On the proposal of the Minister for Public Administrations, in the Council of Ministers, at its meeting of 16 September 1994, it approved the Administrative and Trade Union Agreement for the period 1995-1997, on working conditions in the Civil Service set out below this Resolution.

In order to favor your knowledge,

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

Madrid, September 19, 1994.-The Secretary of State, Constantino Méndez Martínez.

AGREEMENT OF THE COUNCIL OF MINISTERS APPROVING THE TRADE-UNION AGREEMENT FOR THE PERIOD 1995-1997, ON WORKING CONDITIONS IN THE CIVIL SERVICE

By virtue of the meetings held between representatives of the Ministries for Public Administrations and the Economy and Finance and the most representative trade union organizations, it was reached, dated September 15, This year, an agreement for the period 1995-1997 with the aim of advancing the modernization of public administrations and promoting a framework of dialogue that allows the model of the Public Service to adapt to the new organizational schemes.

Pursuant to Article 35 of Law 9/1987, of 12 June, of Organs Of Representation, Determination of the Conditions of Work and Participation of Personnel to the Service of Public Administrations, after the drafting by Law 7/1990 of 19 July 1990 on Collective Bargaining and Participation in the Determination of Working Conditions, the Agreements concluded between the representatives of the State Administration and the trade union organizations on matters falling within the competence of the Council of Ministers, they shall require for their validity and effectiveness, the express and formal approval of that collegiate body.

In accordance with the provisions of Article 35 of Law 9/1987 of 12 June, of Organs Of Representation, Determination of Conditions of Work and Participation of Personnel to the Service of Public Administrations, the The Council of Ministers resolves to approve the Administrative-Trade Union Agreement for the period 1995-1997, on working conditions in the Civil Service, signed on Thursday 15 September 1994, the text of which is annexed.

ANNEX

Administrative-Trade Union Agreement for the period 1995-1997 on working conditions in the Civil Service

In Madrid, on 15 September of a thousand nine hundred and ninety-four, the representations of the General Administration of the State and of the trade union organizations, General Workers 'Union (UGT), Workers' Commissions (CC.OO.), The Confederation of Independent Trade Unions and Trade Unions (CS-CSIF) and the Galega Interunion Confederation (IGC), following the negotiation carried out under Law 7/1990 of 19 July on Collective Bargaining and Participation in the Determination of the Working Conditions of Public Employees, they agree Subscribe to this Agreement:

INTRODUCTION

1. The process of modernization of Spanish society requires the Public Administration, to advance at the same pace, an effort aimed at achieving greater efficiency in services and more efficiency and quality, with the aim of the public authorities to be given to citizens through a more streamlined, efficient and lower cost administration.

Aware of this, Administration and Trade Unions agree on the need to open a new process that will deepen the modernization of the Public Administration.

2. Any strategy of transformation of an organization requires the promotion of personnel policies that consider human resources as the key factor.

The improvements achieved show that it is not possible to move forward in a process of change without the support and commitment of public employees, whose involvement in the objectives is essential.

Sharing this analysis, Administration and Trade Unions agree on the need to define a Civil Service model that responds to the needs of the current Administration and meets expectations and interests professionals of the public employees.

This new role model must connect with the values of the current professional culture, modernize the employment relationships, both individual and collective, and be able to generate active policies for the Professional development of human resources in the Public Administration.

This model must take into account that the public administration is not homogeneous and its diversity requires a margin of adaptation of the general criteria to the specific characteristics of each sector.

3. A new Civil Service Statute that places the professional career systems of public employees in the foreground is, in the opinion of the Administration and Trade Unions, the appropriate instrument to implement the aforementioned process.

In this regard, Administration and Trade Unions agree that the new legal framework for Civil Service:

It has to adapt to the new objectives that the Public Administration must meet and its new ways of acting in the framework of a largely decentralized autonomous state and in the process of economic integration and also policy in the European Union.

You have to adjust to an administration that must address increasingly complex and differentiated economic and social demands, to which you must respond nimbly in terms of quality and efficiency.

You need to be compatible with a developed administration where the need to achieve higher productivity requires more flexible operating rules, different from the current ones.

It has to pursue a greater degree of professionalization of public employees, making training a key part of the new model of administrative career.

4. The Employment Plans constitute the strategic instrument for the integral planning of human resources through the rationalization and simplification of the occupational structure of each sector of the Administration. This will make it possible to deal with the different situations with appropriate measures for reordering, transforming and distributing employment, in a framework of stability in the employment sector.

5. The remuneration is linked to the evolution of the economic measures and to the fulfilment of the objectives which, expressed in the Convergence Programme, are collected in the General Budget of the State. This allows us to establish a horizon of stability in which the treatment of remuneration is linked to the real abilities of our economy, while improving the situation of the public sector, obtaining better results in the (a) a number of different programmes and a general increase in productivity should lead to additional incentives and pay increases.

6. To meet these objectives, Administration and Trade Unions have agreed to structure the negotiation process in two phases:

In the first, concrete commitments and agreements are included on a wide range of subjects, which will be in force for the period 1995-1997.

In the second, which will begin on 1 October, the nuclear issues of the Civil Service will be discussed and their conclusions will serve as a basis for the drafting of a draft Statute.

The subjects that have been agreed upon in the first negotiation phase are as follows:

Premises and methods for negotiating wage increases in the period 1995-1997.

Wage increase for 1995.

Criteria for applying salary increases.

Procedure for negotiating retributive modifications.

Criteria to be applied in public employment policy for the period 1995-1997.

Concrete measures affecting the development of the career and the promotion of public officials, differentiated according to the group to which they belong.

Momentum and management of the functionalization process.

Measures to strengthen training actions and to extend the training offer of the Administration.

Articulation of a system to manage funds for continuing training, from the share of vocational training.

Rationalization and relaxation of working time (days, schedules, holidays).

Measures against absenteeism.

Forecasts in the field of Social Action.

Forecasts in the field of occupational health.

Ordination and articulation of the negotiation of collective agreements.

Forecasts to streamline and improve staff resource resolution.

Establishment of new mechanisms to improve the system and the procedures for negotiation of administration and trade unions.

Agreements and commitments contained in the Agreement on Administration and Trade Unions of 16 November 1991 are also included and which both parties must maintain their validity.

7. In the second phase of the negotiations, which will open on 1 October and will last until the end of November, the following issues of the Public Service will be discussed:

Professional structure and career.

Remuneration system.

Rights and duties of officials.

Training and promotion.

System of representation of public officials.

The trading system of working conditions.

Framework for trade union relations for the period 1995-1997.

8. The process will culminate in the administration of a Public Service Statute Project once the second phase of negotiations has been completed.

The Administration, even having advanced analyses and studies on this project, believes that the technical perspective is insufficient in such a complex matter and that it affects so many internal interests and expectations. even external to the Administration itself.

It is therefore necessary to obtain the highest possible degree of consensus, especially the trade union, so that the analysis and conclusions to be reached in the second phase of negotiations will have to be very important for the definition of of the new Civil Service model.

Therefore, the Agreement reached by the Administration and the Unions General Workers Union (UGT), Comisiones Obreras (CC. The Committee of the European Union is a member of the European Commission, which is also a member of the European Commission, and is also a member of the European Commission. efficiency and quality of the administration in all orders and contribute to the general modernization of Spanish society.

TITLE I

Scope

CHAPTER I

Scope

1. This Agreement shall be of general application to the staff of the Civil Administration of the State and its autonomous organizations and to the staff of the Social Security Administration and to the public authorities represented at the General Negotiation Table.

2. Notwithstanding the above, in the areas of staff at the service of the Administration of Justice, the Post Office, the staff of the Public Health Institutions, all the teaching staff and the non-teaching staff of the Universities, they will be adapted or excluded from those aspects that could affect their peculiarities.

Also the Agreements or Acts already reached in the sectoral areas on the matters here regulated will be respected, except under the conditions that will be improved in this Agreement.

3. In any event, it is the wish of the signatory parties that this Agreement should inspire those which may be involved in the areas of negotiation of the Autonomous Communities and Local Corporations.

4. This Agreement shall enter into force on the day following that of its publication and shall have a period of validity covering the years 1995, 1996 and 1997.

TITLE II

Remuneration

CHAPTER II

Increase in remuneration for 1995

1. Taking into account the forecast of GDP growth and the objectives of reducing the budget deficit for 1995, it is agreed to include in the draft of the General Budget Law of the State for this year an increase of the (a) the remuneration of public employees equal to the increase in the CPI provided for in the Draft Budget for 1995.

2. This increase will be applied to the official and statutory staff in a proportional manner on all the remuneration concepts of a fixed and periodic nature and on the credits that finance the performance incentives.

For the workforce, the salary increase will be applied to the corresponding wage bill.

CHAPTER III

Purchasing Power Maintenance Fund

1. A specific Fund will be generated for the maintenance of purchasing power if, at 31 December 1995, the growth of the CPI will be higher than that provided for at that date and the wage bill of all the public employees included in the field. This Agreement, in homogeneous terms, would have grown below that rate in 1995, in line with the objectives of GDP growth and the reduction of the general government deficit in the general government. Public expressed in the General Budget of the State.

2. Taking into account the above considerations, the amount of the Fund shall be the product of:

The difference between the average remuneration of public employees resulting in 1994, updated according to the actual increase in the CPI in 1995, and the average remuneration resulting in 1995.

The actual troops at December 31, 1995.

3. The criteria for the implementation of the Fund shall be agreed between the Administration and the Trade Unions which are signatories to this Agreement, and their economic effects shall be 1 January 1996 and shall be of a consolidated nature.

CHAPTER IV

Negotiating the remuneration conditions

1. Amendments to target supplements and specific additions to the staff included in the scope of this Agreement shall be negotiated with the Trade Unions of this Agreement.

This negotiation will take place in the relevant sectoral or departmental areas.

When no agreement is reached in these areas, or in cases that are considered appropriate by its special entity, it will be proposed by any of the parties that the negotiation will take place in the Bureau of Remuneration and Employment, dependent on the General Bureau, provided for in this Agreement.

2. The Administration shall inform the Trade Unions, within the Bureau of Remuneration and Employment, of the criteria applied in the setting, distribution and quantity of performance incentives. The trade unions present at the Bureau will be able to provide alternative initiatives and proposals.

3. The provisions of this paragraph on remuneration changes and the application of performance incentives shall not apply to jobs which have been allocated a supplement of more than 27 or to the staff who carry them out, in the terms of reference to the Administrative and Trade Unions Agreement of 16 November 1991.

CHAPTER V

Programs for 1995 on Remuneration Management

1. During 1995, a programme of rationalisation and management of complementary remuneration will be carried out, mainly in order to achieve a more adequate distribution of pay amounts between the various concepts.

2. Specifically within this programme, an analysis and modification of the posts of minimum levels of certain collectives will be included, which will present wage imbalances in relation to other posts in the area concerned.

3. The review of the remuneration structure of jobs, especially of higher levels, will also be addressed in order to strengthen the personal-grade component that facilitates the implementation of a new career model. administrative.

CHAPTER VI

Increase in remuneration for 1996 and 1997

1. The remuneration of public employees for 1996 and 1997 will be increased according to the budget forecast for the growth of the CPI for these exercises.

It will also be taken into account:

The degree of compliance with the forecasts and the commitments on which the retributive increase of the previous year would have been based.

The forecast for economic growth and the financing capacity of the General Budget of the State determined according to the forecast of the budget deficit of the general government.

The assessment of the increase in productivity of public employment arising from the development of specific actions or programmes.

The evolution of wages and employment in the country as a whole.

2. The application of the remuneration increases shall be the subject of negotiation between the Administration and the Trade Unions.

3. For each financial year, the establishment of a Fund for the maintenance of purchasing power shall be provided with the characteristics laid down in Chapter III of this Agreement and with the conditions of development of GDP and of the budget deficit of each year.

CHAPTER VII

Productivity augmentation program

1. In order to determine the overall increase in remuneration for the 1996 and 1997 financial years and their different application to the departments or agencies, the projects or programmes which they draw up to increase the quality of the work will be taken into account. public services they provide or the functions they develop, in order to increase efficiency and, in particular, to achieve better use and qualification of human resources through Employment Plans.

2. The projects or programmes referred to in the previous paragraph shall specify the objectives pursued and shall establish parameters or indices to enable the assessment of their degree of compliance.

This Agreement contains for 1995 global commitments targeting this goal, including the following:

The implementation of a system for the planning and management of human resources through the Employment Plans to be developed by the various ministries and agencies.

Increased training efforts resulting from the increase in the number of hours and generalisation of the Training Plans in the Departments, without this being able to lead to an increase in staff.

Streamlining the structure of human resources and the composition of templates through a selective Public Employment Offer by categories and professional groups, which in any case is globally inferior to the replacement posts.

CHAPTER VIII

Overall increase in remuneration for the period 1995-1997, related to productivity growth programmes

1. Taking into account the effects of the economic recession of 1992 and 1993 on the remuneration of public employees, they have been translated into a real loss of purchasing power and the effort that this has made for them and, in anticipation of For the period 1995-1997 a change of trend with sustained growth of GDP, the participation of the public employees in the general improvements that must be derived from this new situation must be considered, in function of the improvement of productivity in public employment.

This will, of course, be framed in the fulfilment of the quantified growth forecasts through the positive evolution of GDP and the consolidation of the public sector, which has been quantified through the reduction of the deficit. of all public administrations, in terms of the general budget of the State.

2. In this respect, the overall review of the remuneration increases of public employees will be carried out at the end of the period 1995-1997.

The calculation of such revision shall be made by considering, on the one hand, the wage bill of the set of public employees falling within the scope of this Agreement as at 31 December 1994, updated with the cumulative evolution of the CPI The real wage bill of the collective bargaining agreement of 31 December 1997, and the actual wage bill of the collective to the latter date.

The resulting difference will be applied in the terms foreseen for the Fund for the maintenance of purchasing power.

3. Taking into account that the objectives of this Agreement and the criteria laid down in this Title are to ensure that no loss of purchasing power occurs at the end of the period, it will be raised at the Bureau of Remuneration and Employment. specific situation of those groups in respect of which this provision is not reached.

TITLE III

Public Employment

CHAPTER IX

Criteria applicable to public employment policies during the period 1995-1997

Public employment policies during this period will be primarily chaired by the following criteria:

Reordering, transforming and distributing employment in each sector, department or agency in order to move towards an occupational structure more in line with the needs of each area of the Administration, which responds better to the professional expectations of public employees and to increase their opportunities for promotion.

Consolidation of temporary employment, making it fixed to the extent that it meets needs or tasks of a permanent and non-cyclical nature.

Rationalization of employment through the Public Employment Offer, to which the entry of new public employees will be selective and will mainly focus on sectors and categories considered priority and will be lower overall than the rate of replacement of staff.

CHAPTER X

Comprehensive Human Resource Planning-Job Plans

1. The comprehensive planning of human resources and employment in each department or agency will be developed through Employment Plans.

The planning of human resources and employment will be linked to the planning of activities and tasks in the field to which they relate.

2. The Employment Plans, as comprehensive planning instruments, will contain at least the following forecasts and measures:

The dimension and structure of the staff template deemed appropriate for the sector or area concerned.

Measures of a quantitative and, in particular, qualitative nature that are necessary to adapt and adjust the initial template to that provided for in the Plan.

Staff policies and partial management or operational plans derived from these forecasts and measures.

Measures and management processes to be carried out in the field of training, promotion, mobility, entry and modification or distribution of jobs.

3. In order to guide overall the forecasts of the different Employment Plans, the Ministry for Public Administrations will be able to establish the general framework, the systematic to which they will have to adjust and the procedures for monitoring and assessment of its implementation, without prejudice to the provisions of Chapter XII.3 of this Agreement.

CHAPTER XI

Human Resource Development Policies

1. In the planning of human resources, the qualitative aspects and the development policies of the same will be addressed in a special way.

2. The Employment Plans will have the primary purpose of increasing the work capabilities and career opportunities of public employees and, crucially, ensuring them and assigning them effective and adequate work.

3. The Employment Plans will include the Training Plans and the forecasts and promotion measures that are needed.

The Employment Plans will include, where appropriate, the forecasts and measures needed to transform temporary employment into fixed employment, as well as the management of management processes so that the affected staff can access a situation of Fijeza.

They will also include the forecast and the functionalization processes that proceed.

4. The Employment Plans will deal with the mobility measures that are needed, from a positive perspective, as a necessary instrument for the allocation of appropriate work. They shall first and encourage voluntary mobility and ensure that the management of this process is carried out in a personalised manner and with the support of the necessary training actions.

5. Mobility shall be restricted to the provincial level, except in cases where more extensive mobility is voluntarily accepted or demanded. Inter-provincial mobility shall only be carried out when it has been agreed with the Trade Unions in the corresponding Employment Plan, or in the case referred to in the fifth additional provision of Law 22/1993 of 29 December.

CHAPTER XII

Staff Management Processes

1. In line with the implementation of comprehensive human resource and employment planning systems, a more operational personnel management system should be developed and in line with the principles of planning. In this respect, over the period 1995-1997, staff management systems will be oriented towards the following objectives:

Increase the management powers in personnel of those responsible for each department and agency.

Attribute to the holders of each operational unit (Directorate General, General Subdirectorate, Provincial Directorate) the most direct and immediate responsibility in the direction of human resources in all its aspects and especially in the assignment of tasks and distribution of work.

Assign clear and non-bureaucratic goals to the various personnel management processes.

Use more agile and flexible means in the management of staff, both in terms of people and jobs.

Develop an integrated system of management processes linked to the Employment Plan in each departmental area.

To put in the forefront the concern for the implementation of active policies regarding the development, training and promotion of personnel.

2. In line with the objectives listed in the field of personnel management, the Administration will negotiate with the Trade Unions at the Bureau of Remuneration and Employment to apply them to the procedures for the provision of jobs and in particular to the system of competitions, seeking greater homogeneity in the treatment of the common issues and, at the same time, a better adaptation to the different areas of activity and functional.

CHAPTER XIII

Negotiation of Job Plans

1. The negotiation of the Employment Plans with the Trade Unions will take place in the relevant sectoral, decentralised or departmental areas.

The Bureau of Remuneration and Employment will have knowledge, in any case, of the projects of Job Plans prior to their authorization by the Ministry for Public Administrations. Discrepancies or faults of agreement in the area of origin will be negotiated in this centralised area.

2. The Trade Unions shall be aware of all information related to the Employment Plans and, without prejudice to the powers of self-organisation which correspond to the Administration, shall negotiate all the impact on staff may have the measures provided for in the Employment Plan.

3. At the Bureau of Remuneration and Employment, the Administration will negotiate with the Trade Unions the criteria to be met by the various Employment Plans, in particular with regard to the implementation of human resources development policies and the treatment of mobility processes.

CHAPTER XIV

Public Employment Offering

1. During the period 1995-1997 the Public Employment Offer will be selective and will concentrate mainly on those functional sectors and professional categories that are considered to be priorities. The number of new entry places will be lower overall than the rate of replacement.

2. The Global Analysis of the Public Employment Offer will be carried out at the Bureau of Remuneration and Employment and will be negotiated on the aspects that affect the working conditions of the public employees.

3. The Public Employment Offer will include, in addition to the definition of the needs of staff to be covered in the corresponding exercise by external candidates, the policies that it is intended to develop during the exercise in the field of public employment.

The needs and forecasts contained in the corresponding Employment Plans will serve as the basis for the elaboration of the Public Employment Offer for the 1996 and 1997 financial years.

4. The Public Employment Offers will seek to give special treatment to the professional opportunities of people with physical or mental disabilities.

The Administration will determine the sectors and functional areas in which it is most feasible to apply the reserve of places for this group.

CHAPTER XV

Converting temporary places to fixed

1. During the period 1995 to 1997, a temporary employment conversion programme will be developed on a fixed basis, in cases where the tasks are permanent and non-cyclical, in order to make a decisive contribution to the solution of this problem. problem during the period.

2. The conversion of temporary positions into fixed positions may be carried out by means of the creation of places of employment in those sectors or functional areas in which this measure may be appropriate. These places may be created with the character of the extinguishing.

In order to proceed to the transformation of places of a temporary nature, a project must be considered where the employment of the Department or agency to which the places belong is analyzed. With the exception of exceptions, this project should be part of the corresponding Employment Plan.

3. During the period 1995-1997 the recruitment of temporary staff, and the appointment of interim officials, will not be carried out, except in exceptional cases and to cover urgent and non-deferred needs.

Contracts to meet seasonal needs will automatically end when you beat your time limit.

4. Temporary staff and interim officials may continue to provide services during this three-year period unless, taking into account the workload of the relevant Department or body, they cease to be necessary. their services or could be replaced by fixed or new income.

To give effectiveness to continuity, the legal figures that come in each case may be used.

5. The acquisition of fjesza shall be carried out through the systems provided for in the General Rules of Procedure and in the terms provided for in the relevant collective agreements.

TITLE IV

Career and promotion

CHAPTER XVI

Criteria for the administrative career

1. The new model of the Civil Service should be characterized by a group management more in line with the new organizational model than the precise administration and by the definition of a modern career system.

The professional structure of this new model will allow greater flexibility in the performance of positions and a greater degree of adequacy to the professional expectations of the public employees.

2. Career actions will primarily target these goals:

Strengthen the degree as a professional position.

Define areas of activity and functional scopes that delimit the professional career.

Achieve a greater connection between professional groups, establishing more agile and practical mechanisms that enable promotion.

CHAPTER XVII

Promotion

1. Professional promotion should be an indispensable tool in an advanced career model, especially in the field of an Administration developed in its dimension and in its functional areas.

Limited the selective processes of new income, the adaptation of the professional structure of the Civil Service must be carried out, in good measure, through the mechanisms and processes of promotion.

2. The following general criteria for promotion shall be taken into account:

The promotion should be an instrument to increase the work capacity of public employees and, in short, their levels of motivation and integration.

The promotion must be based on the professional effort, the professional history and the career, and the training and qualifications acquired, and the age must also be considered.

3. According to these criteria, after the entry into force of this Agreement, promotion processes will be carried out, separated from the ones of entry, which will be developed in independent calls.

4. In the field of each department or body and within the provisions of an Employment Plan, specific promotion processes may be authorised in the context of the overall management of their staff and their jobs, irrespective of their the promotion processes which are carried out on a general basis.

CHAPTER XVIII

Race Criteria applicable to Group E

1. Measures will be promoted to intensify the internal promotion processes of group E officials to group D in the relevant functional areas.

2. The call for promotion of group E to D shall be made by means of opposition.

In the competition phase, merit will be assessed in relation to the jobs performed, with the level of training and the age.

In the opposition phase, specialized knowledge of the area or areas to which the squares belong will be required.

CHAPTER XIX

Race criteria applicable to group D

1. Calls for access to the group D Bodies or Scales shall require knowledge and skills appropriate to this professional level and to the area of activity or functional area to which the designated places correspond.

A higher qualification and specialization of this group will be sought.

2. Access to the C group's Bodies and Scales will be carried out exclusively through the promotion from the group D of the area of activity or functional area.

Group D officials, who are not entitled to a bachelor's degree or equivalent, may participate in calls for promotion to group C, provided that they are ten years old in Group D or five years in the same group. more than the improvement of a specific training course. Access to this course will be based on objective criteria.

3. The call for the promotion of group D to C shall be carried out by the system of competition.

In the competition phase, merit-related merits and positions will be valued, with the level of training and also the age.

In the opposition phase, specialized knowledge of the area or areas to which the squares belong will be required.

The Administration will push forward the appropriate proposals to make the necessary legal changes, in order to ensure that the previous criteria become effective in 1995.

4. In the period 1995 to 1997, one thousand places will be called each year for the promotion of group D to the C, without prejudice to those that can be included in the negotiation of the sectoral Mesas and without this process being able to generate an overall increase of troops.

CHAPTER XX

Race criteria applicable to group C

1. In a new professional structure, the officials of the C group must be a qualified sector of the professional professional area.

Personnel policy will enhance training actions for this group, gradually limiting the professional overlaps, in roles and positions, with the officials of group D.

In competitions where C group officials compete with others in Group D, membership of the top group will take precedence.

2. In the context of a new role model, the possibility that, in the participation of group C officials in the calls for access or promotion to bodies and groups of group B, the lack of the level of public service will be considered, will be considered. (i) a corresponding qualification for the improvement of specific courses taught or scheduled by Institutes or Training Centres of the Public Administration.

This forecast shall not apply for access to Bodies or Scales in which an academic title is required for the professional exercise or which belong to functional areas in which this provision is not appropriate.

A specific training plan for this purpose, which would apply from 1996 onwards, will be developed during 1995, in so far as a new career model has been developed.

CHAPTER XXI

Race criteria applicable to group B

1. The officials of Group B, in a new professional structure, should be a sector of the technical professional area.

Promotion paths will be defined to access the top sector within this area.

2. In line with the above point, the following actions will be developed during 1995:

The positions performed by group B officials to which they can access in concurrency with group A will be analyzed to determine those that are to be assigned exclusively to group B.

It will be to analyze the positions held by group B officials in specialized areas to proceed to a more suitable treatment of the race of the same.

Professional overlaps with Group C will be progressively limited, both in roles and roles.

In the cases of the participation of group B officials with those of group C for the occupation of posts, the officials of the higher group will be given priority.

During 1995, and according to the forecasts contained in the corresponding Employment Plans, calls will be made for the promotion of group A Escalas in Autonomous Bodies or specialized sectors.

3. Under the new model of administrative career, which will be discussed in the second phase of the administration-trade-union negotiations, the promotion of group B to the A. will be subject to special consideration. promotion by separate means, particularly in cases where a selective course is part of the process.

CHAPTER XXII

Race Criteria applicable to Group A

1. In the professional field of Group A, the inadequacy of the current career model is evident.

In this sense, even if it is complex to implement partial modifications outside a new framework of the Civil Service, the actions that will be developed in the future in this field will be aimed at strengthening the positions professionals defined by the personal level and to order the remuneration in accordance with this criterion.

2. The Administration and the Trade Unions agree on the desirability and opportunity to structure a sector of managerial staff and a managerial career within the Civil Service.

With this measure, the aim is to increase the degree of professionalization of the Public Administration's management area and thus the levels of effectiveness in its operation.

CHAPTER XXIII

Promotion of fixed labor staff

1. The criteria which are set out in this Agreement for promotion shall be based on the provisions on professional promotion for work staff in collective agreements.

2. Where there are categories of labour personnel carrying out functions related to the Corps or Escalations of officials, the entry into these Bodies or Escalas may be effected through the system of competition, with the value of the experience and the professional history of these candidates.

For these purposes, the employment staff whose duties are related to those carried out by officials of group E shall have the same treatment as these for access to group D, as provided for in Chapter 18 of this Regulation. Agreement.

3. Taking into account the best qualification that has been produced in the functions of the Corps and the Scales of the group D with administrative functions and the highest level of demand and specialization that in the future will be required for the access to these Bodies and Scales, will open a functional space that will be able to be performed by labor personnel.

The Administration undertakes to process the necessary legal changes so that the staff can perform auxiliary functions of an instrumental character and administrative support.

CHAPTER XXIV

Functionality

1. During the period 1995-1997 the process of functionalization arising from the provisions laid down in Article 15 of Law 30/1984, of 2 August, will be initiated with the intention of concluding it in this period.

2. The following criteria shall apply to the processes of functionalisation:

The posts listed as functional shall be assigned to two groups, except those for group D, provided that the functional content of the position permits.

The tests will be appropriate at the professional level of the corresponding Body or Scale.

As a general rule, calls will be made on a sectoralized basis and knowledge will be required related to the tasks that are developed in the corresponding area of activity.

The candidates should be provided with the necessary training to present themselves to the tests under appropriate conditions.

3. The Employment Plans may lay down specific criteria for the functioning of the job, in particular on the opportunities for candidates and selective testing.

4. The processes of functionalization will not affect the expectations of the officials in terms of mobility and promotion.

To this effect, specifications that are precise to ensure this principle will be included in the procurement competitions.

5.

The process and the calendars will be ordered to be implemented within the Bureau of Remuneration and Employment, and specific criteria for the different functionalization processes can be specified.

TITLE V

Training

CHAPTER XXV

Object and purpose of training policies

1. The role of the public service must be dealt with in a more and more pronounced way, problems of a qualitative nature, resulting from the need to adapt to the new demands of society.

Renewed knowledge and adaptation of professional values and attitudes are needed.

In this context, training must be regarded as a necessity and a professional obligation.

2. Training is an essential element in the strategy of change of public administration, a basic factor for increasing the motivation and integration of public employees and an effective and indispensable mechanism for the coordination of public administration. mobility and promotion.

(i) the Commission is in a position to take the necessary measures to ensure that the public authorities are not in a position to take the necessary measures to ensure that they are not in a position to be taken into account. administrative career and promotion.

3. On the other hand, with the signing of the National Agreement on Continuing Training and the Tripartite Agreement on the Continuing Training of the Occupied Workers, on 16 December 1992, as well as the Agreement of the Tripartite Commission of 15 July 1992. 1994 to extend the application of these Agreements to the staff of the public administrations, new possibilities for action for training policies in this field are opened, in particular with regard to the participation of trade unions. in its development.

Administration and Trade Unions agree that the joint participation of all stakeholders, administrative and social, in the planning, management and delivery of continuing training in public administrations, will provide a climate of collaboration and involvement of public employees in the development of this programme, so that it will have a very positive impact on the satisfactory fulfilment of its objectives.

CHAPTER XXVI

Training Plans

1. The training, which must be addressed in a systematic and non-cyclical way, must be a constant, dynamic and up-to-date process, oriented towards the achievement of results, integrating and complementing the other personnel policies.

This should be the subject of specific plans.

2. During the period of validity of this Agreement, the Ministerial and Organisms Departments will draw up an annual Training Plan, which will be linked, to the overall planning of human resources.

These Plans should be consistent with the systematic and include the minimum contents to be determined, if any, by the Ministry for Public Administrations, after examination in the Joint Training Commission.

This forecast will not apply to training provided by Institutes or Training Centers.

Training Plans may provide for the specificities of the Autonomous Communities in the training to be provided in the services located therein.

3. Independently of these, the training agreements signed in the various fields will be maintained in force.

CHAPTER XXVII

Training Institutes

1. The INAP, and within their respective areas the rest of the Training Institutes, in addition to managing the general training they are entrusted with, must be the bodies of care and support to the actions that are contained in the Training Plans of the Departments and Agencies, including those to be financed under the National Continuing Training Agreement.

2. In the period of validity of this Agreement, the current cooperation agreements on training between the MAP and INAP and the Trade Union Organizations will be maintained, with the annual updating of the grant of the training measures, in accordance with the determination of the State's general budget.

CHAPTER XXVIII

Financing the Training Plans

1. The Training Plans to be drawn up by the Public Administrations may be financed, in addition to the budget headings existing in the budgets of the various public administrations, through the funds for continuing training. from the contribution of the vocational training levy, in the form that is agreed with the Tripartite Commission constituted on 16 December 1992 for the Management of Continuing Vocational Training.

2. The public authorities which receive funds for continuing training must increase this type of training, within their budgetary resources, by a total amount which will compensate for the lack of contributions from officials. (a) the General System of Social Security.

This obligation will be met gradually over the period 1995-1997.

3. The public authorities which receive funds for continuing training must maintain the training effort they are making, in such a way as to ensure that no funds or funds are provided for training for the funds received for training. continues.

CHAPTER XXIX

Formative offer and times for training

1. The Administration undertakes to extend substantially during the period 1995-1997 the training measures, in order to achieve the objectives set out in this Agreement.

During this period they will be used, in addition to the credits included in the General Budget of the State that allow financing of training actions, funds for continuing training from the training contribution professional.

Over the period 1995-1997 the number of hours of reading will be increased, with the goal of doubling the number of the number of hours at present.

2. In the course of the course of the Administration for vocational training or for the adaptation to a new job, the time of assistance will be considered working time for all purposes.

3. In order to facilitate vocational training, the Administration, within the framework of Convention 140 of the O.I.T., undertakes to take the following concrete measures:

Granting of paid leave to attend final examinations and tests of aptitude and evaluation for obtaining an academic or professional degree.

Granting of 40 hours per year maximum for the attendance of professional training courses, when the course is held outside the Administration and the content of the course is directly related to the post of or his professional career in the Administration.

Granting of unpaid leave, of a maximum duration of three months, for the attendance of professional training courses, provided that the management of the service and the organization of the work permit.

CHAPTER XXX

General Commission for Continuing Training

1. A General Commission for Continuing Training will be set up which will have as its main task the negotiation of an Agreement for Continuing Training in Public Administrations, before the end of 1994, which will regulate the implementation and adaptation of the Agreement. National for Continuing Training. The content of this Agreement will cover subjects of continuing training, fields of application, training initiatives, criteria and the processing of training plans, permits, forms of union participation in each field, financing and management.

This Commission shall have a joint nature and shall be composed of representatives of all the public administrations and representatives of the trade unions which are signatories to this Agreement, in the number to be determined by the Bureau. General of Negotiation and the Public Administrations involved.

The representation of the Local Corporations will be channeled through the Spanish Federation of Municipalities and Provinces (EMFF).

2. This Commission shall assume the tasks set out in the Agreement itself.

The above agreement will include the criteria and requirements of the Training Plans, as well as the articulation of union participation in each field.

3. The General Commission for Continuing Training shall be constituted immediately after the entry into force of this Agreement.

CHAPTER XXXI

Managing continuous training

1.

In the field of the General Administration of the State, the proposal for continuing training plans will be carried out by the Joint Training Commission provided for in Title 8 of this Agreement.

2. The training proposals submitted by the Public Administrations to be financed by continuing training funds must have been previously agreed with the representative trade unions in their respective fields.

The implementation and distribution of these funds will also be carried out in agreement with the representative trade unions.

3. The Trade Unions may also draw up and submit to the General Training Commission training plans for public employees, for one or more public administrations, to be financed in the form specified in the Agreement for the Continuing Training.

TITLE VI

Social action, occupational health and social protection

CHAPTER XXXII

Social Action

1. The Joint Social Action Commission under Title 8 of this Agreement will analyse and evaluate the social action programmes developed by each department.

In view of this analysis, the Commission will recommend the policy to be followed in this area, will make the relevant proposals and will particularly point out:

Priorities to be set and general criteria to be applied.

Basic lines and specific programs to be developed.

Funds to be used for these actions in the period 1995-1997.

In these proposals, the Commission will include measures to homogenise the criteria and benefits between the different departments and bodies.

2. The decentralised areas of social action shall be determined by the Trade Union Agreement and the Administration in the sectoral field to which they correspond or in the Joint Committee on Social Action.

In these decentralized areas, there will be a Joint Social Action Commission that will participate in the elaboration, implementation and control of the corresponding Social Action Plan.

3. On an annual basis, the Joint Committees will draw up the corresponding Social Action Plan in the framework of the general criteria laid down by the Joint Committee on Social Action.

The Social Action Plan will provide for the specific objectives to be achieved, the actions to be taken, the economic envelope to be allocated for its financing, the general conditions for the granting of the aid establish and the procedure for the management of the resources allocated.

4. In order to improve the social welfare of public employees, each Department shall allocate to finance actions and programmes of a social nature a percentage of the salary mass of all staff who provide services in the same or in the agencies. These are the self-employed, so that a ratio of 0.8 per 100 is achieved each year. This Social Action Fund will be allocated interchangeably for all public employees of the Department and its autonomous bodies.

CHAPTER XXXIII

Job Health

1. Whereas public employees have the right to an effective protection of their physical integrity and health at work, and that the Administration has the duty to promote, formulate and implement an appropriate policy of risk prevention, The parties undertake to work closely together to raise the levels of health and safety at work in the State Administration.

2. The actions on Employment Health will be focused on the Joint Committee on Health and Social Action provided for in Chapter 43 of this Agreement.

This Commission will have the following key tasks:

Receive information and coordinate the actions of the Sectoral Health Committees.

Analyze the Labor Risk Prevention Bill and make the pertinent observations.

Coordinate the development of the risk map in the sectoral areas, as well as the development of prevention plans and programmes.

3. In the field of each Sectoral Table of Negotiations, there will be a Labor Health Commission, made up of equal parts by representatives of the Administration, and of the Trade Unions that are signatories to the Agreement.

The Employment Health Sector Commissions will have the following functions:

Promote the dissemination, dissemination and knowledge of the Draft Law on the Prevention of Occupational Risks, in the field of the respective Sectoral Table.

Propose the specific scope for the constitution of the Health and Safety Committees corresponding to the scope of the Sectoral Table taking into account for this the existing organs of representation, the activity developed by the bodies concerned and the type and frequency of the risks.

Participate in the elaboration of the risk map of its sector, guaranteeing the investigation of occupational diseases.

Participate in the elaboration of general prevention plans and programs and in their implementation.

In general, formulate the proposals that you consider appropriate in this field in order to achieve a normal and effective implementation of the future Law on the Prevention of Labor Risks.

4. In order to ensure coordinated action in relation to occupational health, which affects both the collective of civil servants and those of the labour regime, the representation and participation in the prevention of work will be jointly for both collectives. In this regard, the bodies representing and participating in the future Law on the Prevention of Occupational Risks will be set up in accordance with this criterion.

CHAPTER XXXIV

Social protection

During the period of validity of this Agreement, the situation of the social protection regime of public employees will be studied in order to improve it.

TITLE VII

Other Materials

Times of Work.

Absenteeism.

Ordering the negotiation of the Collective Agreements.

Staff resources.

CHAPTER XXXV

Work schedule, schedules, reduced time

1. The distribution of the day and the fixing of the working hours will be carried out through the work schedule. Each department, autonomous body and management body of the Social Security shall approve each year its working calendar in accordance with the instructions laid down by the Secretariat of State for Public Administration. The Peripheral Services of the departments in the same province will approve their common work schedule for all of them.

The approval of the aforementioned instructions from the Secretary of State for Public Administration, as well as the work schedule, will be done after negotiation with the Trade Union Organizations that are signatories to the level of representation that corresponds.

The work schedule will be determined based on the number of hours per year, without your distribution and application being able to modify the number of vacation days.

2. The current flexible working time will be maintained under the following conditions:

The main part of the schedule, fixed or stable, will be of five and a half hours of compulsory attendance for all the staff between the nine hours and the fourteen thirty hours. Other hours of entry and exit may be established, subject to negotiation, provided that at least five and a half hours of compulsory concurrency are guaranteed.

The variable part of the schedule, consisting of the difference between 27 and a half hours and those set as weekly working time schedule, may be met from seven and a half to nine in the morning and from the fourteen thirty-nineteen hours, Monday to Friday.

In the Centers where flexible working hours are applied, the variable part will be used to concentrate on a schedule less dispersed than the current one, limiting the time of entry and departure in the day of tomorrow and concentrating on one or two evenings the remaining schedule.

The existing special hours and days will be respected under the current conditions.

3. On a voluntary basis, in the various management centres and bodies, a working day may be established, which will consist of a weekly working day between nine hours and eighteen hours, with a break for food. between the fourteenth and thirteenth thirties, from Monday to Thursday and between nine hours and fifteen hours on Friday.

4. In cases where it is compatible with the functions of the post and with the functions of the centre of work, the public employees, with the approval of the department concerned, excluding those in senior positions to 27, they may make a reduced, continuous and uninterrupted day, from 9 to 14 hours, receiving 75 per 100 of the total of their remuneration.

CHAPTER XXXVI

Holiday-holiday day

1. Centres applying the weekly working day distributed between nine and eighteen hours, provided for in the previous chapter and centres applying a continuous day distributed between seven and thirty-fifteen hours, may to establish an intensive summer day during the period from 1 July to 1 September, at the rate of seven hours continuing between eight and 15 hours.

2. In the centres with flexible working time, it will also be possible to establish an intensive summer day during the period from 1 July to 1 September, at the rate of seven hours, provided that the time period varies. Please concentrate and increase the match schedule.

3. Annual leave may be granted, at the request of the worker, throughout the whole year for minimum periods of seven consecutive days, provided that it is compatible with the needs of the service.

CHAPTER XXXVII

Absenteeism

1. Administration and Trade Unions agree on the need to implement measures against absenteeism.

2. The necessary studies on the causes and extent of absenteeism, as well as on the systematic measures that may be applied, will be carried out in collaboration with the Trade Unions that are signatories to this Agreement.

3. The Ministry for Public Administrations, in the light of the conclusions derived from this study, will promote homogeneous actions to be developed by the ministerial departments.

CHAPTER XXXVIII

Ordering the negotiation of the Collective Agreements of the State Administration

1. During the period 1995-1997, the Bureau of Remuneration and Employment shall order and schedule, before 31 December of each year, the negotiation of the Collective Agreements for the following year.

The Commission may establish criteria and make recommendations for negotiation in general or for certain areas and areas.

2. The Commission shall endeavour to ensure that the same or similar problems or situations are dealt with in a uniform manner and shall promote the unification of Conventions where reasonable grounds exist, for which it shall examine the matters likely to be included. in a Framework Convention.

Within the above measures and in order to facilitate the mobility and promotion of labour personnel, it will be necessary to homogenise professional categories of the various Conventions during the period of validity of the Agreement.

The specific problem of working people abroad will be discussed at the Bureau of Remuneration and Employment in 1995.

3. The criteria contained in this Agreement, in particular in terms of increase in remuneration and purchasing power and promotion, will be sought to be transferred to the collective agreements, with the aim of reaching agreements with a duration of three years.

4. It will be ensured that the negotiation of collective agreements is closed within the first quarter of each year.

CHAPTER XXXIX

Resources on the administrative path in personnel

1. Trade unions and administration agree on the inadequacy of the current system of resources in the field of personnel, not only for the stakeholders but also for the administration.

It seems therefore convenient to search for new solutions that preserve the guarantees of public employees by increasing the agility in the resolution of resources.

2. Both parties agree that it would be beneficial both for the Administration and for the stakeholders to facilitate the rapid resolution of resources and the homogenisation of the criteria for the management of personnel.

3. The two sides agree on the desirability of studying new formulas among which the configuration of an internal body for the resolution of administrative, specialised, professionalised, non-professional resources could be accommodated. subject to the hierarchy principle in your resolutions and which are

put an end to the administrative route.

TITLE VIII

Administrative Relations-Trade Unions

CHAPTER XL

Administrative Relations-Trade Unions

1. The provisions on collective bargaining, which are contained in the fourth title of the Administrative Agreement of 16 November 1991, will be maintained in force until the new framework for relations to be established is established. The second phase of negotiations on administration-trade unions.

2. In addition to the areas of negotiation contained in this Agreement, specific areas will also be established in the departments and bodies within the framework of each Employment Plan, limited to the contents and forecasts of the Plan.

3. In order to strengthen the structure of the negotiations and to ensure more appropriate procedures, a Bureau of Remuneration and Employment is hereby established. In addition, two Joint Committees will be set up to be called Training and Health and Social Action.

These three instances shall be of a permanent nature, shall carry out the tasks conferred upon them by this Agreement and shall be constituted within 15 days of the signing of this Agreement.

CHAPTER XLI

Remuneration and Employment Table

The Bureau of Remuneration and Employment of the General Bureau shall be composed of the representatives of the Administration and the Trade Unions in the number determined by the General Table and, without prejudice to the powers conferred upon it. correspond to the Sectoral Tables, shall have the following tasks:

Negotiate the modification of the target and specific add-ons.

The negotiation will take place in this centralized area, provided that no agreement has been reached in the relevant decentralized or departmental level and provided that the entity or the impact of the issues is considered It should be possible to negotiate in this area.

Analyze the Public Employment Offer and negotiate those aspects that affect public employees, especially the promotion processes.

Analyze the projects of conversion or transformation of temporary places into fixed ones, as well as the procedures for the purchase of temporary staff.

Concretize the criteria to be applied in the processes of functionalization.

Ordering and articulating the negotiation of the Collective Agreements and, in the light of the timetable for negotiations, proposing advances on the basis of remuneration in the areas in which it comes from.

Analyze and negotiate topics related to work personnel abroad.

Develop technical studies on the evaluation of programs and actions that increase the productivity of public employment.

To determine the criteria for the definition of the wage masses and the appropriate methods for their calculation, as well as to determine and quantify the slides corresponding to the various sectors and groups.

Report on aspects affecting staff in the transfer process to the Autonomous Communities.

All those arising from this Agreement.

CHAPTER XLII

Joint Training Commission

1. The Joint Training Commission shall be composed of the representatives of the Administration and the Trade Unions which are signatories to this Agreement in the number determined by the General Bureau and shall have the following tasks:

Determine the criteria to be met by training plans and projects so that they can be financed from continuing training funds in the field of the General Administration of the State.

Set the order of priority of Plans and Projects of continuous training.

Monitor the proper execution of the actions.

2. Irrespective of its continuing training tasks, the Commission shall lay down guidelines for the negotiation of the training plans in the various fields.

CHAPTER XLIII

Joint Committee on Labour Health and Social Action

The Joint Committee on Labour Health and Social Action shall be composed of the representatives of the Administration and the Trade Unions which are signatories to this Agreement in the number to be determined by the General Table of Negotiations and develop the tasks assigned to it in the field of work health and social action.

This Commission will have the following fundamental functions:

Receive information and coordinate the actions of the lower-level Commissions.

Participate in the effective and practical implementation of protective measures in accordance with the provisions of the Law on the Prevention of Labor Risks.

Discuss the peculiarities of the Administration in relation to the draft Law on the Prevention of Labor Risks.

Develop all kinds of initiatives that lead to better protection of health at work in the field of the Civil Service.

The functions attributed to it in the field of social action and social protection in the sixth title of this Agreement.

CHAPTER XLIV

Tracking the Agreement

The parties to this Agreement shall hold two annual meetings, one in each semester, in which the development of the same shall be evaluated.

And for the purposes of this Agreement, this Agreement shall be signed at the appropriate place and date.

By the General Administration of the State

THE MINISTER FOR PUBLIC ADMINISTRATIONS,

Jeronimo Saavedra Acevedo

THE SECRETARY OF STATE FOR PUBLIC ADMINISTRATION,

Constantino Méndez Martínez

THE SECRETARY OF STATE OF FINANCE,

Enrique Martinez Robles

By Trade Union Organizations

UGT

SECRETARY GENERAL OF THE FSP-UGT,

Daniel Alastuey Lizaldez

SECRETARY GENERAL OF FETE-UGT,

Rafael Jerez Hernandez

CC. OO.

SECRETARY GENERAL OF THE FS-CC PUBLIC ADMINISTRATION FEDERATION. Or.

Carlos Sánchez Fernández

SECRETARY GENERAL OF THE FEDERATION OF HEALTH WORKERS AT CC.OO.,

Fernando al-Samper Mulero

SECRETARY GENERAL OF THE POST UNION OF CC.OO.,

Romulo Silva Docasar SECRETARY GENERAL OF THE CC.OO. TEACHING FEDERATION,

Fernando Lezcano Lopez

CSI-CSIF

CSI-CSIF NATIONAL PRESIDENT

Antonio Corrales Mayoral

IGC

SECRETARY GENERAL OF CIC-ADMINISTRACIÓN PÚBLICA

Jose Carlos Crespo Santiago