Resolution Of 27 April 1995, Of The Secretariat Of State For Public Administration, Which Are Issued Instructions On The Day And Hours Of Work Of Civilian Personnel At The Service Of The General Administration Of The State.

Original Language Title: Resolución de 27 de abril de 1995, de la Secretaría de Estado para la Administración Pública, por la que se dictan instrucciones sobre jornada y horarios de trabajo del personal civil al servicio de la Administración General del Estado.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The agreement signed on 15 September 1994 between the General Administration of the State and the trade unions on working conditions in the public service, for the period 1995-1997 includes in its seventh title criteria of rationalization and flexibilization of working times, anticipating that the relevant instructions will be established by the Secretary of State for public administration.

By virtue, prior negotiation with the trade unions, General Union of workers (UGT), Comisiones Obreras (CC. OO.), Confederation of independent trade unions and Trade Union of civil servants (CSI-CSIF) and Confederación Intersindical Galega (CIG), this Secretary of State for public administration has resolved: first-general rules on working time.

1. the work schedule is the technical instrument through which is the distribution of the day and the fixation of the work schedules of the civilian personnel at the service of the General Administration of the State.

2. ministries, autonomous bodies, managing bodies or common services of the Social Security and public bodies subject to the general legislation on civil service be approved annually their calendars work in accordance with these rules and prior negotiation, in any case, with the unions signatory of the agreement of 15 September 1994, in the field of representation that corresponds (, without prejudice to the provisions in article 9.4, to) of law 9/1987, of 12 June.

3 the working calendar will contain the schedule daily and weekly, as well as the annual distribution of the day, and must respect the following conditions: to) minimum period of stay is continued will be five and a half hours daily.

(b) during the working day you can enjoy a pause, for a period of twenty minutes, to be computed as effective work. This interruption will not affect the provision of services and in General, may be between ten and eleven thirty hours.

(c) schedules will accommodate the needs of the service, responding to the criteria to provide care to the public.

(d) the annual distribution of the day may not alter the number of vacation days that set the standards in force.

4. the working time of each Ministry, autonomous body, entity management company or Social Security and public service common service will be signed by the respective competent authority (Deputy Secretary, President, CEO, etc.) with the application for all services and units - Central and territorial - under its organic unit, without prejudice to the provisions of the following numbers.

5. the delegates of the Government in the autonomous communities, with the assistance of the Commission established in article 7 of law 17/1983, of 16 November, approved a working calendar common determinando the day of summer apply to the services of the General Administration of the State, subject to the requirements and conditions established in this resolution.

They will also approve the general working time applicable to the various administrative units and peripheral services integrated in the common premises or buildings of multiple services of all its territorial scope.

6. the civil Governors, with the assistance of the Provincial Government Commission referred to in article 6 of the Royal Decree of 1801 / 1981, of 24 July, adopted a common work schedule for peripheral services in a same province only referred to the determination of the workday during the traditional festivities of its territorial scope, which may not exceed a maximum of five days per year.

7. the functions that the numbers 5 and 6 above are assigned to the delegates of the Government and civil Governors shall be exercised with respect to the staff of the military administration by the Secretary of State's military administration.

8. the labour calendars, made in accordance with the established in the previous issues, will be referred to this Secretary of State (General Inspectorate of services of the Administration public) for their knowledge.

General second-day and time: 1. weekly hours of work in the General Administration of the State is established in thirty-seven hours and thirty minutes, in weekly computation to be carried out in General from Monday to Friday in the flexitime scheme.

2. the main part of the schedule, called fixed or stable, time will be five and a half hours daily forced concurrency for all staff, between nine and the fourteen thirty hours. Other hours of input and output, they may be established provided that guarantee, at least, five and a half hours, continued forced concurrency.

3. the variable part of the schedule, or flexibility of the time, consisting of the difference between the time stable minimum of 27 hours and half those established as a weekly in the working calendar day, will be able to fulfill the seven thirty-nine hours and the fourteen thirty and nineteen hours, Monday to Friday.

4. for the application of flexible hours, must ensure, to the extent possible, limit and focus the variable part, reducing the time margins between the hours of entry and exit in the morning shift and grouping the remaining schedule in one or two evenings.

Third-day and hours of special dedication.

1. the staff obliged to serve in special dedicated regime coming will be a working time of forty hours a week, without prejudice to the increase of hours that's occasionally necessary for needs of service because of the special nature of this regime.

2 day special dedication will perform in accordance with the flexitime system and with the following specifications: a) staff included in this regime will have the obligation of providing hours of afternoon, at least one hour and a half each day between the fifteen thirty and nineteen hours from Monday to Friday.

(b) the work schedule may establish other forms of fulfillment of the evening day, in line with the provisions of the second paragraph 4, respecting the total of forty hours per week.

Fourth.-day continued.

1. in the various agencies and management centres a working week applicable personnel with special dedication distributed between nine and eighteen hours, from Monday to Thursday, and between nine and fifteen hours, may be established, on an optional basis, on Friday.

Monday-Friday hours will have a break for food among the fourteen thirty and the fifteen thirty hours.

2 the personnel not subject to the regime of special dedication that provides services in such agencies and management centres will be a working week, distributed in the following way: to) fixed or stable part of the schedule will be met between nine and the fourteen thirty hours, from Monday to Friday.

(b) the variable part of the schedule will be met among the fourteen thirty and eighteen hours, from Monday to Thursday, and among the fourteen thirty and eighteen hours, from Monday to Thursday, and among the fourteen thirty and fifteen hours, on Friday.

3 they may maintain a continuous day distributed among the seven thirty and the fifteen thirty hours, from Monday to Friday, those agencies and centres that come by applying it for the suitable management of its services.

Fifth-day reduced by particular interest.

1. in those cases in which is compatible with the nature of the position held and the features of the workplace, personnel who occupy jobs whose complement of target level is less than 28 may ask the competent body recognition of a reduced, uninterrupted, day of the nine to fourteen hours, Monday to Friday perceiving the 75 per 100 of its remuneration.

2. not this reduction in working hours may recognize staff who should provide services at special dedicated regime by the nature and characteristics of the performed job.

On the assumption that the special dedication not derived from the aforementioned circumstances and come remunerated exclusively by means of the concept of productivity for the realization of the corresponding day, reduction, may be authorized before passing to the regime of ordinary dedication with the consequent exclusion of such remuneration.

3. This reduced day will be incompatible with time reductions provided for in article 30.1 of the law 30/1984 of 2 August, and at the disposal additional fifth of Royal Decree 365/1995, of 10 March, that approves the regulation of situations administrative of the officials civilians of the General Administration of the State.

Sixth.-days and special times.

1 at the offices of information and attention, to the public, as well as in the records to be determined in the appropriate work schedule schema specific to the public shall be nine to fourteen hours and sixteen to eighteen hours, every working day except Saturday afternoon.

2. those other days and special times that exceptionally and for the interest of the service be carried out at certain functions or work centers, will be subject to the authorization of the Secretary of State, prior negotiation with the trade union organizations in the field concerned.

3 days and special times currently existing and authorized will be respected in the same conditions, without prejudice to the obligation to communicate to the Secretariat of State (General Inspectorate of services of the Administration public) the up-to-date list of them, as well as of the offices referred to in number 1 above.

Seventh.-day of summer.

1. during the period between July 1 and September 1 an intensive working day, at the rate of a minimum of seven continuous hours a day between eight and fifteen hours, can be established in those centers with the modalities of continuing day referred to in the fourth paragraph of the present resolution.

2. at workplaces with flexible of the regulated in paragraphs hours second and third of this resolution can be established equally intensive summer between July 1 and September 1 day, at the rate of seven continuous hours, provided that the fixed part of the forced competition (from nine to fifteen hours) increase and concentrate the variable part of the schedule (eight to nine hours and fifteen to seventeen hours).

3. the reduction in working hours on an annual basis, thus produced, will be recovered in the form that establishes the corresponding work schedule.

Eighth.-reasons for absences.

1. absences and lack of punctuality and permanence of personnel, in that it relies causes of disease, temporary disability and other force majeure require the immediate notice to the head of the corresponding unit, as well as its subsequent supporting justification, which shall be notified to the corresponding organ in terms of personnel.

2. in any case, and without prejudice to the discretionary power of the holders of administrative units to demand at any time the documentary justification timely, starting from the fourth day of illness will be mandatory the presentation of the party's low and successive of confirmation with the frequency that according to the rules applicable, as in the case of staff included in MUFACE or the General regime of the Social Security.

Ninth.-compliance monitoring.

1. General inspections of services of the various ministries and other bodies and agencies shall ensure compliance with hours and hours of work set out in the corresponding work schedule and, in general, the rules contained in the present resolution as well as of the criteria dictated by the Secretary of State, through the General Inspectorate of services of the public administration proposing the adoption of the necessary measures for the correction of violations and breaches.

2 units of staff will collaborate with services inspections on the performance of the duties entrusted them in the previous point to them.

3. holders of administrative units must notify his immediate superior failures not justified retention of staff dependants, in accordance with rules to be determined specifically in the work schedule.

4. the inspection and control functions of the undersecretaries and other competent authorities in this matter shall be exercised by the delegates of the Government and by the civil Governors in their corresponding fields, with the exception of staff provided for in the 12th paragraph. For this purpose, directors or regional and provincial delegates from the different services of the General Administration of the State shall communicate to the delegates of the Government or civil Governors the working calendar approved by the authorities referred to in paragraph 4, first.

To carry out the functions assigned this number, the delegates of the Government and the civil Governors may request specific actions of the General Inspectorate of services of the public administration or departmental inspections as necessary.

Tenth.-breakfast, permits and licenses.

1. the annual holidays, a month or thirty calendar days, can enjoy, at the request of the worker, throughout the year on minimum periods of seven consecutive calendar days, provided that corresponding holiday periods are consistent with the needs of the service.

2 along the year, public employees are entitled to enjoy up to six 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. Staff could distribute these days at your convenience, prior authorization of his superiors, which shall be communicated to the respective unit staff, and respecting the needs of the service. When these reasons it is not possible to enjoy the Modify permission before the end of the month of December, you may be granted in the first fifteen days of the month of January following.

3. on 24 and 31 December remain closed public offices, with the exception of General registration and information services.

The work schedule may establish measures of compensation for the case that the dates coincide with holidays or not working for the staff of the General Administration of the State.

Eleventh-time for training.

1. the time of attendance at training courses programmed by different organs of the General Administration of the State for professional training or adaptation to a new job, including those enrolled in the plans provided for by the agreement of training in the public administrations of 21 March 1995, shall be deemed for all purposes working time When courses are held within working hours.

2 also, to facilitate vocational training and personal development of public employees will be granted permissions for the following cases: to) paid permission to attend to final examinations and tests of competency and assessment for an academic or professional degree recognized during the time required for your celebration.

(b) permits, receiving only basic pay, up to a maximum of forty hours per year to attend professional training courses other than those referred to in number 1 of this section and whose content is directly related to the post of labour or the corresponding profesional-administrativa race, prior favourable report from the relevant hierarchical superior.

(c) permission not paid, of a maximum duration of three months, to attend professional training courses not directly related to the public service, permitting the service management and the Organization of work.

Periods of enjoyment of these permissions may not accumulate to other types of permits and licenses.

Twelfth.-exceptions. the rules contained in the present resolution shall not apply to staff teaching or labour of the Ministry of education and science, which provides services in educational institutions or support to teaching or to staff in institutions and health facilities, or to the staff of the autonomous agency Correos y Telégrafos, nor the staff of penitentiary institutions.

For these groups, as well as for those other than the singular nature of their work so requires, shall apply from specific regulations, which will be mandatorily reported to the Secretary of State.

13th.-entry into force and repeal.

The statement of 21 December 1983 and the resolutions of 26 January 1984, on August 27, 1985 and on July 1, 1992, all are hereby repealed them in this Secretary of State.

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

Madrid, April 27, 1995.-the Secretary of State for public administration, Constantino Méndez Martínez.

Lineal. Messrs. delegates del Gobierno and civil Governors and Ilmos. Messrs. undersecretaries.

Related Laws