Resolution Of 8 February 1996, Of The Ministry Of Justice, Which Is Issued Instructions On The Day And Schedules In The Field Of The Administration Of Justice.

Original Language Title: Resolución de 8 de febrero de 1996, de la Secretaría de Estado de Justicia, por la que se dictan instrucciones sobre jornada y horarios en el ámbito de la Administración de Justicia.

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The agreement of December 18, 1995, signed between the Ministry of Justice and Interior and the trade unions on working conditions in the administration of Justice for the period 1995-1997, includes in its seventh title criteria of rationalization and flexibilization of working times, anticipating that the instructions are established by the Secretary of State for Justice that should affect officials defined in article 454 of the organic law of the Judicial power.


For this reason, and in use of the powers conferred by article 189 of the law 16/1994, prior negotiation with the trade unions Confederation of independent trade unions and Trade Union of civil servants (CSI-CSIF), Comisiones Obreras (CC. OO.), General Union of workers (UGT), and Galician Inter-Union Confederation (CIG), heard the advice of the Secretariat and report of the General Council of the judiciary, this resolution is run.


The first. Scope-the present resolution shall apply to the staff of the administration of Justice, regulated in article 454 of the organic law 6/1985 of the judiciary.


Second. General rules about work schedule-the distribution of the day and hours fixing will be made by the working calendar. The General Secretary of Justice shall draw up the work schedule in December of each year for the following year, prior negotiation with the trade unions signatory of the agreement of 18 December 1995. In this timetable must include: the number of hours to carry out monthly and annual total.


National parties.


The festivities of each autonomous community and local festivals.


Special schedules that are in place each year.


The five days of day reduced by labour holidays of the different judicial districts.


Day of summer.


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


Third party. Working day and schedule General.-1. Working in the courts and tribunals, their secretariats and judicial offices shall be thirty-seven hours thirty minutes weekly monthly basis, according to the current work schedule, without prejudice to the Special timetables to be established.


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


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


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


The court clerks, in their status as directors of the Judicial Office, can extend their journey to the flexitime account to twenty-one hours, from Monday to Thursday, and exceptionally Friday up to nineteen hours when the reasons of the service so require it, without that apply in these cases the compensation provided for in the fifth point, second paragraph of this resolution.


4 you will enjoy a daily pause in the day's work for a period of thirty minutes, computable as effective work. The clerk of the Court, as the direct Chief of staff, must ensure so that service to the public during this break is properly guaranteed, organizing, if necessary, the corresponding shifts.


5. in cases in which is compatible with the functions of the position held and the needs of the service, the forensic, officials, assistants and judicial officers of the administration of Justice, may voluntarily make a low, continuous and uninterrupted journey from nine to fourteen hours, receiving a 75 by 100 of the total of its assets, prior approval of the Secretary-General or of the competent bodies of the autonomous communities that have received transfers personal media for the functioning of the administration of Justice.


6 warranty the service on Saturday.


The court clerks shall ensure adequate minimum personal assistance (unless can be more than one official per court), to attend the proceedings of urgent and urgent nature that may be charged to the flexible part of the schedule of the employees of that office, computing each hour worked between nine and fourteen hours, as if it were one hour thirty minutes effective , and fourteen hours onwards, as two effective hours.


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


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


Fifth. Compliance with the schedule.-1. Without prejudice to the provisions of the third point of this resolution, the staff at the service of the administration of Justice, court clerks, medical, forensic, auxiliary and judicial officers will play its activity in accordance with the needs of the service and, in any case, subject to hours of work established pursuant to the organic law of the Judicial power and in the terms of this resolution.


2 compliance with the established schedule will not justify the suspension or interruption of proceedings and proceedings urgent and non-Deferrable, computing in these hours of extension of time beyond the schedule set forth above (with the exception of guard service or approved special schedules) as follows: to) each hour worked up to nineteen hours, from Monday to Thursday, and until the fifteen thirty hours , Friday and day of summer, as an effective time.


(b) each hour worked between the nineteenth and twenty-two hours, from Monday to Thursday, and among the fifteen thirty and twenty-two hours of the Friday day of summer, such as a time and effective media.


(c) each hour worked from twenty-two hours and Sundays and public holidays and from fourteen hours, Saturday, as two effective hours.


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


This compensation shall be incompatible with those generated pursuant to the above, paragraphs B and C.


Sixth. Schedules Special-a) for the uniqueness of the service or the Court: when the peculiarities of some services or courts so warrant, the General Secretary of Justice may establish special schedules, prior negotiation with the trade unions most representative and report of the General Council of the judiciary. Resolution in which such special schedules are approved will also establish control of their compliance and hourly compensation system.


(b) by guard service: schedule which should govern the provision of guard service will be fixed in a special resolution.


Seventh. Day of summer.-during the period between July 1 and September 1, the General Secretary of Justice will establish an intensive working day which may be of thirty-five hours per week in monthly computation. The established day will be carried out between the seven thirty hours and the fifteen thirty hours, from Monday to Friday, being fixed or mandatory part between eight thirty and fourteen thirty hours. Regarding the schedule on Saturday it will be to the 3rd, 5th article of this resolution.


Eighth. Control of compliance with the schedule-internal control of compliance with the schedule in each Judicial Office will correspond to the clerk.


The General Secretariat of justice dictate precise instructions for the control of compliance with the schedule, means machining of time use and justification of incidents both in the offices where the mechanical control is installed as that still not had been its installation.


In those offices where they were installed mechanical means of control schedule, the court clerks, the 1st and 15th of each month, be sent to the corresponding Territorial management of Justice justification, if any, of absences detected by mechanical control system, according to the standard fixed by the instruction of the General Secretariat of Justice on 'Working hours control system' in the administration of Justice.



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


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


Repeated and unjustified failure to schedule may give rise to disciplinary sanction which determine the respective regulations (organic regulation of the bodies of officers, auxiliaries and agents of the administration of Justice approved by Royal Decree 249/1996, 16 February («Official Gazette» of March 1);) Regulation organic body of court clerks approved by Royal Decree 429/1988, on 29 April, and organic regulation of medical examiners approved by Royal Decree 296/1996, 23 February («Official Gazette» of March 1) and other regulations of supplementary application.


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


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


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


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


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


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


3. permissions, low and paid licenses will be calculated at the rate of seven hours thirty minutes daily.


First repealing provision.


This resolution repeals the resolutions H1/94 and H2/94 issued by the General Secretariat of Justice.


Second repeal provision.


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


First final provision.


References contained in the resolution concerning the judicial secretaries, as regards control of the compliance schedule and justification of incidents, be construed as references to the directors of the forensic anatomic, toxicological or once institutes of Legal Medicine or officials who delegated, respect of the dependent of these staff.


Second final provision.


Agreements of the Joint Commission training regarding the regime of schedule of training courses, will be effective with respect to this resolution.


Third final provision.


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


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


Hon. Justice Mr. Secretario general.

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