The Organic Law 19/2003, of 23 December, of amendment of the Organic Law 6/1985, of July 1, of the Judiciary, establishes in its article 500 paragraph 1. º that " The duration of the general working day in computation the annual and the days to be carried out in special dedication, as well as their specificities, shall be fixed by resolution of the competent authority of the Ministry of Justice, prior to the report of the autonomous communities with (a) the powers assumed and negotiated with the most representative trade union organisations. " And in paragraph 2, it states that "the duration of the weekly general day shall be equal to that laid down for the General Administration of the State", which is applicable to the Body of Judicial Secretaries under the provisions of Article 444 of the cited organic law.

Therefore, taking into account the reform of the Organic Law 6/1985, of July 1, of the Judicial Branch, produced by the Organic Law 8/2012, of December 27, of measures of budgetary efficiency in the Administration of Justice amending the arrangements for the holidays and permits of the official staff of that Administration, and amending the annual calculation of the general day for the General Administration of the State operated by the Resolution of 23 December 2013, the Secretariat of State of Public Administrations, for which the scheme is established for the the enjoyment of an additional day of special cases introduced by the Organic Law 9/2013 of 20 December, of Control of Commercial Debt in the Public Sector and adapts the Resolution of 28 December 2012 of this Secretariat of State, and having published Order JUS/797/2012 of 29 March, regulating the duration of the general working day in annual computation, as well as the days of special dedication for the Higher Legal Body of Secretaries Judicial, it is necessary to modify them in order to adapt it to the annual computation established for the officials of the State Administration.

On the other hand, the Organic Law 19/2003, of 23 December, of amendment of the Organic Law 6/1985, of July 1, of the Judiciary, establishes in its article 500 paragraph 4, that the distribution of the day and the fixing of the Schedules shall be determined by means of the calendar of work which, on an annual basis, shall be approved by the competent authority of the Ministry of Justice and the Autonomous Communities with powers assumed, in their respective fields, following a favourable report of the General Council of the Judiciary and negotiation with the trade union organizations.

The work schedule will be determined based on the number of annual working hours. Time flexibilities may be established at the entry and exit of the work, in any event a number of hours of continuous concurrency. The schedules to be established shall, in any event, respect the schedule of the public hearing.

Without prejudice to the provisions of this resolution, once the criteria for the measurement of the workloads of the Body of Judicial Secretaries have been defined, measures of relaxation of the compliance with the variable part of the timetable, taking into account the judicial function of the judicial secretary, the exclusive functions that correspond to it, the practice of procedural steps as well as the preparation and study of decisions.

This Ministry, prior to the report of the Council of the Secretariat and the General Council of the Judiciary and having negotiated with the most representative trade union organizations, has resolved:

First.

The third paragraph of Order JUS/797/2012 of 29 March 2012 is amended, with the annual average working calculation being established, equivalent to one thousand six hundred and fifty-seven hours per year.

Second.

The work schedule for the Legal Superior Body of Judicial Secretaries is approved as set out in the following sections:

1. Scope. This order shall apply to judicial secretaries throughout the territory of the State.

2. General working time and hours.

2.1 Minimum duration. The minimum working time at the Judicial Offices shall be 37 and a half weekly average working cash on average annual count, equivalent to one thousand six hundred and fifty-seven hours per year.

2.2 Day.

a) The fixed schedule of presence at the job will be from 9.00 to 14.30 hours from Monday to Friday.

(b) The remaining time to complete the weekly day shall be made in flexible hours, between 7.30 and 9.00 Monday to Friday and, in general, between 14,30 and 18,00 Monday to Thursday, as well as between 14,30 and 5.30 p.m. on Fridays.

3. Day and time of the judicial secretaries with special dedication.

3.1 Judicial secretaries occupying positions of free designation or singularized. Jobs that require a special responsibility and as such are included in the Working Party Relationship, will take a day of forty hours per week, according to the following distribution:

-Fixed morning part of the required presence: Monday to Friday between 9.00 and 14.30 hours.

-Mandatory schedule of late: Five hours weekly from Monday to Thursday, being able to perform at a minimum of two evenings, if the service needs allow.

-The variable part of the schedule or time of flexibility of the same can be met in flexible hours between 7.30 and 9.00 from Monday to Friday and between 14.30 and 18.00 from Monday to Thursday, as well as between 14.30 and 15.30 hours on Fridays.

When the day's day takes place in the morning and evening hours, it will be interrupted for thirty minutes, at least.

-In any case, the schedule of public hearing and information to citizens and professionals, as well as the provisions of article 135.1 of Law 1/2000 of 7 January, of Civil Procedure, with respect to the submission of written submissions, with the assistance of the precise officials being guaranteed to carry out these tasks up to fifteen hours.

3.2 Public Care and Special Dedication Units.

-The opening hours of these units will be uninterrupted from 9.00 to 17.30 hours from Monday to Friday, and from 9.00 to 14.00 on Saturdays. Court secretaries who provide services in such units shall carry out a working day of 40 weekly hours distributed as follows:

-It will be performed by the required presence between 9.00 and 17.00 hours, with a mandatory minimum interruption of thirty minutes for food between 14.00 and 16.00 hours from Monday to Thursday. On Fridays the obligatory presence will elapse between 9.00 and 14.00 hours.

-The remaining hours will be held to cover the service, from 8.30 to 9.00 hours and from 2pm to 17.30 on Fridays.

-In any case, the schedule of public hearing and information to citizens and professionals, as well as the provisions of article 135.1 of Law 1/2000 of 7 January, of Civil Procedure, with respect to the submission of written submissions, with the assistance of the precise officials being guaranteed to carry out these tasks up to fifteen hours.

4. Summer day and reduced by local parties.

4.1 During the period from 16 June to 15 September, both inclusive, an intensive day will be completed in the following terms:

(a) Judicial secretaries with ordinary day: Thirty-two hours and thirty minutes weekly to develop from Monday to Friday between 7.30 and 18.00 hours, with a forced presence from Monday to Friday between 9.00 and 14.30 hours.

(b) Judicial secretariats intended for Public Care Units: Thirty-two hours thirty minutes a week to be developed from Monday to Friday, so that the opening to the public from Monday to Friday is guaranteed. Hours of 8.00 to 15.00 hours.

(c) Judicial secretaries occupying positions of free designation, singularized: They will be thirty-five hours of weekly work in the following slots:

From Monday to Friday, between 8.00 and 15.30 hours, with an obligatory presence between 9.00 and 14.30 hours. One afternoon a week with a forced presence of two and a half hours at least.

4.2 The five days of reduced working time (from 9.00 to 14.00 hours) for local parties will be determined as a general rule for the locality in which the judicial body is constituted.

5. Reconciliation measures. -Time flexibility may be used, in the context of the service needs, in the following cases:

5.1 The judicial secretaries who are in charge of the elderly, children under 12 years of age or persons with disabilities, as well as those who have direct charge of a family member with serious illness up to the second degree of consanguinity or affinity, they shall be entitled to make the fixed hours of working time they have established in an hour a day.

5.2 Judicial Secretaries who hold their position with disabilities up to the first degree of consanguinity or affinity may have two hours of daily hourly flexibility on the fixed schedule, at last to reconcile the schedules of the ordinary educational institutions of integration and special education, of the centres of habilitation and rehabilitation, of the social services and occupational centers, as well as other specific centers where the person with disabilities receive care, with the schedules of the own jobs.

5.3 Exceptionally, the Ministry of Justice may authorise, on a personal and temporary basis, the modification of the fixed schedule within a maximum of two hours for reasons directly related to the reconciliation of life personal, family and work, and in the case of single-parent families.

5.4 Judicial Secretaries shall have the right to be absent from work in order to undergo fertilisation or assisted reproduction techniques for the time necessary for their completion and prior justification of the need within the workday.

5.5 Judicial secretaries who have children with disabilities will have the right to be absent from work for the time required to attend coordination meetings of their educational, regular or integration centre. special education, where you receive care, treatment or to accompany you if you are to receive additional support in the health or social field.

For the purposes of the additional time flexibility measures provided for in this paragraph, marriage shall be deemed to be in the form legally established.

6. Holidays and permissions.

6.1 Each calendar year the paid vacation shall be a duration of 22 working days per year full of services, or of the days corresponding proportionally if the service time during the year was lower. For these purposes, Saturdays shall be considered to be non-working, without prejudice to any adaptations to special timetables.

In no case, the annual distribution of the day may alter the number of days of holidays or of work parties of a paid and non-recoverable nature.

6.2 Over the course of the year the judicial secretaries will have the right to enjoy the days of leave for private matters that establishes the rules applicable to the officials of the General Administration of the State, without prejudice to the the granting of the remaining permits, licenses and booklets established in the current regulations.

December 24 and 31 will be considered as non-working days and judicial offices will remain closed, with the exception of on-call services. Where the said days coincide in a public holiday, Saturday or non-working day, they shall be compensated by two additional days of leave for private matters. In the event that the needs of the service prevent the cessation of the benefit during those days, two days will be enjoyed for each working day, which will necessarily be enjoyed before 15 February of the following year. These days of compensation are cumulative with annual leave.

It shall also be incorporated in each calendar year, at most, one day of leave when one or more national work holidays of a paid character, non-recoverable and not substitutable by the Autonomous Communities, match with Saturday in that year.

6.3 The application, granting and enjoyment of holidays, permits, licenses and booklets will be developed through the corresponding resolution.

7. Time for training.-The time of attendance as a student or as a trainer to the training courses scheduled by the Ministry of Justice or approved or agreed by the Ministry of Justice, and those organized by the professional associations of the administration of justice, or by the most representative trade unions in this field, provided that they have been previously approved or give rise to a training licence, all effects shall be considered as working time, when the courses are held within the work schedule and so permit the needs of the service.

8. Guards.-The on-call service shall be provided in accordance with the provisions of the Resolution of 4 June 2003, of the Secretariat of State of Justice, amending that of 5 December 1996, for which instructions are given on working hours and schedules within the scope of the Administration of Justice, with the same days of rest for time compensation and for the performance of the duty service established in that resolution and always respecting the secretary's condition the judicial system and the exercise of the functions which exclusively correspond to it as a special body.

9. Proceedings of an urgent nature and continuation of proceedings or proceedings initiated in ordinary working time. -Where urgent and non-deferred action must be taken into account, and the continuation of hearings or proceedings Proceedings initiated in general working time, the judicial secretaries shall carry out their working day and shall give the officials, singularly appointed, the orders and instructions they deem relevant for the purpose of ensuring (a) the same applies to the same, with regard to the flexible timetable and the compensation provided for in Article 7 of Order JUS/797/2012 of 29 March 2012, which regulates the duration of the general working day for the annual calculation, and those of the days in special dedication for the higher body Legal Secretary of the Court of Justice, or to replace him, in such a way that:

a) Every hour worked between seventeen and twenty-two hours, Monday through Friday, will count as two effective hours, or the corresponding proportional share.

(b) Each hour worked from twenty-two hours up to seven thirty hours of the following day, Saturdays, Sundays and holidays, shall be counted as two and a half hours or the corresponding proportional share.

10. Pause during the day. -During the working day you will enjoy a single pause for a period of 30 minutes, which will compute as effective work. Such interruption shall not affect the provision of services and must therefore be effected in accordance with the specific needs arising in each of the various bodies and departments. This break shall not be compensated financially or cumulatively for subsequent enjoyment.

11. Justification for absences.

11.1 The absences, the faults of punctuality and permanence, whatever their cause, will require the immediate notice to the judicial secretary that legally replaces him and the office of the Provincial Coordinating Secretary or, in his case, to the Government Secretariat.

11.2 In the case of partial absence from the post as a result of consultation, testing or medical treatment, this period of time shall be considered as effective work provided that the absence is limit to the time required and documented by the Registrar of his attendance and the time of the appointment.

11.3 In cases of absence during the whole day of the day due to illness or accident without a medical leave of absence, notice of this circumstance must be given to the office of the Coordinating Secretary Provincial immediately and may conduct, where appropriate, the reduction of remuneration provided for in the regulation applicable to absences to work due to illness or accident which does not result in a situation of temporary incapacity. In any case, the return to the job must be made immediately in writing the concurrency of the cause of illness.

11.4 In the event of temporary incapacity, risk during pregnancy and risk during natural lactation, the medical part of the discharge must be sent to the office of the Coordinating Secretary, not later than the fourth day since this situation has started. That party shall certify the absence of each of the dates in which the situations described have occurred, whatever their duration.

11.5 The successive medical parts of confirmation of the initial discharge, as well as the medical reports of ratification, shall be submitted to the office of the corresponding Provincial Coordinating Secretary, no later than the third day The following shall be issued.

11.6 Once issued a medical discharge, the incorporation to the job is to be the first working day following its issue, and at that time the said party to the office of the Provincial Coordinating Secretary.

11.7 If the obligation to provide the proof of absence provided for under this heading or the medical part of the absence in the terms and time limits laid down in the applicable social security scheme is not fulfilled, shall be subject to the provisions of the cases of unjustified absences, and under which the corresponding proportional deduction of assets shall be applied.

11.8 The absence or absence of punctuality to the work motivated by the physical or psychological situation arising from gender-based violence, will be considered justified when the social services of attention are determined or health services, as appropriate, without prejudice to the fact that such absences are communicated by the judicial secretaries to the respective provincial or government coordinating secretaries.

12. Unjustified absences.

12.1 The Coordinators or Government Secretaries shall require the appropriate justification of all absences and shall not authorize within the working day those which may be carried out outside the working day, except those which correspond to the fulfilment of an inexcusable duty. In all other cases, even duly justified, the time of absence may be recovered within the flexible schedule slots of the same week in which the absence occurs or, at most, the following week.

12.2 The non-justified non-cause part of the day shall give rise to the proportional deduction of assets, in accordance with the provisions of Article 500 of the LOPJ and within 3 months of the absence, of conformity as laid down in Article 36 of Law 31/1991 of 30 December 1991 and as amended by Article 102.2 of Law 13/1996 of 30 December 1996, without prejudice to any disciplinary measures which may, in addition, be taken.

13. Compliance control. -The Provincial Coordinating Secretaries or, where appropriate, the Government's departments shall ensure that the working hours and working hours set out in this order are met by means of the system of control to be established based on the precise means and criteria available to the Secretary-General of the Administration of Justice, proposing or adopting the measures necessary for the correction of breaches and infringements.

14. Transitional provision. -Until the Relations of Jobs in the Central Civil Registry are not approved, the working hours shall be as set out in the second article of this order.

15. This order shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Madrid, January 11, 2014. -Minister of Justice Alberto Ruiz-Gallardón Jiménez.