Law 4/1990, of 29 June, the State budget for 1990, created, in its article 82, the Ente Público Aeropuertos españoles y Navegación Aérea, attached to the Ministry of transport, tourism and communications. The fourth point of that article provides that the staff of the Agency shall be governed by labour or private law standards which will be applied.
For that purpose, article 82, fourth, paragraph 3, establishes that for officials in the autonomous body Spanish airports and in the units of the Directorates-General of Civil Aviation and transport infrastructure that are affected by the transfer of functions, are eligible, for the period determined by regulation, by joining the staff of the entity templates , with recognition, in any case, from the antique which corresponds to them, leaving their bodies of origin in the situation of unpaid leave provided for in article 29. 3 a) of law 30/1984 of 2 August, of measures for the reform of the public function.
By Royal Decree 1081 / 1990, 31 August, whereby partially amending the basic organic structure of the Ministry of transport, tourism and communications, the General Sub-Directorate of infrastructure of the transport air, which depended on the General direction of transport infrastructure, and whose officials were affected by the creation of the public entity as provided for in article 82 four, 3 of law 4/1990, it extinguishes and their functions and responsibilities are assumed by the autonomous body national airports.
The present Royal Decree articulates the exercise of the right of option by concerned officials through the subscription, where appropriate, of the relevant employment contract, whose effectiveness will be determined by the date of commencement of the provision of services by the Agency, pursuant to the first additional provision of Royal Decree 905/1991 of 14 June which approves its Statute, being conditioned to that date those who sign-up before it, and full effect since its signing which formalized later. From the moment in which accrue effective referral contracts, civil servants who have opted for integration in the body become the situation of unpaid regulated in article 29. 3 to) law 30/1984 of 2 August, of measures for the reform of the public function, maintaining up to then their respective civil servants, by virtue, on the proposal of the Minister of public works and transportation, prior favourable report from the Superior Commission of staff, with the approval of the Minister for public administrations, according to the Council of State and after deliberation by the Council of Ministers at its meeting on 11 October of 1991, available: article 1 1. This Royal Decree shall apply currently intended for officials in the autonomous body national airports and the units dependent of the General Directorate of Civil Aviation of the Ministry of public works and transport, affected by the transfer of functions to the Ente Público Aeropuertos españoles y Navegación Aérea, in accordance with the provisions of article 82, fourth paragraph 3 of law 4/1990, of 29 June, the State budget for 1990.
2 units of the Directorate General of Civil Aviation, referred to in the preceding paragraph are: a) General Sub-Directorate of facilities and maintenance.
(b) central services of the General air traffic, except the Committee on investigation of incidents.
(c) support unit management accounting section to the Director general.
(d) air traffic control units.
(e) peripheral services of the Directorate General of Civil Aviation at airports and airbases, with exception of the delegations of safety in flight and the posts of Inspector of air transport companies.
(f) units responsible for the management, control and coordination of schedules assigned to the General Sub-Directorate of exploitation of the air transport.
3. Likewise, they may exercise the right of option referred to in the present Royal Decree, officials of the Directorate General of Civil Aviation who are performing jobs in the said Directorate General training centre and Spanish delegations in the ICAO and Eurocontrol.
Article 2nd affected officials may exercise the right of option referred to in the aforementioned article 82, four, 3, for the period of two months from the entry into force of this Royal Decree.
Article 3 1. Officials, included in the scope of this Royal Decree, opt to integrate into the workforce of the Ente Público Aeropuertos españoles y Navegación Aérea, will do so through a contract of individual work, which will be provided by the public entity and link them to it by an employment relationship subject to the labour law.
2. the individual contract referred to in the preceding paragraph, that is not subject to probationary period any, will be indefinite and fixed, and you will subscribe within the period referred to in the preceding article.
3. the contract will produce all its effects, including the economic, from the date on which the entity start services, according to provisions in the first additional provision of Royal Decree 905/1991 of 14 June, which approves the Statute of the public entity Spanish airports and air navigation, if it forges before such date , or from the moment of its signature if this is place later, and gather in its clauses economic compensation which shall be equal to at least the sum of the basic remuneration and supplements target and specific official came receiving until then.
Article 4th 1. Antiquity that corresponds to them for all purposes will be recognized to civil servants who opt to integrate into the Ente Público Aeropuertos españoles y Navegación Aérea.
2 economic effects, recognition of seniority come established, within basic pay, in the contract of employment with the denomination of "Personal remuneration of antiquity" and whose amount will be equivalent to the amount that perceives in respect of recognized triennia, increased by the amount which proportionally corresponding to the effective time of services that exceed the last three years expired.
3. for the purposes of the calculation of pensions which might cause those who opt for their integration into the public service, it will be as provided in the Royal Decree 691/1991, of 12 April, on reciprocal computation of fees between the Social security schemes.
4. the antiquity in the statutory relationship of official who opt for their integration into the public service will be taken into account for the purposes of professional promotion in the quoted body, in the manner determined in the collective agreement. All of this regardless of the assessment that is attributed in the system of professional promotion of the entity to antiquity in it by the regime of employment relationship.
Article 5 will be recognized official who chooses to integrate into the workforce of the public entity templates for all purposes, by antiquity that the aforementioned official had recognized, in accordance with provisions in the law 70/1978, of December 26, on recognition of prior service in the public administration.
Article 6 1. The official who, in the exercise of the aforementioned right of option, decide to integrate into the workforce of the public service, will be in your body or scale of source on the voluntary leave regulated in article 29. 3 a) of law 30/1984 of 2 August, of measures for the reform of the public function.
2. that situation will start on the date indicated in paragraph 3 of article 3 and will persist as long as the relationship of services that gave rise to it.
Article 7th 1. In the course of producing the cessation of the employment relationship with respect to the public entity, either that was the cause of it, the officer must apply for re-entry into active service within a maximum period of thirty days, declaring him not to do so as well, on the voluntary leave for particular interest as referred to in article 29. (3 c) of the aforementioned law 30/1984.
2. such re-entry will occur through the allocation of a provisional target, in accordance with the legislation in force.
Article 8 1. Officials who, being included within the scope of this Royal Decree, opting to not integrate into the workforce of the public entity templates, will cease in their jobs, and are available from the Undersecretary of the Ministry of public works and transport, attributing them temporarily work corresponding to its group of degree and range of levels by the competent authority in this regard , pursuant to article 21. (2 b) of law 30/1984.
2. for this purpose, the Undersecretary of the Ministry of public works and transport shall draw up the list of vacancies for those staff members who opt to remain in the civil service, which will be available to the aforementioned officials before the end of the period of exercise of the right of option referred to in the present Royal Decree.
3. the squares provided shall comply with the town of residence of the staff member, unless by lack of organizational structures is possible the fulfillment of such condition.
4. the Ministry of transport and public works formulate before the Executive Committee of the inter-ministerial Commission fees (CECIR) from proposals in order to solve those exceptional cases in which not can be assigned job to civil servants who opt to continue on active duty in the administration of the State.
Article 1-9th. In accordance with the provisions of Royal Decree 28/1990, of 15 January, that approves the regulation General of Provision of jobs and promotion professional of the officials civilians of the administration of the State, in its article 27, paragraph 2, civil servants who choose not to integrate in the public entity, continue to perceive, as qualification another post and for a maximum period of three months , the complementary fees corresponding to the place of origin.
2. once occupied a new post, supplementary benefits will be own the quoted post, except for the complement of destination which will be, as a minimum, that corresponds to your personal degree consolidated, according to lo dispuesto in article 21. 2 to) of the aforementioned law 30/1984.
TRANSITIONAL provisions first.
The personal staff member who has not opted for their integration into the public body until it has started providing its services, will continue to the administrative support that is sued him, until the period of two months referred to in item 2 of form that the start of activities of the entity does not affect the continuity of the services entrusted. Within this period will take place the provisions contained in article 8 of the present Royal Decree.
1 the right of option referred to in article 1 of the present Royal Decree may be exercised also by those officials who, at the time of the start of the period for the exercise of the said right, in any of the following situations: to) who are in the situation of special services and had reserved jobs affected by the transfer of functions.
(b) officials in practices that were doing the compulsory course of training or upgrading in the Centre of training of the General direction of Civil Aviation.
These officials will have to exercise the right of option, counted from the first day of the month following that in which formally reached the status of career officers within a month.
(2. Likewise, shall apply the provisions in the preceding paragraph, letter b), who are performing the selective tests, already convened, for access to the bodies of special traffic controllers air, of technical specialists in aeronautical telecommunications and technical aviation specialists, once overcome, in his case, the same and achieved the status of career officers.
3. in addition, staff members who are on voluntary leave, whose ultimate destination in asset would be in units or jobs that have been affected by the creation of the public body, as provided in article 1, paragraphs 2 and 3, or those who in their day were equivalent, may exercise the right of option within the same period referred to in article 2 , subordinating the effectiveness of the contract to the date that the two years on leave and asking for re-entry into active duty, should get new destination.
FINAL provision this Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on October 11, 1991.
JUAN CARLOS R.
The Minister of public works and transport, JOSÉ BORRELL FONTELLES