The Agreement of 18 December 1995, signed between the Ministry of Justice and Home Affairs and the Trade Union Organizations on Working Conditions in the Administration of Justice for the period 1995-1997, provides for Seventh the criteria for rationalisation and relaxation of working time, providing for the Secretariat of State of Justice to set out the corresponding instructions, which should affect the officials defined in the article 454 of the Organic Law of the Judiciary.

Therefore, and in the use of the powers conferred by Article 189 of Law 16/1994, after negotiation with the trade union organizations Confederation of Independent Trade Unions and Trade Union of Officials (CSI-CSIF), Commissions Obras (CC.OO.), Union General of Workers (UGT) and the Galician Interunion Confederation (IGC), heard by the Council of the Secretariat and prior to the report of the General Council of the Judiciary, this Resolution is dictated.

First. Scope of application. This Resolution shall apply to the staff of the Administration of Justice, as governed by Article 454 of the Law of the Judicial Branch, 6/1985.

Second. General rules on the calendar of work. The distribution of the working time and the fixing of the schedules will be carried out through the work schedule. The General Secretariat of Justice will draw up this work schedule in December of each year for the following year, after negotiation with the trade union members which signed the agreement of 18 December 1995. In this calendar, they must be stated:

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

Parties at national level.

The parties of each Autonomous Community and local parties.

Special schedules that are in effect each year.

The five days of reduced working hours for the various judicial parties.

Summer Day.

The General Secretariat of Justice shall approve such a calendar after hearing the General Council of the Judiciary and the competent bodies of the Autonomous Communities that have received the transfers in the field of media personal for the operation of the Administration of Justice.

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

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

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

This flexible part of time will be distributed, at the discretion of the public employee, within the time frame between the seven thirty-nine hours, and from the fourteen to the nineteen hours, from Monday to Thursday; from seven Thirty to nine hours and fourteen to fifteen thirty hours, on Fridays, and Saturday from nine to fourteen hours.

The judicial secretaries, in their capacity as directors of the Judicial Office, will be able to extend their day to account of the flexible schedule until twenty-one hours, from Monday to Thursday, and exceptionally on Fridays until the 19 hours when the reasons for the service so require, the compensation provided for in the fifth paragraph of this Resolution shall not be applied in such cases.

4. You will be able to enjoy a daily break in the working day for a period of thirty minutes, computable as effective work. The judicial secretary, in his capacity as the direct chief of staff, must ensure that the public service during this break is duly guaranteed, organizing, if necessary, the corresponding shifts.

5. In those cases in which it is compatible with the functions of the job and with the needs of the service, the Forenses, Officers, Auxiliary and Judicial Agents of the Administration of Justice, may voluntarily make a day reduced, continuous and uninterrupted from nine to 14 hours, receiving 75 per 100 of the total of their assets, after approval by the General Secretariat or the competent bodies of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice.

6. Service warranty on Saturdays.

The judicial secretaries shall ensure the assistance of the appropriate minimum staff (without being able to be more than one official by the Court), in order to attend to the urgent and non-deferred actions that may be considered by the court. to the flexible part of the schedule of the public employees of said office, computing every hour worked between the nine and the fourteen hours, as if it were an hour thirty minutes effective, and from the fourteen hours onwards, like two hours effective.

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

Fourth. Hours of care for the public and professionals. -Set the schedule of public hearing in the form determined in article 188 of the Law of the Judicial Branch; the hours of attention to the public and to the professionals in the Secretariats and Judicial Offices shall be from nine to fourteen hours, respecting, in any case, the fixed schedule of public hearing and shall be made known in an ostensible manner on the outside of Courts and Tribunals.

Fifth. Compliance with the schedule. -1. Without prejudice to the provisions of the third paragraph of this Resolution, the staff at the service of the Administration of Justice, Judicial Secretaries, Medical Officers, Officers, Auxiliary and Judicial Agents shall carry out their activity according to the needs of the service and, in any case, subject to the working hours established in accordance with the Organic Law of the Judiciary and in the terms of this Resolution.

2. Compliance with the established timetable shall not justify the suspension or interruption of urgent and non-deferred proceedings and proceedings, taking into account the hours of extension of the day beyond the timetable set out above (with Exception of the on-call service or approved special schedules) as follows:

a) Every hour worked until nineteen hours, Monday through Thursday, and until fifteen thirty hours, Friday and summer day, as an effective hour.

b) Every hour worked between nineteen and twenty-two hours, Monday through Thursday, and between fifteen and twenty-two hours, Friday and summer day, as an effective hour and a half.

c) Every hour worked from twenty-two hours and Sundays and holidays and from fourteen hours, on Saturdays, as two effective hours.

3. If the above circumstances result in excess of hours worked on the monthly working day, they may be amortised within the flexible time period of the month following the month in which it is produced, each time being time exceeded, such as effective time and average.

This compensation will be incompatible with those generated in accordance with the above, paragraphs B and C.

Sixth. Special timetables.-(a) For the peculiarity of the service or the court: Where the peculiarities of certain services or courts so advise, the General Secretariat of Justice may establish special timetables, prior to negotiation with the most representative trade unions and the report of the General Council of the Judiciary. The Resolution in which such special timetables are adopted shall also establish the system for monitoring their compliance and time compensation.

(b) By the on-call service: The timetable to be governed by the provision of the on-call service shall be fixed in special resolution.

Seventh. Summer Day. -During the period from 1 July to 1 September, the General Secretariat of Justice will establish an intensive working day which may be thirty-five hours a week in monthly calculations. The working day may be carried out between seven and thirty hours, from Monday to Friday, with the fixed or compulsory part being between eight thirty and fourteen thirty hours. With regard to the hours on Saturdays, the provisions of Article 3. 5. of this Resolution will be included.

Eighth. Control of the compliance of the schedule. The internal control of the compliance of the schedule in each Judicial Office will correspond to the judicial secretary.

The General Secretariat of Justice will dictate the precise instructions for the control of the time, for the use of the mechanized means of control time and for the justification of incidents in the offices where the mechanical control is installed as in which the installation has not yet been carried out.

In those premises where mechanical means of control of the timetable are installed, the judicial secretaries, on 1 and 15 of each month, shall forward to the corresponding Territorial Management of Justice the justification, if the (a) of the absences detected by the mechanical control system, in accordance with the rule setting out the instruction of the General Secretariat of Justice on the "System for the control of working hours in the Administration of Justice".

Monthly, the Territorial Managers of Justice or the competent authority of the Autonomous Communities with competence in matters of personnel, shall forward to the Judicial Secretaries the lists resulting from the performance of the time.

Ninth. Non-compliance with working hours. The proportional deduction of assets shall be made in the cases where there is a difference, in monthly calculation, between the day of regulation and that actually carried out, unless justified, as prescribed by the Article 56.2 of Law 42/1994 of 30 December ("Official State Gazette" of 31) amending Law 17/1980 on the Remuneration of Personnel to the Service of the Administration of Justice.

The unjustified and repeated failure to comply with the timetable may result in disciplinary action to be determined by the respective regulations (Organic Regulations of Officers, Auxiliary and Agents of Administration of Justice approved by Royal Decree 249/1996 of 16 February ("Official State Gazette" of 1 March); Organic Regulation of the Body of Judicial Secretaries approved by Royal Decree 429/1988 of 29 April, and Organic Regulation of Doctors Forensics approved by Royal Decree 296/1996 of 23 February (Official Gazette of the State) of 1 March) and other regulations implementing the application.

10th. Holidays, permits and licenses. -1. The staff at the service of the Administration of Justice who has worked, in active service, for one year, shall have the right to enjoy an annual vacation of one month or to the days that correspond to them if the service time is less. For this purpose the year of service will be the judicial year, and therefore, will be computed from September to September.

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

The judicial secretaries will participate in the Governing Room, and the corresponding Territorial Managers, the stay shifts during the month of August, and the officials who are to provide services during that month. as the authorization of holidays for other months or periods.

In any case, the allocation of the holiday shifts should be carried out with criteria of equity between the different components of the offices.

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

Such days may not, in any case, be accumulated for annual leave periods. Judicial Secretaries with the supervision of Judges, Magistrates or Presidents shall authorize the days of their enjoyment, unless objective needs of the service are met. Where for these reasons it is not possible to enjoy the said permit in full or in part before the end of December, they shall be enjoyed in January of the following year.

3. Paid leave, leave and leave shall be counted at a rate of seven hours thirty minutes per day.

First repeal provision.

This Resolution repeals Resolutions H1/94 and H2/94 issued by the General Secretariat of Justice.

Repeal provision second.

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

Final disposition first.

The references contained in this Resolution concerning the judicial secretariats, in respect of the control of the time-keeping and the justification of incidents, shall be construed as references to the Directors of the Forensic Anatomical, Toxicology or in their day Institutes of Legal Medicine or officials in whom they delegate, with respect to the staff dependent on them.

Final disposition second.

The Agreements of the Joint Training Commission on the schedule of training courses will be effective with regard to this Resolution.

Final disposition third.

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

Madrid, February 8, 1996. -Secretary of State Maria Teresa Fernandez de la Vega and Sanz.

Ilmo. Mr Secretary-General for Justice.