Advanced Search

Resolution Of 1 July 1992, Of The Secretary Of State For Public Administration, Which Issued Instructions On Day And Staff Working Hours.

Original Language Title: Resolución de 1 de julio de 1992, de la Secretaría de Estado para la Administración Pública, por la que se dictan instrucciones sobre jornada y horario de trabajo del personal.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Instruction of 21 December 1983, of this Secretariat of State, issued the rules on working hours and working hours, licences and holidays of staff in the development of the Council of Ministers ' Agreement of 14 January 1983, subsequently amended in certain respects by Resolution of 27 August 1985 to bring it into line with Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

Moreover, the Agreement signed on 16 November 1991 between the State Administration and the most representative trade union organizations of public employees to modernize the administration and improve the working conditions, it devotes its chapter VI to the working day and schedules, introducing new rationalizing approaches in the field.

This Agreement, with a period of validity covering the years 1992, 1993 and 1994, requires changes in the rules on working hours and working hours, giving the precise instructions for its implementation, with the double objective of: on the one hand, to meet the demands of society, and on the other, to improve the working conditions of public employees.

Finally, issues relating to licenses and holidays will be segregated that will have regulation in another specific rule.

Prior negotiation with the Trade Union Organizations, General Workers 'Union (UGT), Workers' Commissions (CC.OO.), Independent Trade Union Confederation of Officials (CSI-CSIF), Solidarity of Basque Workers (ELA-STV) and Interunion Gallega Convergence (IGC), this Secretariat of State for Public Administration has resolved:

First. General rules and work schedule. 1. The distribution of the day and the fixing of the schedules determined in the following paragraphs shall be carried out by means of the working calendar.

Each Department, Autonomous Body and Social Security Management Entity shall approve their work schedule annually in accordance with these Instructions and after negotiation with the Union's signatory trade union organizations. Agreement of 16 November 1991, in the field of representation to which it corresponds.

2. The work schedule shall be signed by the Deputy Secretary of the Department or competent authority in the matter who will transfer the work calendar to this Secretariat of State (General Inspection of Public Administration Services) for his/her knowledge.

3. Without prejudice to the provisions of the previous paragraphs, the Government and Civil Governors will approve a common work schedule for the peripheral services of the Departments in the same province, in order to attend to the festivities. of its territorial scope.

4. In any case, the work schedule will have to comply with the following requirements:

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

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

c) In any case, the days and times will be accommodated to the needs of the service, taking into account the criterion of facilitating the attention to the public.

d) Respect the officially authorized special days and times that exist in each Department, Autonomous Body and the Management Entity of Social Security, although it must be communicated to the Secretariat of State for the Public administration the survival of the same in each case.

Second. General working day and time. 1. The weekly working day of the Civil Administration of the State, its Autonomous Bodies and Social Security, established in thirty-seven hours and thirty minutes shall be carried out in general for the first five days of each week on flexible schedule.

2. The main part of the schedule, called fixed or stable time, will be of five thirty hours a day of obligatory concurrency for all the staff, between the nine and the fourteen thirty hours.

The work schedule may provide for other hours of entry and exit, provided that at least five thirty hours of continued concurrency are guaranteed.

3. The variable part of the time, or the time of flexibility of the time, constituted by the difference between 27 and 30 hours and those which are set as weekly working time schedule, may be carried out from seven to nine of the Tomorrow and from the fourteen thirty to the nineteen hours, from Monday to Friday.

4. However, in order not to alter their proven effectiveness in order to provide the services, the existing days and schedules shall be maintained in those Organisms and Entities that have established them.

Third. Day and time of special dedication.

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

2. The day of special dedication will be performed according to the general system of flexible hours and with the following specificities:

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

b) The work calendar may set formulas for the hour and half of the evening corresponding to Friday, to compensate for the first four days of the week, respecting the total of forty hours per week.

Fourth. New mode of day. 1. It shall consist of a day distributed between nine and eighteen hours, with an hour of forced interruption for the meal between the fourteen thirty and the fifteen thirty hours, from Monday to Thursday, and between nine and fifteen hours on Friday.

The Centres and Bodies which opt for this modality will be able to set up an intensive summer day during the period from 1 July to 31 August, at the rate of seven hours between the eight and the 15 hours.

2. This modality can be established on a voluntary basis in the various management centres and agencies and its implementation will be negotiated, in each case, with the Trade Union Organisations.

3.

If no agreement is reached in the negotiation of this modality, its implementation can only be carried out with voluntary personnel.

Fifth. Special hours and days. 1. In the specific information and public service offices to be determined by the appropriate authority in each field, the timetable shall be nine to fourteen hours and sixteen to eighteen hours, every working day except on Saturdays per day. evenings.

For these purposes, a list of such offices will be sent to this Secretariat of State (General Inspection of Public Administration Services).

2. Special days and times, different from those established in general in these rules, which, exceptionally and for the interest of the service, must be carried out in certain cases, will be negotiated with the Trade Union Organizations in the field. and its implementation must be authorized by this Secretariat of State.

3. The currently authorised and existing special days and times are considered to be in force, without prejudice to the provisions of paragraph 4 (d) of this Resolution.

Sixth. Justification for absences. 1. The absence and lack of punctuality and permanence in which causes of illness are alleged, temporary incapacity and other of force majeure shall be justified by the staff at their superiors, who shall notify the unit of staff. competent.

2. In any case, from the fourth day of illness, the presentation of the part of the disease shall be obligatory, with the periodicity that it regulates, according to personnel included in MUFACE or in Social Security.

Seventh. Exceptions. The rules contained in this Resolution shall not apply to the teaching staff of the Ministry of Education and Science, or to staff assigned to health institutions and establishments, or to the traffic personnel of the Autonomous Agency. Post and Telegraph, or the staff of prison institutions. For these collectives, as well as for those other than their unique working conditions, they will be negotiated specific times and schedules of the respective functional areas, which will be preceptively communicated to this Secretariat of State.

Eighth. Compliance control. 1. The General Inspections of Services of the different Departments, with the coordination and in accordance with the criteria of this Secretariat of State (General Inspection of Services of the Public Administration), will monitor the compliance of the working hours and working hours and, in general, the rules contained in this Resolution, proposing the adoption of the necessary measures in order to correct non-compliance and infringements.

2. The competent personnel units and the heads of the various administrative units shall cooperate with the Services Inspections in the performance of the duties assigned to them in the preceding paragraph. The holders of the administrative units shall also communicate to their immediate superior the non-justified non-permanence of the staff in their capacity, in accordance with the rules that are specifically determined in the Labour Calendar by the Deputy Secretary of the relevant Department or authority.

3. The functions of the Undersecretaries and other competent authorities in this field shall be exercised, in their respective fields, by the Government and Civil Governors Delegates and by University Rectors, with the exception of personnel. laid down in paragraph 7.

Ninth. Validity and repeal. The Instruction of 21 December 1983 and the Resolutions of 26 January 1984 and 27 August 1985 of this Secretariat of State are hereby repealed as soon as they are contrary to the provisions of this Resolution, which shall enter into force on 15 July. of 1992.

Madrid, 1 July 1992. The Secretary of State for Public Administration, Justo Zambrana Pineda ..

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