Law 48/1984, of December 26, regulating the objection of conscience and the replacement social benefit, establishes the legal system of the right recognized in Article 30.2 of the Spanish Constitution.

By Royal Decree 1519/1986 of 25 July, restructuring of ministerial departments, the Ministry of Justice was given the functions previously assigned to the Ministry of the Presidency in respect of awareness.

Developed by Royal Decree 551/1985 of 24 April, the aspect concerning the National Council for the Objection of Conscience and the procedure for the recognition of the condition of conscientious objector, it is necessary to regulate the replacement social benefit, to which the present Royal Decree is intended.

With this Royal Decree the rules regarding the classification of objectors are approved, indicating the causes of exemption from the period of activity. Temporary exclusions and grounds for postponement are regulated. Situations of availability, activity, and reservation are described.

A title of the Regulation is dedicated to the content of the benefit and to the concerts with the Entities, setting the conditions of the programs and centers of destination of the objectors. The functions of the Office for the social provision of conscientious objectors are determined and the disciplinary regime is regulated.

In short, the Regulation adopted lays down the rules for the application of the replacement social provision and the criteria to be used by the Office, in particular as regards the subscription of the Office. concerts.

In its virtue, on the proposal of the Minister of Justice, according to the Council of State and after deliberation of the Council of Ministers at its meeting of the day 15 January 1988,

DISPONGO

Article 1. º

The Regulation on the social provision of conscientious objectors is approved, the text of which is inserted below, in implementation and development of Law 48/1984 of 26 December.

Art. 2. º

The duration of the activity status of the replacement social benefit is fixed at eighteen months.

TRANSIENT DISPOSITION

Those who have received notification of recognition of the condition of objector prior to the date of entry into force of the accompanying Regulation may make application for exclusion, deferral or exemption within the three months after this date.

FINAL PROVISIONS

First.

Article 7 (1) of the Regulation adopted by Royal Decree 551/1985 of 24 April 1985 is worded as follows:

" Art. 7. º

One. The application for recognition as a conscientious objector may be submitted from the last quarter of the year in which the seventeen are satisfied and up to the time when the military service is incorporated into the ranks. For the purposes of the social benefit scheme, recognition shall only take effect from 31 December of the year in which the objector is 18. The application for recognition may also be submitted as long as the military service reserve situation remains. "

Second.

By the Ministry of Economy and Finance, the necessary credits for the effectiveness of this Royal Decree will be enabled in the different budget sections.

In any case, the ordinary expenses incurred in the performance of the social benefit shall be charged to the corresponding appropriations of the Ministry of Justice. The allocation of the other expenses shall be as agreed at the concerts, as laid down in the Regulation which is adopted.

Third.

The Minister of Justice is empowered to approve the provisions and to take the necessary measures for the development and implementation of the provisions of the accompanying Regulation and in this Royal Decree.

Given in Madrid to January 15, 1988.

JOHN CARLOS R.

The Minister of Justice,

FERNANDO LEDESMA BARTRET

REGULATION OF THE SOCIAL PROVISION OF CONSCIENTIOUS OBJECTORS

PRELIMINARY TITLE

General provisions

Article 1. º Regime of the replacement social benefit.

Those who have been recognised as conscientious objectors are subject to the regime of the replacement social benefit (hereinafter referred to as the benefit) and are therefore entitled to the obligations and rights established by Law 48/1984 of 26 December 1984 on the objection of conscience and the replacement of social benefits, in accordance with the provisions of this Regulation.

Art. 2. Organs.

1. The Ministry of Justice, by means of the Office for the Social Provision of the Objectors of Conscience (hereinafter the Office), is responsible for exercising the functions of management and inspection of the benefit in order to ensure that the content of the respond to activities of public or social interest or general interest. The Minister of Justice shall propose to the Council of Ministers, in accordance with Article 6 of Law 48/1984, the sectors in which the benefit is to be developed.

2. Requests or complaints which may be addressed to the National Council for the Objection of Conscience in matters of social provision shall be referred to the Ministry of Justice by the National Council for its resolution.

3. The Office shall have the human and material resources necessary to facilitate the performance of the duties and to ensure the exercise of the rights of the objectors established in the Law.

Art. 3. General Concepts.

For the purposes of this Regulation, it is understood by:

a) Requesters, those Spaniards who, as provided for in Law 48/1984, have submitted written to the National Council for the Objection of Consciousness to be recognized as conscientious objectors.

b) Objectors, those who have obtained this legal status.

(c) Classification, the set of operations carried out by the Office, leading to the organisation and membership of the available staff.

d) Annual effectives, the set of objectors that are incorporated during the year into the activity situation.

e) Period of activity, the time during which the objector performs the tasks entrusted to it.

f) Social contributor, the objector who, during the period of activity, is providing the services provided for in the Law.

Art. 4. Classification and exceptional measures to be taken by the Government.

1. The classification operations shall be carried out by the procedures and within the time limits provided for in this Regulation and in its implementing rules.

2. By way of exception, however, the Government may, on a proposal from the Minister of Justice, adopt the following measures by Royal Decree:

a) Variate the dates and deadlines set for each of the sort operations.

b) Suspend temporary exclusions.

(c) in cases of serious risk, disaster, public calamity or other analogous to these effects, the reinstatement of all or part of the personnel who are in a reserve situation, by means of a periods which, in total, do not exceed 30 days per year, for assignment to civil protection tasks.

(d) To order, in the case of national mobilization, in whole or in part, the reinstatement of all or part of the personnel who are in the reserve situation for assignment to civil defense tasks.

(e) to provide, in the case of national mobilisation, in whole or in part, the review of the files of those who were declared on their day exempt from the period of activity, for their allocation to the activities referred to in the Previous section.

TITLE FIRST

Classification of the objectors

CHAPTER FIRST

Classification and Review

Art. 5. º Classification Groups.

1. The objectors will be classified in any of the following groups:

a) Use them to perform the capability.

b) Excluded entirely from the benefit scheme.

c) Temporarily excluded from the activity phase.

d) Exentos from the activity period.

2. The objectors who are required to appear personally in the acts of classification cease to do so without justified cause, or those, classified as temporarily excluded, who without justified cause are not present to carry out the review, will be considered by the Office as useful for the purposes of incorporation into the activity.

The same classification shall be for objectors who do not submit within the time limit the documentation required for their classification.

If the objector is subsequently credited with any of the classifications provided for in points (b), (c) or (d) of paragraph 1 of this Article, his classification in this respect shall be reviewed, without prejudice to the fact that he/she is may sanction the delay in accordance with the provisions of Articles 48 and 49.

Art. 6. No. Classification Organ.

1. It is for the Office to classify those who have been recognised as objectors, in the groups set out in Article

.

2. By way of derogation from the above paragraph, they shall be accepted by the Office and referred to the provision, the classifications which may have been agreed by the relevant Recruitment Centre.

Art. 7. º Acknowledges.

1. The physical or mental examinations of those who initially or by overcome causes illness or physical or mental incapacity shall be carried out by the doctors attached to or by the Office, without prejudice to the referred to in Article 13. For these purposes, the presence of any objector may be sought for the purposes that are accurate.

2. The examinations provided for in the preceding paragraph shall be carried out on the date, place and time determined by the Office.

3. Where the objector certifies by medical certificate that it is impossible for him to appear for recognition, the Office shall agree to postpone or carry out the objector's address, unless, in the light of the documents in the file, proceed to issue classification resolution.

4. These recognitions will be free.

Art. 8. The total exclusion of the benefit scheme.

It will be a cause of total exclusion from the benefit scheme, given its replacement character, to suffer from a physical or mental illness or disability from those contained as such in the Medical Exclusion Table. Appendix 1 of the Annex to the Military Service Regulation, approved by Royal Decree 611/1986 of 21 March. The Office shall, on its own initiative or at the request of the parties concerned, decide on the grounds for determining the total exclusion.

Art. 9. The temporary exclusion of the activity situation.

1. The following shall be causes of temporary exclusion from the activity of the service:

a) To have illness or physical or mental disability as a cause of temporary exclusion in the Medical Exclusion Table cited in the previous article.

b) Get adjournment to the activity period.

(c) Be in compliance with deprivation of liberty or subject to measures that are incompatible with the performance of the benefit.

2. Objectors who obtain the classification of temporary excluded shall remain in the availability situation until they start the period of activity or obtain the classification of exempt.

Art. 10. Exemption from the period of activity.

They will be exempt from the benefit activity period:

(a) Those who, enjoying first class postponement, achieve the conditions set out in Article 12.3.

(b) Those who, enjoying the fourth class postponement, meet the conditions set out in paragraph 2 or, where applicable, Article 25 (3

.

(c) Those who credit the provisions of this Agreement in International Conventions for which Spain is a party, or who credit or have been exempt from military or civil service in another country, by legal imperative inexcusable.

d) Those who come from the military service reserve situation.

Art. 11. Classification of objectors subject to measures of deprivation of liberty.

1. The objectors who are subject to measures of deprivation of liberty must inform the Office, either within the month following that of the notification of the condition of objector, or within the period of 45 calendar days. from the time of the occurrence of such an overcome, in order to its temporary exclusion.

2. These objectors will be subject to a new classification when the cause of the exclusion ceases, which must be communicated by the objector within one month.

3. Where the measures of deprivation of liberty have occurred during the period of availability, the objector shall be classified as temporary excluded.

4. If such measures were to take place during the period of activity, the social partner would cause low in the service centre, serving as a credit, both the time actually paid, and the length of time of the prison term. imposed.

Art. 12. Review and new classification.

1. Those temporarily excluded from the situation of sickness or physical or mental incapacity, must carry out a compulsory review, on the basis of a summons, during the second calendar year following the year in which they were classified as temporary excluded. If the same causes that led to the exclusion remain in the review, they will be totally excluded from the provision.

2. If any objector claims that they have varied the causes of illness or physical or mental incapacity that led to their temporary exclusion, they may request for a single time to review, upon documentary submission of the allegation made.

3. Objectors temporarily excluded from the provision for first class adjournment shall be subject to compulsory review at the age of three. If the causes of the exclusion persist in this review, they will be exempt from the period of activity, moving to the reserve situation.

The Office will review the granting of deferral, if it becomes aware that the circumstances that gave rise to it have been altered.

4. The revisions provided for in paragraphs 1 and 2 shall be carried out by the Office in accordance with Article 7 of this Regulation. If the reasons for the temporary exclusion do not exist in them, the objectors shall be classified as useful for the benefit, and shall be incorporated at the first opportunity into the period of activity unless they obtain further deferment.

Art. 13. Classification of residents abroad.

1. The classification of those who, residing abroad, are recognised as conscientious objectors, shall be carried out by the Office in the light of the medical certificates and documentation submitted by the relevant consular offices or sections. consular missions of diplomatic missions.

2. The Office shall, in general, delegate the review of the objectors resident abroad to the competent consular bodies, which shall send the necessary documentation to the Office to determine the appropriate classification.

CHAPTER II

Postponements

Art. 14. Request, grant and waiver.

1. The acquisition of adjournment to the period of activity is a cause of temporary exclusion as referred to in Article 9. of this Regulation.

2. Deferrals shall be requested within two months of notification of recognition of the condition of conscientious objector or, due to overcoming, for the remainder of the period of availability.

3. The granting of adjournment to the period of employment is the responsibility of the Office, which shall deal with and resolve applications submitted to the objectors by the objectors.

4. The duration of the adjournments of the first, second, third and fourth classes, cause (a), shall begin to be counted from the 15th of September of the year of their concession and shall end on the same day of the year of their extinction.

If the deferral has been granted due to overcoming, it will begin to be enjoyed at the time of its concession and will end on September 15 of the year in which its duration is extinguished.

5. The persons classified as temporary excluded from the annual staff may be deferred for due cause for any of the reasons set out in Article 9. of this Regulation, where the reasons for such postponement have ceased. classification and meet the general conditions set for the requested deferral class.

However, no first class postponement will be granted for the event, to those who would have enjoyed the extension of the second class postponement, unless the cause of the postponement was due to the circumstances of the circumstances. exceptional, duly justified, which made the personal contribution of the objector essential to his family, or that the reduction of the family's liquid income was due to the death of a member of the family unit contributed revenue.

6. The objectors in activity who request postponement due to overcoming, will take it through the service delivery center.

7. Interested parties may at any time waive any deferments they have granted, in this case being again classified.

Art. 15. Classes of deferrals.

The postponements classes are as follows:

First class: For the interest of the person concerned to support his family.

Second class: For reason of studies.

Third class: For having a sibling in rows fulfilling the mandatory military service, in the activity phase of the provision or, where appropriate, complying with the mandatory civil service.

Fourth class: For any of the following causes:

a) Being a resident abroad.

b) By Government agreement, founded on national interest grounds.

Fifth class: For public office by popular choice.

Section 1. First Class Postponements

Art. 16. Assumptions.

First class deferral will proceed in the following cases:

(a) Where the financial contribution due to the objector's work contributes to the family support under the conditions laid down in this Regulation.

b) When, due to exceptional circumstances, the personal contribution of the objector to the maintenance of his family is considered essential, even if he does not comply with the requirements set out in the following Article. In this case, the Office shall report to the Deputy Secretary of Justice, which shall decide as appropriate.

(c) Where exceptional circumstances of a duly documented work type are present in the objector, they shall make their presence in a position essential for their achievement or consolidation. This deferral shall be granted for a single time and a period of two years, without the right to review.

Art. 17. Contribution to family support.

1. For the purpose of granting the first class deferral, the objector must, prior to his incorporation into the activity period, contribute to the household liquid income with a contribution equal to or greater than 25 per 100 of the same and which such liquid income, including those which the objector would receive during the period of business, do not exceed, in its annual consideration, the economic units listed below according to the number of the objector's family members, excluding this:

A family member: 400 units.

Two family members: 550 units.

Three family members: 650 units.

Four family members: 750 units.

And so on, increasing 100 units annually for each family member.

2. Economic unit means the amount of the daily interprofessional minimum wage, set by the Government for the 18-year-olds, in force at the time of the application for deferment.

3. For these purposes, the objector's family members shall be considered as natural or adoptive parents, wife, children, stepfathers, grandparents and siblings, provided that they are effectively and permanently live in the home, and must be documented, except where the non-coexistence is justified by a proven work or disease requirement before the Office, or for which the person concerned has a legal obligation to provide food.

Art. 18. Annual family income.

1. It shall be necessary for the granting of the deferment that the total annual net income is lower than that of the liquid income necessary for the family maintenance, in accordance with the scale set out in the Article previous.

2. The determination of annual family net income shall be made by deducting from the total sum of gross family income, including those of the objector himself, the following amounts:

a) The amount of State, Autonomous, or Local Administration contributions, fees, and taxes.

(b) The amount of the amounts paid to the Social Security as the contribution of the workers.

(c) The actual amount of the household's housing costs up to a maximum of 100 economic units, upon documentary justification.

3. All revenue provided for in this Article shall be those corresponding to the year before the deferral is requested.

Section 2. Second Class Postponements

Art. 19. Assumptions.

Second class deferral will be granted when the objector does not comply in the year in which it is requested by twenty-six or older and is in any of the following cases:

a) Curse official studies of the Unified Unified Baccalaureate level, Vocational Training or equivalent or higher level.

b) Curse in foreign countries official studies of the country of residence of the same level as those mentioned in the previous section or extension of the national studies.

(c) Halting preparing official competitions or completing the periods of officially required practice for obtaining qualifications or employment.

Art. 20. Request.

Applications for the first deferral must be submitted within two months of notification of the recognition of the objector condition.

For subsequent deferrals, that request will be filed between June 1 and September 10.

Art. 21. Duration.

Second class postponements and their extensions shall be for two consecutive years, with the exception of the extension requested in the year in which the objector is twenty-five years old, which shall be granted by a single year.

Section 3. 3rd Class Postponements

Art. 22. Assumptions.

A third-class deferral will be granted in the following assumptions:

(a) When the objector has any sibling who is serving the mandatory military service in the ranks, the activity-stage benefit or, where applicable, the mandatory civil service.

(b) When both siblings are pending incorporation into the military service, provision or civil service in the circumstances indicated in the preceding paragraph, within the year in which they are 18 years of age.

The stakeholders will agree to determine which of them is to obtain the deferral. Failure to do so shall be granted to the minor or, if it is the same, to which he is subsequently registered in the Civil Registry.

Art. 23. Duration.

Postponements will be granted for one year and will be extended for periods of equal duration, upon request, if at the end date another distinct sibling is found in activity.

Section 4. 4th Class Postponements

Art. 24. Assumptions.

1. The addition to the activity period may be delayed by the obtaining of fourth class deferrals, in the following cases:

(a) When the objector has been accredited to reside abroad since 1 January of the year in which he or she is seventeen.

b) By agreement of the Government, founded on national interest, on the proposal of the Minister of Justice.

2. Where the consular post is aware of any objector with a stable residence abroad, even if it has not been in possession since 1 January of the year in which it is of the age of 17, it may deal with the proposal for the granting of fourth class a).

Art. 25. Duration of deferral and exemption from the period of activity.

1. The duration of the first deferment shall be two consecutive calendar years, which may be extended, on application before 1 April of the year in which the previous one expires, for equal periods, provided that the circumstances giving rise to the granting of the deferral.

2. It will consolidate the exemption from the period of activity who will confirm for three consecutive times this type of postponement, moving on to the reserve situation.

3. Deferrals based on national interest shall be valid for a period of two years, extending for the same period until six years after the first adjournment has been granted, in which case the objector shall be exempt from the period of activity, moving to the reservation situation.

Fifth Class Postponements section 5

Art. 26. Assumptions and requests.

1. Deferrals for public office by popular choice will be granted in the following assumptions:

(a) By election to the position of Deputy or Senator of the General Courts or Member of the European Parliament. The duration of the postponement will reach the constitution of the House immediately after the one for which they were elected. The loss of the status of Deputy or Senator of the General Courts or Member of the European Parliament, for reasons other than the expiry of the mandate of the Chambers, shall leave the postponement without effect.

b) By election as a member of the Legislative Assemblies of the Autonomous Communities, as well as of the Local Corporations. A single adjournment shall be granted as long as the person concerned has such a condition, the duration of which shall be equal to that of the mandate for which he was elected. The loss of the status of member of the Legislative Assemblies of the Autonomous Communities or of the Local Corporations, for reasons other than the expiration of the mandate of the Authority will leave the postponement without effect.

2. The application for deferment for such reasons shall be submitted within two months of the notification of the recognition of the condition of objector or, where appropriate, within 30 calendar days of the acquisition of the the condition of any of the public charges referred to in the previous paragraph.

CHAPTER III

Distribution of annual staff

Art. 27. Competence and determination.

1. The competence for the distribution of the annual staff corresponds to the Office.

2. The annual staff shall be determined by subtracting all those who are recognised as objector in the year, those who have been classified as wholly excluded from the benefit, the temporary excluded and those who have been granted an exemption from the period of activity. This new set will have to be joined by those who have been recognized in previous years to cease in the conditions that led to their temporary exclusion.

Art. 28. Annual concert plan.

Known as the needs of civil services which are likely to be met by objectors, the Office will proceed to draw up an annual concert plan, which will be submitted for approval by the Minister of Justice. This Plan will set out the needs that should be addressed as well as the maximum number of objectors that can be assigned to each program or service delivery center.

Art. 29. Attachment.

1. The objectors components of the annual staff shall be assigned to the programmes or centres for the provision of services directly dependent on the Central Administration or those provided for in the corresponding annual concert plan, taking into account gives priority to the needs of civil services and, where appropriate, the ability, skills and habitual domicile of the objector, as well as their preferences for performing social provision.

2. The Office shall communicate to each Entity concerned the number of objectors assigned to it.

Art. 30. Notification and incorporation.

1. The date and place of incorporation shall be notified to the persons concerned in the manner laid down in Article 80 of the Law on Administrative Procedure. The notification to residents abroad will be made through the corresponding consular post or consular section of the Embassy of Spain.

By a given date, the delay in filing, without sufficient cause, within the following three days, shall be sanctioned in accordance with Article 48 (b). After this period, the objector shall be deemed to have ceased to appear at the time indicated, in accordance with the provisions of Article 2 (2) of Organic Law 8/1984 of 26 December.

2. The notification letter shall express the responsibilities in which the objector may incur, if he or she is late or does not appear, without justified cause, in the time and place indicated.

3. Where the incorporation requires the posting of the objector, the travel vouchers shall be attached to the notification letter or the date, place and time shall be indicated in which the posting shall be collected. The appropriate allowances shall also be provided. In the case of residents abroad, the allowances and travel vouchers will be provided by the corresponding consular post or consular section of the Embassy of Spain.

4. The objectors who are unable to carry out their incorporation on the date indicated by the disease must submit such a statement to the Office, accompanied by a corresponding medical certificate. The Office may order the appropriate recognition.

5. The act of incorporation shall be formalised by the signature of the corresponding incorporation act.

TITLE II

Delivery regime situations

Art. 31. Enumeration.

The benefit scheme, which will have a normal duration of fifteen years, includes situations of availability, activity and reservation.

Art. 32. Availability situation.

1. It will be up to the availability situation to legally acquire the condition of conscientious objector, provided that they do not come from the situation of reserve of the military service.

2. This situation will last for a maximum of one year after the objectors are declared useful for the performance and, in any event, will be extended until the objector initiates the situation of activity or goes directly to the situation of reservation.

3. In this situation the objectors will have a direct dependency on the Office, they must be directed for any matter related to the regime of the benefit and will inform of any change of domicile, which, in any case, they will not be able to fix of the national territory.

Art. 33. Activity situation.

1. The activity situation will start on the day the objector performs the onboarding act and will end when it gets the license and passes to the reservation.

2. The situation of activity will be continued, except for the reasons provided for in this Regulation. Their duration will be halved for those objectors who are aged twenty-eight years old.

3. Social partners shall carry out their provision in the manner and in the conditions which require the needs of the services and destination centres. In general terms, the performance conditions of the activity will be similar to those established for the staff in the sector concerned.

4. The social partners are subject to the rules of internal rules and the organisation of the work of the centre of destination.

5. Social partners who pass the tests that will be established will be designated monitors or coordinators.

6. During the activity situation, the objectors will need to obtain special permission to move abroad, except in the cases where the nature of the task assigned to them requires these displacements.

Art. 34. Economic and social rights of social partners.

1. The social partners will have to bear in hand, the improvements that can be established in the budgetary rules and what is necessary for their food, clothing and transport, in the conditions of equivalence provided for in the Law. The corresponding quantities in hand and their possible improvements may be made effective directly or through the corresponding Concerted Entities.

2. In accordance with the provisions of Article 10 of Law 48/1984, during the period of activity of the benefit, the reserve of the job to be carried out shall be entitled to the situation provided for in the legislation in question. every moment. In addition, in the case of students, the reservation of the place in the corresponding teaching centre shall be entitled.

3. The suspension of the contract of employment by incorporation into the activity situation is considered, for the purposes of Social Security, as a situation of assimilation to the discharge for the health, family, invalidity and death benefits and survival, under the same conditions as military service.

4. Officials of the Public Administrations shall pass during the situation of activity to the administrative situation established in their statutory regime for military service assumptions.

5. The medical and pharmaceutical benefits of the social partners will be provided by the Social Security system under the General Budget of the State.

6. The social partners will apply the regime established in the legislation of the State Passive Classes.

7. The carrying out of the tasks entrusted to the social partners will not, in any case, involve the existence of a legal employment relationship.

Art. 35. Reserve status.

1. The reserve situation shall start at the end of the activity situation, from the moment the exemption from the period of activity is consolidated or at the time when a reservist from the military service obtains the legal consideration of objector. And end on 1 January of the year in which the age of thirty-four is met, the date on which the absolute licence is obtained.

2. During the reserve situation, the objector file shall be kept with all the data relating to the period of activity.

3. Reservists shall be required to communicate to the Office changes of residence or address.

TITLE III

Delivery Content and Concerts with Entities

Art. 36. Training courses.

1. Social partners will receive basic training.

2. Given the specific allocation of the conscientious objectors to civil protection and defence tasks, in the cases provided for in Laws 48/1984 of 26 December and 2/1985 of 21 January and Article 4 of this Regulation, the In all cases, it will cover civil protection and defence. To this end, the Office shall seek the necessary cooperation from the competent bodies on the grounds of such matters.

3. In their case, social partners will also receive basic training in the field of development cooperation.

Art. 37. Programs and Activity Realization Centers.

The benefit will preferably be performed in Entities that are dependent on the Public Administrations. It may also be fulfilled in non-public entities, to be determined by the Minister of Justice, provided that they meet the following conditions:

a) That they have no profit.

b) That they serve the general interest of society, especially in the social sectors most in need.

c) Not to favor any particular ideological or religious choice.

Art. 38. Collaborating entities.

1. In order for an Entity to receive social partners it will have to be recognized by the Office as a contributor to the social benefit, by subscribing to the corresponding concert.

2. To be considered a contributing entity, it must carry out programs or maintain centers dedicated to some of the sectors determined by the Council of Ministers and meet the legal and regulatory conditions established, guaranteeing a occupation, training, management and attention to the objectors, which responds to the purpose of the benefit.

3. An Entity that proposes activities that by its nature or conditions may mean a manifest inequality in relation to those of other objectors or those incorporated in the service in rows shall not be deemed appropriate.

Art. 39. Concerts.

1. Concerts with the different Entities shall specify at least the following:

a) Purpose of the program or center where the objectors are to collaborate, as well as their social profitability.

b) Specific activities or activities to be developed by social partners.

c) The maximum number of social contributors that can receive the program or center.

d) Regime, conditions, and workday.

e) Courses, with reference to their content and duration, that the Entity undertakes to impart to the social partners for the best development of the activities that are their own and without that in their content they can be introduced influences in favor of ideological or religious choice.

f) Controls to establish in order to ensure the performance of the activity entrusted to each of the collaborators.

g) Prohibition of using objectors in template positions or replacing employees.

h) Prohibition of granting other benefits than those provided for in the current regulations and in the concert itself, which may give rise to disparity with respect to other objectors or those who are serving the service in rows.

i) Documentation of mandatory completion and communications to be sent to the Office.

j) Commitment of the Entity to facilitate the surveillance and inspection of the competent bodies, in order to comply with the regulations governing the regime of the benefit and the one of the concert itself.

k) Vigency of concerts and their causes of resolution.

l) The functions that are attributed to the Entity in relation to the benefit regime.

2. The concerts will be administrative in nature. In the event of a dispute in its interpretation, amendment, resolution and effects, the administrative procedure shall be exhausted, only in the case of an administrative dispute.

3. Type-awareness, which shall be approved by the Minister of Justice, may be established.

Art. 40. Obligations of the Entities.

1. The entities that receive social partners are obliged to comply with these measures of safety and hygiene in the work established in the corresponding regulations.

2. The Entities that agree with the Office shall provide the social partners with what is necessary for their accommodation, maintenance, costumes and transport, for as long as they lend their activity in the program or center of them. dependent, in the cases, form and conditions to be established at the concerts. Where such attentions, in accordance with the concert, are not to be taken into account by the concerted entity, the procedure shall be determined to compensate or to meet the expenses satisfied or to satisfy the agreed entity, and may be fixed for the purpose quantitative modules.

3. The entity may not in any case yield to a third entity the services of the social partners that have been assigned to it. It will also not be able to make economic allocations to social partners other than those established.

4. The receiving centres may be enabled as offices paying for the holding of the social partners where it is expressly agreed by both parties concerned.

5. The Entities are required to provide documentation, where appropriate, of the application of the amounts intended for the objectors or the performance of the services or services referred to in paragraphs 4 and 2 of this Article.

6. The person responsible for the social partner's programme or service delivery centre, or another person in the respective Entity, may be entitled to be an instructor in a disciplinary case.

Art. 41. Functions of the programme manager or centre holder.

The head of the program or the head of the center has responsibility for the social partners assigned to him, the following functions:

(a) Serve as a regular channel for communications between the social partners and the Office.

b) Take care that the social partners have adequate information about their rights and duties.

c) To instruct each social contributor to perform the right acities.

d) Take the ticket book of the benefit regime up to date, making the annotations that are pointed out.

(e) Communicate to the Office, in accordance with the provisions of the relevant concert, any incidents arising in connection with the performance regime.

f) to provide the supervisory and inspection bodies with the examination of all aspects relating to the way in which the scheme is complied with, both in respect of the duties corresponding to the social partners; as to those of the Entity itself and the person responsible for the program or center.

g) All other functions that are expressly entrusted to you through the subscribed concert.

Art. 42. Civil Governments.

1. The Civil Governments shall bring to the attention of the Ministry of Justice any failure to comply with the rules governing the arrangements for the provision or the concerts subscribed, in particular by monitoring the activity of the objectors in practice. does not have a negative impact on the labour market.

2. The Civil Governments and, where appropriate, the embassies and consular offices of Spain abroad will receive copies of each of the concerts that the Office subscribes with Entities whose programs or centers are located in its territorial scope, thus as the relationship of the social partners assigned to each Entity and the objectors in a reserve situation, with domicile in that area, for the purposes provided for in Article 4. of this Regulation.

3. The Office of the Inspector of the Office may be created in the Civil Governments, with the appropriate organic level, which shall be attributed, under the organic dependence of the Civil Governor and the functional Office, to the performance of the Office. related to the management of the performance of the provision in the respective territorial scope.

Art. 43. Resolution of the concerts.

1. Failure to comply with the clauses of the concerts by the contracting entities or by those responsible for the programme or the centre to which the social partners are assigned may be claimed by the Office as a valid cause for the decision of the concert, passing the objectors to be attached to the program or center that is determined, where they will have to meet the time that they are of activity.

2. The advance settlement of the concert shall determine the corresponding settlement.

TITLE IV

Office for the social provision of conscientious objectors

Art. 44. Functions.

The Office for the Social Benefit of conscientious objectors is the organ responsible for the management, inspection and control of the provision, with the following functions:

(a) Prepare the concerts with the Entities of the Public Administrations competent in the sectors of activity in which the objectors are to perform their benefit, and also with the non-public entities to which it refers Article 7. of Law 48/1984.

b) Classify objectors and grant adjournments to the activity period as well as the corresponding reductions.

c) Assign the troops based on existing needs and availabilities.

d) Adscribe to the objectors to the services and modify, where appropriate, the agreed membership, entrusting them with works and functions, as well as to take care of the effective fulfillment of the same.

e) Control the activity of the public or private organs and entities from which the programs and centers in which the provision is made in relation to the content of the same are dependent.

f) Keep up to date a record of objectors in which the vicissitudes relating to the benefit have been recorded since the applicant acquires the legal status of objector until he obtains the absolute license.

g) Initiate disciplinary files to take place.

h) Avoid that the activity of the objectors has a negative impact on the labour market.

i) Adopt the necessary measures to ensure that in the case of emergency or war, the personnel are assigned respectively to tasks of protection and civil defense.

j) Organise courses to ensure basic and, where appropriate, specialist training of objectors.

k) Develop the annual activity memory.

l) Report to the National Council on the Objection of Conscience on the practical application of the benefit regime.

m) Exercise any other functions as provided for in this Regulation or which are entrusted to you by the Minister of Justice.

Art. 45. Media.

1. In order to ensure that the provisions of Article 12 of Law 48/1984 are effectively complied with, the Office may directly issue instructions, circulars or special orders to the centres and departments in which the objectors perform the benefit, in respect of their legal status or with those aspects that are explained in the relevant concerts.

2. The Office shall be responsible for the costs incurred by the objectors during the period prior to the activity, as a result of the citations made during the classification process.

3. The Office shall also be responsible for the exceptional expenses which, not being provided for in the relevant concerts and are not attributable to the wishes of the objectors, may be incurred during the period of activity.

Art. 46. Director of the Office.

1. It is for the Director of the Office to ensure and take the necessary measures within his powers to ensure that the statutory and regulatory provisions laid down for the benefit scheme are met.

2. They are the functions of the Director of the Office:

(a) Propose the Minister of Justice for his elevation to the Government, the determination of the specific sectors in which the benefit will be performed.

b) Subscribe to the various public and private entities the corresponding concerts.

(c) Impose the offenders with the legal and regulatory penalties provided for, assessing the intent of the objector, the concurrent circumstances in their conduct and the damage caused to the service and the citizens, without injury to your delegation for minor violations in the Heads of Unit.

d) Resolve the non-consideration as an activity period of the time during which the objector has absolutely ceased to comply with the activity that he has indicated,

e) Determine the change of object attachment for the following causes:

Sanction, as provided for in Article 53 of this Regulation.

Not be eligible for the type of activity assigned and not exist in the program or center of attachment another position more in line with its capacity.

Resolution of the concert with the Entity that the program or center depends on.

If this is the best interest of the benefit regime and the services to be performed.

f) Grant to the objectors for the duration of the period of special permits. These permits will last for a maximum of five days and can be enjoyed for up to eighteen days during the entire period.

The permits shall be granted at the request of the data subject for duly justified reasons or on the proposal of those responsible for the programmes or centres of destination.

g) Any other that is entrusted to you by the Minister of Justice or is legally or legally attributed to you.

TITLE V

Disciplinary regime

Art. 47. Duties of conscientious objectors.

The objectors during the activity are subject to the duty of respect and obedience to the authorities of the service as well as to the resposables of the services and centers where it is carried out.

CHAPTER FIRST

Minor Violations

Art. 48. Typing.

These are minor violations:

(a) Not to report to the acts of classification or review, or not to provide the required documentation to the effect, within the time limit that has been indicated, without justified cause.

b) The unjustified delay in the incorporation of the social contributor to the benefit center.

(c) The unjustified absence of the benefit centre, without prior authorisation, for a period equal to or less than 24 hours.

(d) Not to immediately communicate to the person responsible for the program or center where the circumstances are attached to prevent the development of the tasks entrusted to them.

(e) Failure to comply with or fail to comply with the instructions and obligations relating to the activities of the benefit, as well as those arising from the rules of the internal system of the supply centre.

f) Bypass the imparted instructions or the obligations imposed by pretexing imsourced excuses.

g) Address in an disrespectful manner to the program or delivery center authorities.

(h) The bad treatment, negligence and neglect in the preservation and use of the dressing room, equipment, material or effects of the service centre, entrusted or delivered to the social partner, provided that it does not cause serious harm.

i) Maltreatment of the word or work to any person in or related to the service, provided that he is not the authority of the service and the fact is not a crime or a fault.

j) Girls or altercations between peers.

k) Prevalse to obtain unjustified benefits from the position held in the program or delivery center.

l) Any other that, without affecting the effectiveness of the service in a serious way, implies inexcusable carelessness in the developed activity.

Art. 49. Penalties.

The following penalties will correspond to minor infractions:

a) Assembly, which is the express reprobation that in writing is directed to the sanctioned.

b) Loss of remuneration up to a maximum of one month.

c) Suspension of permissions or licenses, which assumes the removal of exits for up to eight days, or discretionary permissions for the maximum of one month.

Art. 50. Procedure.

The procedure in minor infractions will be preferably oral. It shall verify the accuracy of the facts which are attributed to the objector and shall verify that the facts are classified as a minor infringement. In any case the alleged infringer shall be heard.

Art. 51. Resolution.

The penalty will be graduated and enforced based on the concurrent circumstances in the event and the offender.

The decision taken shall be notified in writing to the infringer shall contain a brief account or of the facts, the statements of the person concerned, the qualification of the infringement the paragraph of Article 48 in which the the penalty imposed, the circumstances of its compliance and the remedies against it, as well as time limits for its submission.

CHAPTER II

Serious Violations

Art. 52. Typing.

Serious infringements, as stated in Article 17 of Law 48/1984, are:

(a) Manifest individual or collective insubordination to those who run the services in which the objectors or to the competent authorities, officials or bodies are engaged.

b) Abandonment for longer than twenty-four hours and less than seventy-two of the activity in which the benefit consists.

(c) Failure to comply with the system of dedication of the replacement social benefit, where it is motivated by the development of remunerated activities.

(d) The voluntary destruction, removal or disposal of materials, equipment or garments that are entrusted to the objector.

e) Serious negligence in the preservation or maintenance of equipment and clothing equipment.

f) The accumulation of three minor penalties within two consecutive months or five months throughout the entire period of activity.

g) Desting or consuming toxic drugs, narcotic drugs, or psychotropic substances during the service.

h) The penalty break.

Art. 53. Penalties.

1. The following penalties shall be imposed on serious infringements:

a) Adscription to a different service, which implies the cessation of the destination occupied by the infringer, or the cancellation of the changes in the membership agreed upon at the request of the objector.

b) Recargo up to a maximum of three months longer than the duration corresponding to the activity situation.

2. The penalty for a surcharge may be reduced or exonerated by reason of the good conduct observed by the sanctioned objector.

Art. 54. Procedure.

1. The procedure for punishing serious infringements will be followed in writing. The Director of the Office shall have the power to order the opening of the Office, which shall designate to clarify the facts to any person dependent on the Office with the appropriate training for the role of Instuctor, and may be entitled to an effect on a the person of the entity of destination of the person concerned, in accordance with Article 40 (6). He may also appoint a Registrar. The designations shall be notified to the person subject to the procedure.

2. The file shall contain the notification of the designations expressed, the tests carried out by the Instructor for the clarification of the facts and the determination of the persons responsible and, in any case, the communications resulting from the paragraphs 4 and 6.

3. In the light of the action, the Instructor shall, if necessary, make the corresponding statement of objections, in which the facts imputed, the qualification of the same persons in accordance with Law 48/1984 and the responsibility in which it is The subject to the procedure may be incurred.

4. The contract documents shall be notified to the person concerned, giving him an eight-day time limit so that he can reply and propose the evidence which he considers appropriate to his defence.

5. If the claims are made or the time limit has elapsed, and once the evidence is deemed relevant, the Instructor shall submit the file to the Director of the Office, with the proposal which he considers appropriate, either for dismissal or for imposition of penalty.

6. The motion for a resolution shall be notified to the subject-to-procedure, who may, in writing addressed to the Director of the Office, make the arguments which he considers to be appropriate within eight days.

7. The person concerned may be assisted at all times by a lawyer.

Art. 55. Resolution.

1. The decision imposing a penalty for serious infringement shall be communicated in writing to the offender and shall contain the concise account of the facts, the qualification of the offence and the paragraph of Article 17 of Law 48/1984 in which it is included, the penalty imposed, the circumstances of its compliance and the remedies against it, as well as the time limits for its submission.

2. The decision shall be based only on the facts notified by the Instructor to the person concerned.

CHAPTER III

Resources

Art. 56. Resources.

Against the administrative acts sanctioning the Office, the persons concerned may bring an appeal before the Minister of Justice, whose resolution shall end the administrative route.

CHAPTER IV

Prescriptions and Cancellations

Art. 57. Prescription.

Minor infractions prescribe at two months and the severe ones at six, counted these deadlines from the day of your commission.

In serious infringements, this limitation will be interrupted after the sanctioning procedure is directed against the alleged person responsible, returning to run the time, if not concluded, after the three months, maximum for the instruction of the sanctioning procedure.

Art. 58. Cancellation.

The sanctions will be cancelled from the objector's personal file within three months of its notification in the event of minor sanctions, and the year, in the event of serious sanctions, and, in any case, once the objectors have past the reservation situation.

ADDITIONAL DISPOSITION

Those who, by reason of their positions, professions or trades in relation to the social benefit, have notice of any of the offences listed in Article 2 of the Organic Law 8/1984, on the criminal regime in case of objection of conscience, will be obliged to immediately report it to the Fiscal Ministry, the competent Court, the Judge of Instruction, and, failing that, to the District, as established by Article 262 of the Law of Criminal Procedure, and without to the detriment, if any, of his immediate communication to the Office for the Social Security of the Conscientious objectors.

FINAL PROVISIONS

First.

For the purposes of this Regulation, the provisions of the Law on Administrative Procedure will be in place.

Second.

In order to comply with this Regulation, the Ministry of Defense and the Ministry of Justice shall cooperate with each other, by means of communications and certifications that are accurate.