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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.

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The Agreement signed on 15 September 1994 between the General Administration of the State and the Trade Union Organizations on Working Conditions in the Civil Service for the period 1995-1997 provides for the seventh criteria for rationalisation and relaxation of working time, providing that the Secretariat of State for Public Administration will establish the appropriate instructions.

Under negotiation with Trade Union Organizations, General Workers 'Union (UGT), Workers' Commissions (CC.OO.), Confederation of Independent Trade Unions and Trade Union of Officials (CSI-CSIF) and Confederation Interunion Galega (IGC), this Secretary of State for Public Administration has resolved:

First.-General labor calendar rules.

1. The work schedule is the technical instrument through which the distribution of the working day is carried out and the working hours of the civil personnel are fixed at the service of the General Administration of the State.

2. The ministries, self-employed bodies, management bodies or common social security services and public bodies subject to the general rules on public service shall approve their work schedules on an annual basis in accordance with the present rules and after negotiation, in any case, with the Trade Union Organisations which are signatories to the Agreement of 15 September 1994, in the field of representation which corresponds, without prejudice to the provisions of Article 9.4 (a) of Law 9/1987, of 12 June.

3. The work schedule shall contain the daily and weekly schedule, as well as the annual distribution of the day, and the following conditions shall be met:

a) The minimum continuous stay time will be five and a half hours per day.

b) During the working day, a pause may be enjoyed for a period of twenty minutes, which will be computed as effective work. Such interruption shall not affect the provision of services and, in general, may be effected between 10 and 11 30 hours.

c) Timings will accommodate the needs of the service, responding to the criterion of facilitating public attention.

d) The annual distribution of the day may not alter the number of vacation days that the regulations in force establish.

4. The working calendar of each Ministry, autonomous body, managing body or common social security service and public body shall be signed by the competent authority (Under-Secretary, President, Director-General, etc.). for all services and units-central and territorial-under their organic dependence, without prejudice to the following numbers.

5. The Government's delegates to the Autonomous Communities, with the assistance of the Commission established in Article 7 of Law 17/1983, of 16 November, will approve a common working calendar determining the summer day applicable to the services peripherals of the General Administration of the State, subject to the requirements and conditions set out in this Resolution.

They will also approve the general employment calendar applicable to the various administrative units and peripheral services integrated into the common dependencies or multiple services buildings in all their territorial scope.

6. The Civil Governors, with assistance from the Provincial Government Commission referred to in Article 6 of Royal Decree 1801/1981 of 24 July, will approve a common working calendar for peripheral services in the same province. exclusively referred to the determination of the working day during the traditional festivities of its territorial scope, which may not exceed a maximum of five days a year.

7. The functions that the numbers 5 and 6 above assign to the Government Delegates and Civil Governors shall be exercised with respect to the personnel of the Military Administration by the Secretary of State of Military Administration.

8. The work schedules, drawn up in accordance with the above numbers, will be forwarded to this Secretariat of State (General Inspection of Public Administration Services) for their knowledge.

Second. -Day and General Hours:

1. The weekly working day of the General Administration of the State is established in thirty-seven hours and thirty minutes, in weekly computation, which will be held on a general basis from Monday to Friday on a flexible schedule.

2. The main part of the schedule, called fixed or stable time, will be five and a half hours of compulsory attendance for all staff, between nine and fourteen thirty hours. Other hours of entry and exit may be established, provided that they guarantee at least five and a half hours, which shall be continued.

3. The variable part of the time, or time of flexibility of the time, constituted by the difference between the minimum stable time of twenty-seven and a half hours and those which are established as a weekly working calendar day, may be fulfilled between the seven thirties and the nine hours, and between the fourteenth and thirteenth hours, from Monday to Friday.

4. For the application of flexible schedules, the variable part should be sought, as far as possible, by reducing the time slot between the hours of entry and departure in the day of tomorrow and by grouping together in one or two evenings the remaining time.

Third. -Day and time of special dedication.

1. The staff who are obliged to provide services on a special basis shall carry out a working day of 40 hours per week, without prejudice to the increase in hours which is occasionally necessary for service needs the special nature of this scheme.

2. The day of special dedication will be performed according to the flexible schedule system and with the following specifications:

(a) The staff included in this scheme shall be obliged to provide services in the afternoon, at least one and a half hours each day, between the fifteen and the thirties from Monday to Friday.

(b) The working calendar may provide for other arrangements for the completion of the evening day, in line with the provisions of paragraph 2 (4), respecting the total of 40 hours per week.

Fourth.-Continued day.

1. A weekly working day applicable to staff with special dedication between nine and eighteen hours, from Monday to Thursday, and between nine and more hours may be established in the various bodies and management centres. Fifteen hours, on Friday.

The schedule from Monday to Friday will have an interruption for the food between the fourteen thirty and the fifteen thirty hours.

2. Staff not subject to the special dedication scheme providing services to such bodies and management centres shall carry out a weekly distributed day as follows:

(a) The fixed or stable part of the timetable shall be between nine and fourteen thirty hours, from Monday to Friday.

(b) The variable part of the timetable shall be between fourteen and eighteen hours, Monday to Thursday, and between fourteen and eighteen hours, Monday to Thursday, and between fourteen and fifteen hours, the Friday.

3. They will be able to maintain a continuous day distributed between the seven thirties and the fifteen thirty hours, from Monday to Friday, those agencies and centers that will be able to apply it for the proper management of their services.

Fifth. -Reduced by special interest.

1. In those cases where it is compatible with the nature of the job and the functions of the centre of work, the staff employed in posts whose level of complement of employment is less than 28 may apply to the body. The Commission has been responsible for the recognition of a reduced, uninterrupted working day from nine to 14 hours, from Monday to Friday, receiving 75 per 100 of its remuneration.

2. This reduction in the working time may not be recognised by the nature and characteristics of the job being carried out under special dedication.

In the case that the special dedication does not derive from the above mentioned circumstances and is paid exclusively by means of the concept of productivity by the realization of the corresponding journey, the (a) a reduction, after a transition to the ordinary dedication scheme, with the consequent exclusion of such a remuneration concept.

3. This reduced-time mode will be incompatible with the reductions in working time provided for in Article 30.1 of Law No 30/1984 of 2 August and in the fifth provision of Royal Decree 365/1995 of 10 March 1995 approving the Regulation of Administrative Situations of Civil Servants of the General Administration of the State.

Sixth. -Days and special schedules.

1. In the offices of information and attention to the public, as well as in the Records to be determined in the corresponding work schedule, the specific time of attention to the public will be nine to fourteen hours and sixteen to eighteen hours, all working days except on Saturday afternoons.

2. Those other days and special schedules which, exceptionally and for the interest of the service, must be carried out in certain functions or centres of work, shall be subject to the authorization of this Secretariat of State, after negotiation with the Trade union organisations in the field concerned.

3. The currently existing and authorized special days and times will be respected under the same conditions, without prejudice to the obligation to communicate to this Secretariat of State (General Inspection of Public Administration Services). the updated ratio of the same, as well as the offices referred to in the previous number 1.

Seventh. -Summer Day.

1. During the period from 1 July to 1 September, an intensive working day may be established, at a minimum of seven hours a day between eight and 15 hours, in those centres which are eligible for work. arrangements for continuous working hours referred to in the fourth paragraph of this Resolution.

2. In the centres with flexible working hours of the second and third paragraphs of this Resolution, it will be possible to set up an intensive summer intensive day between 1 July and 1 September, at the rate of seven hours, provided that the fixed part of the required concurrency (from nine to fifteen hours) is increased and the variable part of the schedule is concentrated (eight to nine hours and fifteen to seventeen hours).

3. The annual reduction in the annual count, thus produced, will be recovered in the form that the corresponding work schedule establishes.

Eighth. -Justification of absences.

1. The absence and lack of punctuality and permanence of the staff, in which causes of illness, temporary incapacity and others of force majeure are alleged will require the immediate notice to the person responsible for the corresponding unit, as well as its ulterior supporting evidence, which shall be notified to the relevant body in respect of personnel.

2. In any event, and without prejudice to the discretion of the holders of the administrative units to require at any time the appropriate documentary justification, the presentation of the information shall be obligatory from the fourth day of illness. part of the lower part and the successive confirmation with the periodicity which the regulation applies, depending on the staff included in MUFACE or the General Social Security Scheme.

Ninth. -Compliance Control.

1. The General Services Inspections of the different Ministries and other entities and bodies shall ensure that the working hours and schedules are met in the corresponding work schedule and, in general, of the standards contained in this Resolution as well as the criteria dictated by this Secretariat of State, through the General Inspection of Services of the Public Administration, proposing the adoption of the necessary measures for the correction of breaches and breaches.

2. The staff units shall cooperate with the Services Inspections in the performance of the duties assigned to them in the preceding paragraph.

3. The holders of the administrative units shall communicate to their immediate superior the unjustifiable lack of permanence of the staff in their position, in accordance with the rules that are specifically determined in the work schedule.

4. The inspection and control functions of the Undersecretaries and other competent authorities in this field shall be carried out by the Government Delegates and the Civil Governors in their respective fields, with the exception of personnel. referred to in paragraph 12. For these purposes, the regional and provincial Directors or Delegates of the various departments of the General Administration of the State shall communicate to the Government Delegates or Civil Governors the work schedule approved by the authorities. referred to in paragraph 4.

To carry out the functions assigned to them by this number, the Government Delegates and the Civil Governors may request specific actions from the General Inspection of Public Administration Services or from the departmental inspections as appropriate.

Tenth. -Vacation, permissions, and licenses.

1. Annual leave, of one month or thirty calendar days, may be enjoyed, at the request of the worker, throughout the whole year in minimum periods of seven consecutive calendar days, provided that the corresponding holiday periods are compatible with the needs of the service.

2. Throughout the year, public employees will have the right to enjoy up to six days of leave for private matters, without prejudice to the granting of the remaining permits and licenses established in the current regulations. Such days may not, in any case, be accumulated for annual leave periods. The staff may distribute these days at their convenience, subject to the authorization of their superiors, who will communicate to the respective unit of staff, and always respecting the needs of the service. Where for these reasons it is not possible to enjoy the said permit before the end of December, it may be granted in the first 15 days of the following January.

3. Public offices will remain closed on 24 and 31 December, with the exception of the General Registry and Information Services.

The work schedule may establish compensation measures for the event that the dates indicated coincide with holidays or non-working days for the staff at the service of the General Administration of the State.

11th. -Times for training.

1. The time to attend training courses scheduled by different bodies of the General Administration of the State for vocational training or for adaptation to a new job, including those registered in the plans (a) to be considered as working time for all purposes, where the courses are held within the working hours, provided for by the continuing training agreement in the general government of 21 March 1995.

2. In order to facilitate professional training and the personal development of public employees, permits will also be granted for the following assumptions:

(a) Paid leave to attend final examinations and tests of aptitude and assessment for obtaining a recognised academic or professional title, for the time necessary for its conclusion.

(b) Permits, by receiving only the basic remuneration, with a maximum limit of 40 hours per year, for the attendance of vocational training courses other than those referred to in paragraph 1 of this paragraph and whose content is directly related to the job or the corresponding professional-administrative career, prior to the favourable report of the corresponding hierarchical superior.

(c) unpaid leave, of a maximum duration of three months, for the attendance of vocational training courses not directly related to the public service, provided that the management of the service and the organisation of the work will allow.

Enjoyment periods for these permissions cannot be accumulated to other types of permissions and licenses.

12th. -Exceptions.

The rules contained in this Resolution shall not apply to the teaching or employment staff of the Ministry of Education and Science providing services in the teaching or teaching support centres, or to the staff assigned to them. in health institutions and establishments, or the staff of the autonomous post and Telegraph body, or the staff of penitentiary institutions.

For these collectives, as well as for others that the singular nature of their work requires, the specific regulations coming, which will be preceptively communicated to this Secretary of State, will apply.

13th. -Vigency and repeal.

The Instruction of 21 December 1983 and the Resolutions of 26 January 1984, of 27 August 1985 and of 1 July 1992, all of which are hereby repealed, are hereby repealed.

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

Madrid, April 27, 1995.-The Secretary of State for Public Administration, Constantino Méndez Martínez.

Excms. Mr Government and Civil Governors and Ilmos delegates. Mr Undersecretaries.