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Resolution Of 28 March 1995, Of The Secretary Of State For Public Administration, Which Ordered The Publication Of The Agreement Of Training In The Public Administrations Of 21 March 1995.

Original Language Title: Resolución de 28 de marzo de 1995, de la Secretaría de Estado para la Administración Pública, por la que se ordena la publicación del acuerdo de formación continua en las Administraciones Públicas de 21 de marzo de 1995.

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TEXT

In the context of the General Commission for Continuing Training, the continuing training agreement in the general government of 21 March 1995, which is set out below, has been signed by its members. Resolution.

In order to favor your knowledge,

This Secretary of State has resolved to order her publication in the "Official State Gazette."

Madrid, March 28, 1995.-The Secretary of State for Public Administration, Constantino Méndez Martínez.

CONTINUING TRAINING AGREEMENT IN PUBLIC ADMINISTRATIONS

Approved the National Agreement on Continuing Training between Business and Trade Unions, dated 16 December 1992, and the tripartite agreement on the continuing training of workers employed in the labour market. The government and the same employers ' and trade union organisations, of the same date, have taken on a new dimension in terms of the co-responsibility of the social partners in planning, organising, managing and partition of the same.

Public employees, not initially included in these general agreements, have become involved in this form of training as a result of the Administrative-Trade Union Agreement of 15 September 1994 in the The second of the current State General Budget Law is set out in the additional provision.

addition, the agreement of 15 September 1994 set up the General Commission for Continuing Training, a joint body responsible for the management of continuing training in the general government and in the whose scope the following agreement occurs.

This agreement therefore affects public employees who are dependent on all public administrations, thereby complying with the provisions laid down in Article 83.3 of the Staff Regulations and Chapter III of the Staff Regulations. Law 9/1987, of 12 June, of organs of representation, determination of the working conditions and participation of the staff in the service of the Public Administrations, as amended by Law 7/1990, of July 19.

The representation of the Public Administrations and the undersigned trade union organizations agree that the participation of all the agents, administrative and social, in the development of the continuing training In the public administrations, it is the best guarantee for greater effectiveness in terms of its results, in order to provide the citizen with quality public services, in constant consolidation, progression and modernization in the environment of the European Union.

Professional training, as a whole, both the continuous and the initial training, constitutes a fundamental value in the Public Administrations for any project that wants to face the modernization of them. The future of public administrations depends largely on the qualification of public employees, and therefore vocational training of quality represents a lasting investment.

It is thus evident that the importance of vocational training at present times to develop more effective Public Administrations, therefore its main functions would be the following:

A function of permanent adaptation to the evolution of the professions and the content of the jobs, and therefore to the improvement of the skills and qualifications indispensable to increase the efficiency and quality of the the services provided by the Public Administrations and the staff in charge of them.

A promotion function that allows a large number of public employees to avoid stagnation in their professional qualification.

And a function of adequacy and integration of the forecasts of the employment plans, understood as mechanisms of strategic planning of the human resources.

The continuing training policy must therefore provide public employees with a higher level of qualification required for:

a) Increase the training of public employees, as well as promote their personal and professional development.

b) Adapting to changes, motivated by both technological innovation processes and new forms of work organization.

c) Allow professional mobility and the development of the career of the public employee, which contributes to reordering the current public administration templates.

d) Contribute to the effectiveness and quality of current public services, as well as the development of new ones.

To meet these objectives, it is necessary to make the most of the human and economic resources available, and to manage them on the basis of the needs of the public administrations and the citizens. At the same time, quality training models will have to be provided to facilitate the training of public employees.

Moreover, in their employment relationship, public employees have the right to vocational training and qualifications, as an incentive measure for their professional promotion and, consequently, for the granting of permits to the training.

Also, in order to ensure that the recipients of the training actions are public employees and the entities to be carried out are the different Public Administrations and the trade union organizations that are signatories of the present In the light of the above, the funds allocated to finance the training measures are to be implemented, in accordance with the provisions of Law 41/1994 of 30 December 1995 on the general budget of the State for 1995, through the public budget circuit.

CHAPTER I

Continuous training

Article 1. Concept of continuing training.

For the purposes of this agreement, it will be understood by continuing training, the set of training activities to be carried out in the Public Administrations, through the modalities foreseen in it, aimed at improving skills and qualifications of public employees, which make it possible to make the most effective and to improve the quality of services in public administrations compatible with individual training, the motivation of the public employee and his/her professional promotion.

The General Commission for Continuing Training may decide to incorporate into this agreement other forms or training actions aimed at achieving the general objectives of continuing training.

Article 2. General Commission for Continuing Training.

The General Commission for Continuing Training, set up by the Administrative and Trade Union Agreement of 15 September 1994, is the joint body responsible for the management of continuing training in the general government. Public.

It is particularly important for this Commission to ensure that this agreement is complied with, to approve the training plans and to decide on the implementation of the funds earmarked for these services.

CHAPTER II Territorial, Personal, Temporary and Functional Scope

Article 3. Territorial and functional scope.

This agreement will apply in the field of the General Administration of the State, the Autonomous Communities and the Local Corporations.

They can promote training plans:

1. In the General Administration of the State: Ministerial departments and their autonomous agencies, Social Security Management Entities and public law entities whose staff are represented in the General Bureau of the Civil Service.

2. In the Administration of the Autonomous Communities: Each of the Consejeries that meets the competences in matters of public function or organs that determine the respective Autonomous Communities.

3. In the Local Government: Councils, Provincial Councils, Cabildos, Island Councils and other local authorities, as well as the Spanish Federation of Municipalities and Provinces and the Federations or Associations of Local Entities (a) it is legitimately constituted under the provisions of the fifth additional provision of Law 7/1985 of 2 April, regulating the Local System Bases.

4. The trade union organisations which are signatories to this agreement.

Article 4. Personal scope.

This Agreement shall affect staff providing services in any of the Public Administrations referred to in the previous Article, irrespective of the legal relationship between them and the sectoral scope of the negotiation to which you belong.

Article 5. Temporary scope.

The signatory parties agree on the need to establish a temporary validity of this Agreement, without prejudice to the fact that before its completion, by common agreement, they consider the extension of the Agreement.

The Agreement will enter into force on 21 March 1995 and its validity will be extended until 31 December 1996, on the same terms as the National Agreement for Continuing Training.

CHAPTER III

Training Plans

Article 6. Training plans.

The training plans should be developed in line with the objectives and priorities of the organization and will be integrated into the strategic planning of the administration to which they affect.

The financing of training actions under this Agreement will require its inclusion in a training plan drawn up in accordance with the provisions of this Agreement.

Training plans may be drawn up for a period other than the annual period, when specific circumstances are present, duly justified to the relevant Continuing Training Commission.

Article 7. Types of plans.

Administrations or trade unions that wish to finance training actions under this Agreement will be required to develop unitary, grouped or inter-administrative plans.

Article 8. Unit plans.

Unit plans are characterized by affecting the staff of a single Public Administration with at least 100 public employees, regardless of the number of employees or the volume of the units or organs they include.

Article 9. Grouped plans.

The grouped plans are characterized by affecting the staff of two or more local entities as referred to in Article 3 (3) of this Agreement, which together group at least 100 public employees.

Article 10. Interadministrative plans.

The interadministrative plans are characterized by being destined to form public employees belonging to different Public Administrations.

Inter-administrative training plans may be promoted by the Public Administrations by means of a Convention between them or with the Federations or Associations thereof, and by the trade unions representative of this Agreement.

These plans will be submitted directly to the General Commission for Continuing Training, which may provide for a percentage of funds for this purpose.

Article 11. Continuing training in the framework of employment plans.

Prior to agreement with the most representative trade unions, the employment plans may contain specific training plans under Article 18 of Law 30/1984 of 2 August, as amended by Law 22/1993 of 29 December 1993, and of this Agreement.

In the framework of the agreements that may be concluded between the various public administrations on the occasion of an employment plan, as provided for in Article 18.3 of Law 30/1984 of 2 August, of measures for the reform of the (a) public function, training plans may be submitted to facilitate the relocation and adaptation of the staff concerned.

Article 12. Individual training permits.

The General Commission for Continuing Training will determine the forms of implementation and adaptation that will have to govern, where appropriate, individual training permits.

Article 13. Content of the training plans.

Training plans to be submitted to the General Commission for continuing training shall have at least the following content:

a) Objectives and description of the actions to be developed.

b) Scope of the plan: Organs, administrative units and/or Public Administrations to which it affects.

c) Collective affected and number of participants.

d) Planned execution schedule.

e) Cost of the various training and funding actions for which funding is requested.

f) Selection criteria.

g) The management mode of the training actions.

h) Planned methodological options.

i) Criteria for evaluation of the training plan.

The training plans shall indicate the degree of participation of the trade unions in the preparation and, where appropriate, in the management and execution of the trade unions.

The content that any training plan must have will be supplemented by the provision of a report supporting the maintenance of the training effort.

Article 14. Negotiation of the criteria to be met by the training plans.

By the Public Administrations and trade union organizations that are signatories to this Agreement, it will be encouraged to achieve, in the different areas, agreements whose validity may be higher than the year, on the criteria the training plans referred to in this Agreement are to be adjusted. Among other issues, they may be subject to negotiation:

a) Priorities with respect to continuing training actions to be developed.

b) Impact on public services, plan coherence and management capacity.

c) Guidance on the collective of public employees affected by such actions.

d) Centers and training spaces available.

e) A regime for training permits, as well as their hourly distribution.

f) Trade union participation in the elaboration, presentation and management of training plans.

g) Competences of the assessment and monitoring bodies which, if appropriate, could be established.

These Agreements should ensure that the training actions promoted under these agreements cover the different collectives in the field, civil servants, labor and statutory.

CHAPTER IV

Processing training plans

Article 15. Processing of training plans.

1. The promoters of unit training plans shall:

(a) Call and submit the plan to the union representation of the public employees, with the Administration being obliged to provide the comprehensive documentation of the aspects listed in Article 13, together with the report of the previous training activities.

If discrepancies in the content of the training plan arise, either party may require, exhausted the possibility of resolving the training plan, the intervention of the Commission on continuing training corresponding to those provided for in Article 17 of this Agreement.

If the unitary plan, to affect the personnel of two or more organs or units within the same Administration, lacks its own scope of negotiation, it will take place within the Commission of continuous formation.

(b) Direct the application for approval of the training plan to the relevant continuing training committee.

(c) On a quarterly basis and, in any event, when requested, the Public Administrations shall inform the legal representation of the employees of the execution of the training plan, as well as of the participants in the training actions.

2. The promoters of the grouped plans must submit them to the Commission for Continuing Training of Local Administration. In any case, the legal representation of the public employees of the administrations involved will be informed, both of the training plan to be presented and of the corresponding resolution.

3. The inter-administrative plans, and in any case those promoted by the trade union organisations, shall be submitted for negotiation and approval before the General Commission for further training.

The continuing training committees will forward to the general Commission for further training a priority relationship of the training plans initially approved by them for final approval in the framework of the training programmes. Management agreements signed by the public administrations and the trade unions represented in the aforementioned general Commission for continuing training.

CHAPTER V

Decision, tracking, and control organs

Article 16. General Commission for Continuing Training in Public Administrations.

The General Commission for Continuing Training in Public Administrations will have, among others, the following functions:

a) Vellar for compliance with the Agreement.

(b) to resolve any discrepancies arising under the terms of this Agreement and to take all appropriate measures to comply with this Agreement.

c) Manage and agree on the distribution of funds available for the financing of continuing training actions.

Priorities will be set for the financing of training plans, when these are derived from an employment plan, assessing the proportionality, the volume of employment, the impact of the plan on public employees not covered by the plan. General scheme of social security and the average level of qualification of persons included.

d) To carry out the final approval of the training plans which, within the limits of the economic limits set, are initially approved by the continuing training committees.

e) Approve the interadministrative plans and those promoted by the unions.

(f) Encourage the achievement of agreements provided for in Article 14 of this Agreement.

g) Promote the unification of criteria in training actions that refer to similar collectives.

h) Issue a report in cases where it is requested, with respect to the issues of its competence.

i) Approve your internal operating rules.

j) Perform an annual balance of implementation of the agreement.

k) Agree to the general criteria of the certification of assistance and use the courses included in the approved training plans.

(l) Submit an annual report to the Tripartite Commission on the follow-up to the Tripartite Agreement on the continuing training of employed workers.

Article 17. Commission of continuing training.

The proper management of continuing training requires the constitution, together with the General Commission for Continuing Training, of the following Continuing Training Commissions:

In the General Administration of the State: The Commission provided for in Chapter XLII of the Administrative Agreement of 15 September 1994.

In the Autonomous Administration: One in each of the Autonomous Communities.

In the Local Administration: One, within the framework of the Spanish Federation of Municipalities and Provinces.

The continuing training committees, of a joint nature, shall be composed of the representation of the relevant administration and the trade unions which are signatories to this Agreement. They will have the following functions:

(a) Vellar for compliance with the Agreement at the appropriate level.

b) Rate the applications of the plans submitted to them and raise to the general Commission for further training, for eventual final approval and subsequent financing, a prioritized relationship of which, within their respective scope, have been initially approved by the Commission's own continuing training committees.

c) Negotiate the pooled training plans, as well as the units that affect different administrative units in the terms provided for in Article 15.1 (a) of this Agreement.

d) to resolve any discrepancies arising from the procedure referred to in Article 15.1 (a).

e) Run the agreements of the said Commission and monitor the proper implementation of the actions.

f) Make an annual memory of your activities.

g) Approve your operating rules.

CHAPTER VI

Article 18. Financing of training schemes.

According to the second provision of Law 41/1994, of 30 December, of the General Budget of the State for 1995, the training funds continue to come from the contribution of vocational training which the The Tripartite Monitoring Committee agrees that the continuing training in public administrations, transferred to the National Institute of Public Administration, will finance the training measures provided for in this Agreement and the shall be executed in accordance with the provisions laid down in the Law General Budget.

On a proposal from the General Commission for Continuing Training, the National Institute of Public Administration may allocate the necessary amount to outreach activities and to promote participation in training actions. (a) in this Agreement, without, under any circumstances, exceeding 1 per 100 of the total amount allocated to its financing.

(i) the general government which receives funds for continuing training must increase this type of training, within its budgetary resources, by an overall amount which will compensate for the lack of officials not covered by the General Social Security Scheme. This obligation will be completed gradually over the period 1995-1997.

The public authorities which receive funds for continuing training must maintain the training effort they are making, in such a way that no credits or funds are provided for training for the funds that are receive for continuous training.

The general Commission for continuing training shall establish in good time the criteria and procedures for financing the various training schemes which are covered by this Agreement.

Article 19. Infringements and sanctions.

The infringements resulting from the application of this Agreement shall be treated in accordance with the provisions of the legislation corresponding to each of the public employees ' collectives. Public Administration.

Article 20. Incompatibilities.

The same training plan cannot be financed simultaneously through the various alternative routes provided for in this Agreement.

Additional disposition first.

As not covered by this Agreement, the principles of the National Agreement on Continuing Vocational Training will be based on the agreement of 16 December 1992.

Additional provision second.

The various public administrations that are signatories to this Agreement shall provide the human and material resources necessary for the performance and the normal functioning of the Agreement.

The precise time for the development of the activities and works derived from the union participation in the different training commissions provided for in this Agreement shall be set by the Ministry for the Administrations. Public.

This Agreement is endorsed by the members of the General Commission for Continuing Training:

On behalf of the General Administration of the State:

Director General of the Civil Service: Leandro González Gallardo.

Director General of Personnel Costs and Public Pensions: Jose Luis Blanco Sevilla.

Director General of the National Institute of Public Administration: Manuel Blasco Legaz.

On behalf of the Autonomous Communities Administration:

Director General of the Civil Service, Generality of Catalonia: Carlos Losada Marrodan.

Director General of the Civil Service, Autonomous Community of Aragon: José María Grau Gilabert.

Director General of the Civil Service, Community of Madrid: José María Arteta Vico.

Director General of the Civil Service, Autonomous Community of La Rioja: Nieves Jiménez García.

On behalf of the Spanish Federation of Municipalities and Provinces:

Chairman of the Committee on the Public Service of the EMFF, Mayor of the City of Murcia: José Méndez Espino.

Vocal of the Committee of the Public Service of the EMFF, Vice President Provincial Provincial of Guadalajara: Jesus Ortega Molina.

Vocal of the Committee of the Public Service of the EMFF, Deputy Mayor of the City of Zaragoza: Tomás Simo Meseguer.

On behalf of trade union organizations:

By UGT:

FSP-UGT: José Javier Gómez Pardo, Training Secretary.

FETE-UGT: Antonio Montilla García, Training Secretary.

By CC.OO.:

FSAP: Maria Antonia Montero Bermudez de Castro, Secretary of Training.

FTS: Pedro Briso Montinao, Training Secretary.

FTE: Agustin Alcocer, Training Secretary.

Post and Telegraph Sector: Regino J. Martin Barco, Secretary of Trade Union Action.

By CSI/CSIF:

Elena Sanchez Villaverde, General Secretary.

Concepción Martínez de Miguel, Vocal Nacional de Formation.

Porfirio Herrero Estebanez, National Executive Committee.

By IGC:

Daniel Bernardez Cancelas: Secretary of Public Administration Training.