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Royal Decree 1862 / 1980, Of 5 September, Which Establishes The Regime Of The Personnel Of Special Bodies Of The Ministry Of Public Works And Urban Development That Provides Services In The Transport And Communications.

Original Language Title: Real Decreto 1862/1980, de 5 de septiembre, por el que se establece el régimen del personal de Cuerpos Especiales del Ministerio de Obras Públicas y Urbanismo que presta servicios en el de Transportes y Comunicaciones.

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TEXT

THE REAL DECREE ONE THOUSAND FIVE HUNDRED AND FIFTY-ONE THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, OF FOUR JULY, FOR WHICH CERTAIN ORGANS OF THE STATE ADMINISTRATION WERE RESTRUCTURED, TRANSFERRED TO THE MINISTRY OF TRANSPORT AND COMMUNICATIONS, BY THE CREATED, SOME UNITS UNTIL THEN INTEGRATED INTO THE EXTINGUISHED MINISTRY OF PUBLIC WORKS, BASICALLY THE GENERAL DIRECTION OF LAND TRANSPORTS, BOTH AT THE LEVEL OF CENTRAL SERVICES AND PERIPHERALS.

THIS TRANSFER TOOK THAT OF THE STAFF ASSIGNED TO SUCH UNITS, BOTH OF WHICH WERE FUNCTIONARIAL AND OF EMPLOYMENT AND CONTRACTED, WITHIN THE PAUSE GRANTED BY THE PREAMBLE OF THE STATED RULE THAT THE RESTRUCTURING WOULD NOT AFFECT NEITHER THE RIGHTS NOR THE SUBJECTIVE SITUATIONS OF CIVIL SERVANTS.

REGULARIZED THE SITUATION OF OFFICIALS BELONGING TO THE GENERAL BODIES, THROUGH THE MEASURES ADOPTED AT THE TIME BY THE PRESIDENCY OF THE GOVERNMENT, IT IS NECESSARY TO COMPLETE THE PROCESS OF PLANNING THE REMAINING STAFF AFFECTED BY THE INDICATED TRANSFER IN ACCORDANCE WITH THE CIRCUMSTANCES IN WHICH THE APPROPRIATE FORMULA IS MET AND ARBITRATED SO THAT THE SAID MINISTRY OF TRANSPORT AND COMMUNICATIONS MAY HAVE PART OF THE STAFF OF THE SPECIAL BODIES OF THE EXTINGUISHED MINISTRY OF PUBLIC WORKS-AT PRESENT MINISTRY OF PUBLIC WORKS AND TOWN PLANNING-WHICH CORRESPOND TO THE TRANSFERRED MATERIALS, IN ORDER TO HAVE THE PRECISE PERSONAL MEANS FOR THE DEVELOPMENT OF THEIR MISSION.

IN ITS VIRTUE, PRIOR TO THE REPORT OF THE HIGHER COMMISSION OF STAFF, ON THE PROPOSAL OF THE MINISTRIES OF PUBLIC WORKS AND URBAN PLANNING AND TRANSPORT AND COMMUNICATIONS AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING OF DAY FIVE SEPTEMBER OF A THOUSAND NINE HUNDRED AND EIGHTY, I HAVE:

ARTICLE FIRST.-THE BODIES OF ENGINEERS OF ROADS, CANALS AND PORTS, OF INDUSTRIAL ENGINEERS OF PUBLIC WORKS, OF TECHNICAL ENGINEERS OF PUBLIC WORKS AND OF DESIGN OF PUBLIC WORKS AND URBANISM WILL CONTINUE TO DEPEND ORGANICALLY OF THE MINISTRY OF PUBLIC WORKS AND URBANISM AND WILL SERVE IN THIS DEPARTMENT AND IN THE TRANSPORT AND COMMUNICATIONS.

THE NUMBER OF ALLOCATIONS TO THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE TEMPLATES OF THESE BODIES SHALL BE DETERMINED BY THE REGULATORY PROCEDURE.

WITHIN THESE ENDOWMENTS SHALL BE UNDERSTOOD TO INCLUDE THE OFFICIALS APPOINTED FOR POSTS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF DESIGNATION BY DECREE.

ARTICLE SECOND.-THE OFFICIALS OF THE BODIES MENTIONED IN THE PREVIOUS ARTICLE THAT OCCUPY POSITIONS IN THE MINISTRY OF TRANSPORT AND COMMUNICATIONS WILL REMAIN IN THE ADMINISTRATIVE SITUATION OF ACTIVE SERVICE.

ARTICLE THIRD.-VACANCIES IN THE ENVELOPES ASSIGNED TO THE MINISTRY OF TRANSPORT AND COMMUNICATIONS SHALL BE COVERED BY THE OFFICE OF PUBLIC WORKS AND TOWN PLANNING, ON A PROPOSAL FROM THAT OFFICE, IN ACCORDANCE WITH THE RULES APPLICABLE TO EACH BODY AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 OF THIS ROYAL DECREE.

ARTICLE FOURTH. -ONE. IT SHALL BE FOR THE MINISTRY OF TRANSPORT AND COMMUNICATIONS TO EXERCISE THE FOLLOWING POWERS IN RESPECT OF THE STAFF OF THE BODIES REFERRED TO IN THE FIRST ARTICLE TO BE ASSIGNED TO IT BY THE MINISTRY OF PUBLIC WORKS AND TOWN PLANNING AS A RESULT OF THE PROVISION OF THEIR ENDOWMENTS:

A) THE MEMBERSHIP OR DESTINATION FOR SPECIFIC JOBS.

B) THE GRANTING OF VACATIONS PERMITS AND LICENSES PROVIDED FOR BY THE REGULATIONS THAT APPLY TO IT, AS WELL AS THE AUTHORIZATIONS REGARDING THE DUTY OF RESIDENCE AND THE MATTER OF INCOMPATIBILITIES.

C) THE CONCESSION OR PROPOSAL, IF ANY, OF RECOMMENDATIONS, AND THE ACTIONS OF SOCIAL ASSISTANCE CARRIED OUT BY THE MINISTRY WITH ITS PERSONNEL.

D) THE RELATED DISCIPLINARY ARRANGEMENTS, EXCEPT THAT OF PROPOSING TO THE COUNCIL OF MINISTERS, PRIOR TO THE REPORT OF THE HIGHER COMMISSION OF STAFF, THE SANCTION OF SEPARATION OF THE SERVICE.

E) THE GRANTING OF SERVICE COMMISSIONS ENTITLED TO COMPENSATION WITHIN THE NATIONAL TERRITORY.

IN ANY CASE, FOR THE PURPOSES OF CONSTANCY IN THE PERSONAL FILES OF THE PERSONS CONCERNED, THE MINISTRY OF TRANSPORT AND COMMUNICATIONS SHALL GIVE AN ACCOUNT OF THE PUBLIC WORKS AND URBAN PLANNING OF THE RESOLUTIONS IT ADOPTS ON ALL MATTERS. SET OUT IN THIS PARAGRAPH.

TWO. THE OTHER POWERS RELATING TO THE SAID STAFF SHALL BE EXERCISED BY THE MINISTRY OF PUBLIC WORKS AND TOWN PLANNING.

ARTICLE QUINTO.-ONE. THE OFFICIALS OF THE BODIES REFERRED TO IN THIS ROYAL DECREE WITH A DESTINATION IN THE MINISTRY OF PUBLIC WORKS AND URBAN PLANNING AND IN THE TRANSPORT AND COMMUNICATIONS DEPARTMENT MAY PARTICIPATE IN THE COMPETITIONS THAT ANY OF THOSE DEPARTMENTS CONVOQUE FOR THE PROVISION OF JOBS OF THE ORGANIC STRUCTURE THEREOF.

TWO. EACH OF THE MINISTRIES SHALL BE COMPETENT TO CARRY OUT THE CALL FOR TENDERS FOR THE PROVISION OF EXISTING VACANCIES IN THEIR RESPECTIVE ENVELOPES.

THE MINISTRY OF PUBLIC WORKS AND URBAN PLANNING SHALL ALLOCATE TO THE TRANSPORT AND COMMUNICATIONS TO THE OFFICIALS WHO HAVE OBTAINED THE POSTS, TO WHOSE EFFECT THE LATTER WILL COMMUNICATE THE CALL FOR AND RESOLUTION OF THE CONTESTS.

THREE. BY WAY OF DEROGATION FROM THE ABOVE PARAGRAPHS, THE JOINT CALL FOR TENDERS MAY BE AGREED BETWEEN THE TWO DEPARTMENTS.

FOUR. IN THE CASE OF VACANCIES TO BE COVERED BY THE SYSTEM OF FREE DESIGNATION AND FOR THE PURPOSE OF WHICH IT IS PROPOSED TO OFFICIALS NOT INTENDED FOR USE IN THE PRO-RAPPORTEUR MINISTRY, THE LATTER SHALL REQUEST A REPORT FROM THE DEPARTMENT IN WHICH IT IS ESTABLISHED. FIND DESTINED.

ARTICLE SIXTH. -ONE. IN THE SELECTIVE TESTS WHICH THE MINISTRY OF PUBLIC WORKS AND URBANISM CALLS TO FILL VACANCIES IN ANY OF THE BODIES MENTIONED IN THE ARTICLE FIRST WILL BE PART OF THE CORRESPONDING COURT A REPRESENTATIVE OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS PROPOSED BY THE DEPUTY SECRETARY.

TWO. THE OFFICIALS OF NEW INCOME WILL BE ABLE TO OPT FOR THEIR FIRST DESTINATION TO VACANCIES OF EITHER OF THE TWO MINISTRIES, TO WHOSE EFFECT THE MINISTRY OF PUBLIC WORKS AND URBANISM WILL OFFER JOINTLY THE EXISTENCES IN BOTH.

ARTICLE SEVENTH. -OFFICIALS OF THE BODIES AFFECTED BY THIS ROYAL DECREE WHO PROVIDE THEIR SERVICES IN THE MINISTRY OF TRANSPORT AND COMMUNICATIONS SHALL RECEIVE THE BASIC REMUNERATION AND THE INCENTIVE OF THE BODY TO THE APPROPRIATIONS OF THE GENERAL BUDGETS OF THE STATE ALLOCATED FOR THIS PURPOSE TO THE MINISTRY OF PUBLIC WORKS AND URBANISM, AND THE OTHER REMUNERATION CONCEPTS AND, WHERE APPROPRIATE, INDEMNITIES FROM THE CORRESPONDING APPLICATIONS OF THAT DEPARTMENT.

ARTICLE EIGHTH. THE JOBS OF BOTH DEPARTMENTS WHICH, BY REASON OF THEIR CONTENT, ARE TO BE PERFORMED BY OFFICIALS OF THE AFOREMENTIONED BODIES, MUST BE INCLUDED IN THE RESPECTIVE TEMPLATES ORGANICAS.

TRANSIENT DISPOSITION

THE OFFICIALS OF THE TECHNICAL-ADMINISTRATIVE SCALE TO EXTINGUISH FROM THE MINISTRY OF PUBLIC WORKS AND URBANISM AND THE BODY OF ROAD WORKERS OF THE STATE THAT TO THE PUBLICATION OF THE PRESENT ROYAL DECREE THEY ARE PROVIDING SERVICES IN THE MINISTRY OF TRANSPORT AND COMMUNICATIONS, WILL CONTINUE TO BE ATTACHED TO IT, ALTHOUGH, AS THEY ARE CEASING IN THEIR CURRENT DESTINATIONS WILL REDUCE THE ENVELOPES OF THESE BODIES TO THE SERVICE OF THE MINISTRY OF TRANSPORTS AND COMMUNICATIONS UNTIL THEIR TOTAL DISAPPEARANCE. THIS STAFF SHALL BE DEEMED, FOR ALL PURPOSES, TO BE IN COMMISSION OF SERVICE.

FINAL DISPOSITION

THIS ROYAL DECREE WILL ENTER INTO FORCE THE DAY AFTER ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN"

GIVEN IN PALMA DE MALLORCA TO FIVE SEPTEMBER OF A THOUSAND NINE HUNDRED AND EIGHTY. -JUAN CARLOS R.-THE MINISTER OF THE PRESIDENCY, RAFAEL ARIAS-SALGADO AND MONTALVO.