide services during this three-year period unless, taking into account the objective burden of work, their services are no longer necessary or may be necessary. be replaced by fixed or new income.

To give effectiveness to continuity, the legal figures that come in each case may be used.

TITLE IV

Career and promotion

CHAPTER XIII

Criteria for the administrative career

1. The new model of legal status should be characterised by a management of the bodies of officials and professional categories, in line with the new model of organisation which the Administration of Justice requires and by the definition of a Modern career system that is part of the recognition of the functions effectively developed.

The professional structure of this new model will allow greater flexibility in the performance of positions and a greater degree of adequacy to the professional expectations of the public employees.

2. Career actions will primarily target these goals:

Define areas of activity and functional scopes that delimit the professional career.

Achieve a greater connection between the Professional Bodies and Categories, establishing mechanisms that enable promotion.

CHAPTER XIV

Promotion

1. Professional promotion should be an indispensable tool in an advanced career model, especially in the field of an Administration developed in its dimension and in its functional areas.

Certain selective processes of new income, the adaptation of the professional structure of the legal status must be carried out, in good measure, through the mechanisms and processes of promotion.

2. The following general criteria for promotion shall be taken into account:

The promotion should be an instrument to increase the work capacity of public employees and, in short, their levels of motivation and integration.

The promotion must be based on the professional effort, the professional history and the career, and the training and qualifications acquired, and the age must also be considered.

3. According to these criteria, after the entry into force of this Agreement, promotion processes will be carried out, separated from the ones of entry, which will be developed in independent calls.

4. Within the forecasts of the Integral Planning of Human Resources, specific promotion processes may be authorized in the context of the overall management of their personnel and their jobs, regardless of the processes of the promotion of the promotion of the general public.

CHAPTER XV

Career Criteria applicable to the Judicial Agents Body

1. Measures will be promoted to intensify the internal promotion processes from the Body of Agents to the Auxiliary of the Administration of Justice.

2. The calls for promotion from the Body of Agents to the Auxiliary Body shall be verified, without prejudice to the provisions of point 3 of the previous chapter, on the basis of the provisions of Article 11 of the current Organic Regulation of the Officials, Auxiliary and Agents of the Administration of Justice (Royal Decree 2003/1986 of 19 September 1986), by means of a competition in which merit is assessed in relation to the positions of employment, with the level of training and with the seniority.

CHAPTER XVI

Career Criteria applicable to the Justice Administration Auxiliary Corps

1. Calls for access to the Justice Administration's Auxiliary Corps shall require adequate knowledge and skills at this professional level and in the area of activity or functional area to which the designated places correspond.

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

2. Access to the Justice Administration Officers ' Corps will be conducted through advocacy from the Auxiliary Corps.

In the case of remaining vacant seats, you may be offered for free duty.

Officials of the Auxiliary Corps who are in possession of the title of higher or equivalent Bachiller may opt for contest by contest freely.

Officials of the Corps of Auxiliary Officers without the title of Bachiller or equivalent may participate in the calls for promotion to the Body of Officers provided they are ten years old in the Body of Auxiliaries, or five years in the same plus the overcoming of a specific training course. Access to this course will be based on objective criteria.

3. The calls for the promotion of the Corps of Auxiliary Officers shall be carried out by the system of concurring-opposition.

In the competition phase, merit-related merits and positions will be valued, with the level of training and also the age.

In the opposition phase, specialized knowledge will be required.

The Administration will push forward the appropriate proposals for the necessary legal changes, in order to ensure that the previous criteria are in effect in 1996.

CHAPTER XVII

Career Criteria applicable to the Administration of Justice Officers ' Body

1. In a new professional structure, officials of the Office of the Officers of the Administration of Justice shall constitute a qualified sector of the procedural management.

In line with the above, personnel policy will enhance training actions for this Corps.

2. In the context of a new model of legal status, the promotion of officers of the Body of Officers, who are in possession of the Bachelor of Law, to the Body of Judicial Secretaries, shall be carried out by the system of concurso-opposition and reach 50 per 100 of the vacant places in the third category of this Body.

In case of remaining vacant places, you could offer them for free shift.

CHAPTER XVIII

Career Criteria applicable to the Forensic and Medical Secretaries Corps

1. In the professional field of the Corps of Judicial Secretaries and Medical Physicians, the current model of career is clearly inadequate.

In this respect, even if it is complex to apply partial modifications outside the framework of a new legal status, the future actions in this field will be geared to strengthening the positions of the professionals defined by the training and the functions to be developed.

2. The Ministry of Justice and Home Affairs and the Trade Unions agree on the desirability and opportunity to structure a sector of managerial technical personnel and a managerial career within the Administration of Justice.

This measure aims to increase the degree of professionalization of the area of the administration of Justice and thus the levels of effectiveness in its operation.

CHAPTER XIX

Promotion of fixed labor staff

1. The criteria which are set out in this Agreement for promotion shall be based on the provisions on professional promotion laid down for work staff in the Collective Labour Convention for the Service of the Administration of Labour. Justice.

2. Where there are categories of work staff who perform functions related to the bodies of officials, the entry into these bodies may be effected by means of the system of competition, with experience and experience being assessed at the stage of the competition. professional history of these candidates.

CHAPTER XX

Functionality

1. An immediate effect will be on the functionalization of the professional categories of administrative character declared to be extinguished and which have equivalence in the current Corps of Officials. This will be carried out by the Administration, after negotiation with the Trade Unions that have signed this Agreement, in accordance with the following criteria:

The tests will be appropriate at the professional level of the corresponding Body.

The candidates should be provided with the necessary training to present themselves to the tests under appropriate conditions.

The Comprehensive Human Resources Planning will be able to establish specific criteria for functionalization, especially on candidates ' opportunities and selective testing.

2. The processes of functionalization will not affect the expectations of the officials in terms of mobility and promotion.

To this effect, specifications that are precise to ensure this principle will be included in the procurement competitions.

3. The process and the timetables will be implemented within the Bureau of Remuneration and Employment, and specific criteria for the different processes of functionalization can be specified.

4. The possible creation of new bodies of officials may include processes of functionalization of the labor personnel that will be carrying out the tasks of the corresponding functional area.

TITLE V

Training

CHAPTER XXI

Object and purpose of training policies

1. The role of the public service must be dealt with in a more and more pronounced way, problems of a qualitative nature, resulting from the need to adapt to the new demands of society.

Renewed knowledge and adaptation of professional values and attitudes are needed.

In this context, training must be regarded as a necessity and a professional obligation.

2. Training is an essential element in the strategy of change of the administration of justice, a basic factor for increasing the motivation and integration of the staff to its service and an effective and indispensable mechanism for articulating the mobility and promotion.

Consequently, training must be brought to the fore in the concern of the Administration of Justice, which is why it undertakes to substantially increase the supply of training and to link it to the development of the administrative career and promotion.

3. On the other hand, with the signing of the National Agreement on Continuing Training and the Tripartite Agreement on the Continuing Training of the Occupied Workers, on 16 December 1992, as well as the Agreement of the Tripartite Commission of 15 July 1992. 1994 to extend the application of these Agreements to the staff of the public administrations, new possibilities for action for training policies in this field are opened, in particular with regard to the participation of trade unions. in its development.

the Ministry of Justice and Home Affairs and Trade Unions agree that the joint participation of all actors, administrative and social, in the planning, management and delivery of continuing training in the administration of Justice will bring a climate of collaboration and involvement of the staff to its service in the development of this program, so that it will have a very positive influence on the satisfactory fulfilment of its objectives.

CHAPTER XXII

Training Plans

1. The training, which must be addressed in a systematic and non-cyclical way, must be a constant, dynamic and up-to-date process, oriented towards the achievement of results, integrating and complementing the other personnel policies.

This should be the object of specific plans such as: Initial Training, Specific Training for Internal Promotion and Recycling Training.

2. The General Secretariat of Justice shall draw up annually, during the period of validity of this Agreement, an annual Training Plan that will be linked to the Integral Planning of Human Resources.

In addition, the Training Plans will be able to contemplate the specificities of the Autonomous Communities in the training to be taught in the services located in the same.

CHAPTER XXIII

Collaboration in training with the Central Trade Unions

In the period of validity of this Agreement, the current cooperation agreements on training signed between the Secretariat of State of Justice and the Trade Union Organizations will remain in force, updating annually the items for the grant of the training actions, in accordance with the determination of the General Budget of the State.

CHAPTER XXIV

Financing the Training Plans

1. The Training Plans to be drawn up by the General Secretariat of Justice may be financed, in addition to the budget headings of its own, or through the funds for continuing training from the contribution of vocational training, in the form to be agreed by the Commission on the continuing training of the State Administration.

2. The administration of justice, as the recipient of funds for continuing training, must maintain the training effort it is making, in such a way as to ensure that funds are provided for training in the form of funds received for training. continuing training.

CHAPTER XXV

Formative offer and times for training

1. The Administration undertakes to extend substantially during the period 1995-1997 the training measures, in order to achieve the objectives set out in this Agreement.

During this period they will be used, in addition to the credits included in the General Budget of the State that allow financing of training actions, funds for continuing training under the Agreements Administration-Trade Unions of 15 September 1994.

Over the period 1995-1997 the number of hours of reading will be increased, with the goal of doubling the number of the number of hours at present.

2. In the course of the course of the Administration for vocational training or for the adaptation to a new job, the time of assistance will be considered working time for all purposes.

3. In order to facilitate vocational training, the Administration, within the framework of ILO Convention 140, undertakes to take the following concrete measures:

Granting of paid leave to attend final examinations and tests of aptitude and evaluation for obtaining an academic or professional degree.

Granting of 40 hours per year maximum for the attendance of professional training courses, when the course is held outside the Administration and the content of the course is directly related to the post of or his professional career in the Administration.

Granting of unpaid leave, of a maximum duration of three months, for the attendance of professional training courses, provided that the management of the service and the organization of the work permit.

CHAPTER XXVI

Managing continuous training

1. In the field of the administration of justice, the proposal for a continuing training plan will be carried out by the Joint Training Commission provided for in the eighth title of this Agreement.

2. The training proposals submitted by the Administration to be financed by continuing training funds must have been previously agreed with the representative trade unions in the field of the Administration of Justice.

The implementation and distribution of these funds will also be carried out in agreement with the representative trade unions.

3. The Trade Unions may also draw up and submit to the Joint Training Commission training plans for staff at the service of the Administration of Justice, which shall be financed in the form specified in the Agreement for Training. It continues.

TITLE VI

Social action, occupational health and social protection

CHAPTER XXVII

Social Action

1. The Joint Social Action Committee set up under the eighth title of this Agreement will analyse and evaluate the social action programmes developed in the Justice Administration.

In view of this analysis, the Commission will recommend the policy to be followed in this area, will make the relevant proposals and will particularly point out:

Priorities to be set and general criteria to be applied.

Basic lines and specific programs to be developed.

Funds to be used for these actions in the period 1995-1997.

2. On an annual basis, the Joint Committee will draw up the corresponding Social Action Plan in the framework of the general criteria laid down by the Joint Committee on Social Action.

The Social Action Plan will provide for the specific objectives to be achieved, the actions to be taken, the economic envelope to be allocated for its financing, the general conditions for the granting of the aid establish and the procedure for the management of the resources allocated.

3. In order to improve the social welfare of workers, the Administration of Justice will allocate to finance actions and programmes of a social nature a percentage of the wage bill for all staff who provide services in the same way, Each year a ratio of 0.8 per 100. This Social Action Fund will be allocated interchangeably for all public employees of the Administration of Justice.

CHAPTER XXVIII

Job Health

1. Whereas public employees have the right to an effective protection of their physical integrity and health at work, and that the Administration has the duty to promote, formulate and implement an appropriate policy of risk prevention, The parties undertake to work closely together to raise the levels of health and safety at work in the Justice Administration.

2. In the field of the Administration of Justice, the actions on Employment Health will be focused on the Joint Committee on Health and Social Action provided for in Chapter 38 of this Agreement, and will be made up of equal parts by representatives. of the General Secretariat of Justice and of the Trade Unions which are signatories to this Agreement.

3. The Joint Committee on Labour Health and Social Action will have the following functions:

Promote the dissemination, dissemination and knowledge of the Draft Law on the Prevention of Labor Risks, in the field of the Negotiation Table of the Administration of Justice.

Propose the specific scope for the constitution of the Health and Safety Committees corresponding to the Administration of Justice taking into account for this the existing organs of representation, the activity developed by the bodies concerned and the type and frequency of the risks.

Participate in the elaboration of the risk map of its sector, guaranteeing the investigation of occupational diseases.

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

In general, formulate the proposals that you consider appropriate in this field in order to achieve a normal and effective implementation of the future Law on the Prevention of Labor Risks.

4. In order to ensure coordinated action in relation to occupational health, which affects both the collective of civil servants and the workforce, the representation and participation in the field of prevention will be jointly for both collectives.

CHAPTER XXIX

Social protection

During the period of validity of this Agreement the situation of the regime of social protection of the public employees will be studied in order to improve it, creating to the effect a commission of work within the Remuneration and Employment.

TITLE VII

Other Materials

Times of Work.

Absenteeism.

Ordering the negotiation of the Collective Agreement.

Staff resources.

CHAPTER XXX

Work schedule, schedules, reduced time

1. The distribution of the working time and the fixing of working hours will be carried out by means of the work schedule established by the Secretariat of State of Justice.

The approval of the work schedule, as well as the instructions for the fulfillment of the timetable, will be established after negotiation with the Signatory Trade Union Organizations at the appropriate level of representation.

The work schedule will be determined based on the number of hours per year, without your distribution and application being able to modify the number of vacation days.

2. The working hours shall be flexible and shall comprise a fixed part of compulsory compliance and a variable part.

The main part of the schedule, fixed or stable, will be of five and a half hours a day of compulsory attendance, from Monday to Friday, for all the staff between the nine hours and the fourteen thirty hours. Other hours of entry and exit may be established, subject to negotiation, provided that at least five and a half hours of compulsory concurrency are guaranteed.

The variable part of the schedule distributed at the will of the worker will be constituted by the difference between 27 and a half hours and those that are established as weekly schedule, in monthly calculation, and can be fulfilled from Monday to Saturday according to the instructions for the compliance of the schedule.

3. The special working days and timetables will be negotiated with the Central Trade Union of the Agreement, in the meantime the current situation.

4. In those cases where it is compatible with the functions of the post and the work centre, the Agents, Auxiliary, Officers and Forensic, with the express authorization of the General Secretariat of Justice, will be able to make a day reduced, continuous and uninterrupted, from nine to fourteen hours, receiving 75 per 100 of the total remuneration.

CHAPTER XXXI

Holiday-holiday day

1. During the period from 1 July to 1 September, the General Secretariat of Justice will be able to establish a working day of thirty-five hours per week in monthly calculations.

2. Annual leave may be enjoyed, at the request of the person concerned, preferably during the months of July, August and September, provided that the service is duly guaranteed.

CHAPTER XXXII

Absenteeism

1. Administration and trade unions agree on the need to put in place measures against absenteeism fundamentally of a structural nature.

2. The necessary studies on the causes and extent of absenteeism, as well as on the systematic measures that may be applied, will be carried out in collaboration with the Trade Unions that are signatories to this Agreement.

3. The administration of justice, in the light of the conclusions drawn from these studies, will give a homogeneous impetus to the actions to be taken.

CHAPTER XXXIII

Ordering the negotiation of the Collective Labor Contract at the service of the Administration of Justice

1. During the period 1996-1997, the Bureau of Remuneration and Employment shall order and schedule, before 31 December of each year, the negotiation of the Collective Agreement for the following year.

The Bureau may establish criteria and make recommendations for general negotiation. The uniform treatment of similar or similar problems or situations shall be sought and the adaptation of the Collective Agreement shall be initiated, where reasonable grounds are provided, as laid down in the Agreement on the Management of Trade collective of staff of the State Administration.

2. The criteria contained in this Agreement, in particular in the field of remuneration, promotion, occupational health and social action, shall be sought to be transferred to the Collective Agreement.

3. It shall be ensured that the negotiation of the Collective Agreement is closed within the first quarter of each year.

CHAPTER XXXIV

Resources on the administrative path in personnel

1. Trade unions and administration agree on the inadequacy of the current system of resources in the field of personnel, not only for the stakeholders but also for the administration.

It seems therefore convenient to search for new solutions that preserve the guarantees of public employees by increasing the agility in the resolution of resources.

2. Both parties agree that it would be beneficial both for the Administration of Justice and for the stakeholders to facilitate the rapid resolution of the resources and the homogenisation of the criteria for the management of personnel.

3. The two sides agree on the desirability of studying new formulas among which the configuration of an internal body for the resolution of administrative, specialised, professionalised, non-professional resources could be accommodated. subject to the principle of hierarchy in their resolutions and to put an end to the administrative route.

4. Both parties also agree on the need to establish mechanisms for Mediation, Arbitration or Conciliation for the out-of-court settlement of collective and individual conflicts that may arise between the Administration of Justice and its employees.

TITLE VIII

Personal transfers

CHAPTER XXXV

Staff Transfers

The processes of transfers that have already occurred or may occur during the period of validity of this Agreement require special provisions to ensure the effectiveness of their content, whatever the administration of a tempting authority, all in order to the necessary legal certainty and to ensure the homogeneity of the judicial service in the State as a whole.

TITLE IX

Administrative Relations-Trade Unions

CHAPTER XXXVI

Relations Administration-Trade Unions

1. The provisions on collective bargaining, which are contained in the fourth title of the Administrative Agreement of 16 November 1991, will be maintained in force until a new framework for relations is negotiated. Justice-unions.

2. In order to strengthen the structure of the negotiations and to guarantee more adequate procedures, a Bureau of Remuneration and Employment is created, which is dependent on the Sectoral Bureau of the Administration of Justice. In addition, two Joint Committees will be established, which will be called Training, and Health and Social Action.

These three instances shall be of a permanent nature, shall carry out the tasks conferred upon them by this Agreement and shall be constituted within 15 days of the signing of this Agreement.

CHAPTER XXXVII

Remuneration and Employment Table

1. The Board of Directors and Employment of the Sectoral Bureau of the Administration of Justice shall be composed of the representatives of the Administration and the Trade Unions and shall have the following tasks:

Negotiate the modification of the salary supplements.

Analyze the Public Employment Offer and negotiate those aspects that affect public employees, especially the promotion processes.

Analyze the projects of conversion or transformation of temporary places on fixed, as well as the procedures for the purchase of temporary workers.

Concretize the criteria to be applied in the processes of functionalization.

Ordering and articulating the negotiation of the Collective Labour Convention and, in the light of the timetable for negotiations, to propose advances for remuneration in this area.

Develop technical studies on the evaluation of programs and actions that increase the quality and efficiency of public employment.

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

Report on aspects affecting staff in the transfer process to the Autonomous Communities.

Negotiate the quantitative and qualitative measures that are needed to adapt and adjust the initial template to the one that results from the Integral Planning, both in terms of its dimension and its structure.

Study and implementation of measures aimed at improving the social protection regime of 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 the representatives of the Administration and the Trade Unions which are signatories to this Agreement in the number determined by the Sectoral Bureau and shall have the following

committed:

Determine the criteria to be met by the Plants and training projects so that they can be funded from continuing training funds in the field of the General Administration of the State.

Set the order of priority of Plans and Projects of continuous training.

Monitor the proper execution of the actions.

2. The Commission shall, irrespective of its continuing training tasks, lay down guidelines for the negotiation of the Training Plants.

CHAPTER XXXIX

Joint Committee on Labour Health and Social Action

1. The Joint Committee on Labour Health and Social Action shall be composed of the representatives of the Administration and the Trade Unions which are signatories to this Agreement in the number determined by the Sectoral Negotiation Table and shall develop the This Agreement shall be attributed to it by the Labour Health and the Social Action Party.

This Commission will have the following fundamental functions:

Receive information and coordinate the actions of the Health and Social Action Committees.

Participate in the effective and practical implementation of protective measures in accordance with the provisions of the Law on the Prevention of Labor Risks.

Discuss the peculiarities of the Administration of Justice in relation to the Draft Law on the Prevention of Labor Risks.

Develop all kinds of initiatives that 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

Tracking the Agreement

The parties to this Agreement shall hold two annual meetings, one in each semester, in which the development of the same shall be evaluated.

In view of the fact that the achievement of the aims that are intended are linked to the realization of multiple legislative changes, the undersigned trade union organizations condition the fulfilment of the obligations that they the effectiveness of these regulatory changes.

And for the record, this Agreement is signed in the place and date indicated. -Secretary of State of Justice, Maria Teresa Fernandez de la Vega. -By CSI-CSIF, Andres Sanz Cabezuelo. -By CC.OO., Enrique Arnau Ibarreta. -By UGT, Fernando Medina Martín. -By CIG, José Carlos Crespo Santiago.