Law 2/2012, of 29 June of the General State Budget for the year 2012, states that, throughout this year, the public sector will not proceed to the incorporation of new personnel, except for the aforementioned. limitation of a number of sectors and administrations as referred to in Article 23 of that standard, for which it is determined that a replacement rate of 10% will be applied.

Article 23 (3) indicates that it is up to the government, on a proposal from the Ministry of Finance and Public Administration, to approve the offer of public employment in the sectors indicated in the report. Article corresponding to the General Administration of the State, its public bodies and other State public entities.

Likewise, Article 70 of Law 7/2007 of 12 April of the Basic Staff Regulations, together with the provision of the Authority's determination to approve offers of public employment which, for the purposes of the The General Administration of the State is the Government as indicated in the previous paragraph, establishes that the corresponding royal decree approving the Offer of Public Employment may contain measures derived from the planning of resources human.

In this sense, it deserves special mention of the internal promotion that, cited Law 7/2007, of April 12, configures as one of the measures of planning of human resources that aims to contribute to the achievement of the (a) effectiveness in the provision of services and which should be facilitated by the administration as a way of acquiring the relevant skills and requisite for career progression from lower levels to higher. All this without knowing the current economic situation that forces us to apply, also in this area, criteria of austerity and restriction in this matter of personnel costs.

The present royal decree is therefore intended to comply with what is indicated, and to establish the principles that must govern the planning of human resources and the criteria that must guide the processes of human resources. selection of the candidates best suited to the needs of the General Administration of the State.

Likewise, the aforementioned article indicates that it is up to the Ministry of Finance and Public Administrations to authorize, only in exceptional cases and to cover urgent and non-deferred needs, calls for posts or places job vacancies for public entities in the public sector and public sector entities, but maintaining the principle of no new staff in these areas.

In its virtue, on the proposal of the Minister of Finance and Public Administrations, heard the Higher Commission of Personnel and after deliberation of the Council of Ministers at its meeting of the day 21 December 2012,

DISPONGO:

Article 1. Approval of the offer of public employment and human resource planning.

1. In compliance with the provisions of Article 70 of Law 7/2007, of 12 April, of the Basic Staff Regulations and in Article 23 of Law 2/2012, of 29 June, of the General Budget of the State for the year 2012, the offer is approved. of public employment for 2012 in the terms set out in this royal decree.

2. In accordance with Article 70.3 of Law 7/2007 of 12 April, the planning of human resources in the General Administration of the State will be linked to the fulfilment of the following objectives of the employment policy: attention to sectors affecting the functioning of essential public services, the proper sizing of the volume of staff, the austerity and efficiency of human resources policies and the effectiveness of distribution territorial.

Article 2. Quantification of the public employment offer.

1. The 2012 public employment offer includes the needs of human resources with budgetary allocation to be provided through the incorporation of new income staff. As set out in the Basic Staff Regulations, the offer of public employment, as an instrument for the planning of available human resources, defines and quantifies the personnel according to the needs and priorities derived from the General planning of human resources. Such distribution shall be carried out in accordance with the provisions of the articles and the annexes to this royal decree.

In Annex I the places that are authorized in the General Administration of the State for the entry of new personnel with specification of the bodies and scales of official personnel or Collective Convention in the case of personnel are included employment, distributing the number of places and quotas for each of the groups mentioned.

In Annex II, the statutory staff positions for the Hospital Network of Defense are included.

Finally, Annex III includes the places that are authorized by internal promotion, detailing their distribution among the bodies of State Administration officials that are mentioned.

2. According to the previous paragraph, the criterion of selective replacement of casualties will be applied, which means that the new revenues will be directed to the sectors, functions and territories that are most in need of personnel. Preference will therefore be given to the replacement of sectors and the activities and essential functions of the organisation. It will also seek to improve the functional and territorial distribution of the workforce, encouraging the incorporation of new personnel into the territories with greater needs, especially reinforcing the presence of the General Administration. of the State in the territory and rationalizing the common services and horizontal units of the Departments, with the objective of achieving their adequate redimensioning.

Article 3. Provision of jobs and mobility.

1. The needs of staff in the different units of each department, autonomous body, agency or managing body and common service of social security shall be provided preferably by the change of posts between them, the redistribution of personnel, the temporary allocation of functions and similar figures for the workforce.

To this end, the Sub-secretariats and the other competent Directive Centres will promote the use of the Special Jobs Relationship provided for in the third paragraph of the Council of Ministers Agreement of 2 July 2010, by which certain measures of austerity and efficiency in the field of public employment are approved.

2. Mobility, rerevenue to the active service and internal promotion processes of public employees will be directed to the coverage of vacant posts occupied by temporary staff or, failing that, posts whose coverage is essential for the proper functioning of the organisation and the provision of public services in the framework of the general planning of human resources to be determined by the Secretariat of State of Public Administrations as well as by the Secretariat of the State of Budgets and Expenditure, in the field of their respective powers.

3. Merit contests authorized by the Secretariat of State of Public Administrations shall be directed towards the achievement of the objectives set out in the previous paragraph. Its bases will be aimed at facilitating mobility, among the different areas of the State Administration, of officials who already have positions of the same level of responsibility of the convoked.

The non-incorporation of new personnel may also be envisaged through competitions in the Departments or Agencies that do not have the consideration of priority.

Article 4. General criteria for application in selective processes and on the advertising and management of these processes.

1. The selective processes of career civil servants, derived from the present offer of public employment, will apply to them the Order APU/3416/2007, of 14 November, establishing the common bases that will govern the processes selective for admission or access to bodies or scales of the General Administration of the State, as amended by Order PRE/2061/2009, of 23 June.

2. The calls shall be made favourably by the Directorate-General for the Civil Service.

When the Authority calls upon the Directorate-General of the Civil Service to send the respective calls for the purpose of issuing the report referred to in the previous paragraph, they shall contain a reference to the numerical composition, distributed by sex, of the bodies and scales or groups of titling object of the corresponding convocation.

3. The Departments will use the available IT and telematics means to speed up calls and take concrete measures in order to reduce administrative burdens.

They will also ensure that information is made in appropriate formats, following the rules set out by the design principle for all, so that people with disabilities are accessible and understandable.

4. Calls for work staff shall be governed by their specific rules.

5. In those selective processes where there is physical evidence, they shall establish different scales for women and men, where the nature of the evidence so requires or there is a legitimate and proportionate justification of the different treatment. All this, within the framework of Article 5 of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

If any of the applicants could not complete the selective process because of the risk of pregnancy or due to due birth, their situation will be conditioned to the completion of the process and to the overcoming of the phases that have been deferred, and cannot be delayed in such a way as to undermine the right of the other candidates to a resolution of the process adjusted to reasonable times, which must be appraised by the Court, and in any case the realization will take place before the publication of the list of applicants who have passed the process selective.

6. As a general rule, in the selective processes resulting from the present offer of public employment, the basis for the call may be to preserve the note of the financial years, provided that the note exceeds 60% of the maximum rating. The validity of this measure shall apply to the following immediate call, provided that it is analogous to the content and form of qualification.

7. In the case of selective processes where there is a stage of competition, consideration shall be given, inter alia, to the assessment of the experience of the candidates who, acting on an interim or temporary basis, have performed duties. analogous.

8. They shall be made public within a maximum of 48 hours, from the completion of the specific test, to the corrective templates of those selective processes that include testing with alternative responses.

9. The thematic of selective evidence derived from this offer will include, in the areas of public policy, particular reference to social policies, including policies of equality and against gender-based violence, as well as those aimed at caring for disabled and/or dependent persons.

10. The composition of the Organ of Selection shall be in accordance with the provisions of Article 60 of Law 7/2007, and parity between women and men shall be guaranteed. This measure shall be taken into account when appointing the members who shall hold the presidencies and secretariats of those members.

Participation in the Courts and Organ of the selection of persons with disabilities will be promoted in those processes in which there is reserve shift for this collective.

They may not be part of Organ of Selection, for admission to bodies or scales of officials or categories of labor personnel, who have the consideration of High Cargo in accordance with the provisions of Law 5/2006, of 10 April, to regulate the conflicts of interest of the members of the Government and the High Charges of the General Administration of the State.

The selection bodies will apply principles of austerity and agility in their actions in order to order the development of the selective processes, without prejudice to the compliance with the principles of conformity with the established in the Basic Staff Regulations.

11. The calls for the selective processes of official personnel, together with their bases, will be published in the "Official State Gazette".

Of the calls for work staff of the General Administration of the State will be published in the "Official Gazette of the State" a review that will contain, at least, the number of places by categories and the place or places in which they appear The full basis of the calls is given.

In both cases, in addition, the websites of the Departments and Organisms as well as the website www.060.es will be used for this purpose. The possibilities offered by technological developments in the field of selective processes will be exploited, enhancing the electronic submission of applications and providing information via the Internet.

For these purposes, the various ministries and bodies that offer places will include, on their website, a dedicated process management, in which they will collect each of the calls and the actions that will result from the (i) incorporating, where possible, the relationships of applicants admitted and excluded, as well as the relations of approved in each of the exercises in accordance with the rules in force in the field of data protection.

12. The submission of instances and, where appropriate, the payment of the corresponding fee, shall be carried out in a telematic manner in those ministerial departments and public bodies which have such possibility in their electronic records.

Ministerial departments and public bodies which do not have an electronic register for the processing of candidates ' registration in the selective tests may set up conventions on the management with the Ministry of Finance and Public Administrations to make it easier for it to be carried out through the 060.es portal.

13. Calls for selective processes, resulting from this offer, may provide that applicants who pass such tests may request a destination using exclusively electronic means when the conditions are met. In view of the provisions of Article 27 (6) of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services.

14. The calls for the selective processes and their bases, as well as all the information that affects the calls and the development of all the selective processes, whatever the character of the binding relationship with the Administration, will be sent to the mailbox empleopublico@correo.gob.es by the convening body, in order to allow the widest possible follow up through the channels of attention to the citizen, as well as the publication, in the portal 060.es, of the information relating to calls, their bases and other information related to the selective processes, Exception of internal promotion that will be published in the Portal Works.

The Ministry of Finance and Public Administrations will facilitate, be it the Court or the Selection Body, who subscribes to the 060 to receive the alerts through the channels enabled in order to analyze the adequacy of the information provided.

The treatment of information by telematic means will take into account the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

15. The basis for the call will take into account the need for a minorising of administrative burdens for the citizen, facilitating and simplifying the relations between the convening administration and the applicants.

16. The departments may implement measures of an economic nature to facilitate preparation such as aid or grants, as well as other types of measures which will be arbitrated in accordance with the available budgetary resources and existing measures. containment of public expenditure. They shall also respect the constitutional principles of access to the Civil Service and support for internal promotion.

17. In accordance with the provisions of Royal Decree 522/2006 of 28 April 2006, the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its Bodies is deleted. Related or dependent public, no photocopy of the identity card or equivalent card will be required in the submission of applications to participate in selective processes.

18. In order to reduce the time limits for the incorporation of the temporary official staff, the actions already carried out in ordinary selective processes will be used, in general, in accordance with the Resolution of the Secretariat of State for the Public Administration of 24 February 2009 establishing the procedure for the approval and management of lists of candidates for the bodies of the General Administration of the State, whose selection is entrusted to the Standing Committee of the Selection. For the rest of the bodies and scales will be necessary authorization from the General Directorate of the Civil Service.

Article 5. Access and promotion for people with disabilities.

1. According to the provisions of Article 59 of Law 7/2007 of 12 April, 7% of the places offered to be covered by persons with disabilities shall be reserved, considering as such those defined in Article 1 (2) of the Treaty. Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility for persons with disabilities, provided that they overcome the selective processes and demonstrate their disability and compatibility with the performance of the the functions, so that, progressively, 2 percent of the total troops in the General Administration of the State.

2. The 7 percent reserve indicated in the previous section will be made in such a way that 2 percent of the places offered are to be covered by people who credit intellectual disabilities and 5 percent of the places offered. is for people who credit any other type of disability.

3. The content of this article will be applicable to the provisions of Royal Decree 2271/2004 of 3 December 2004 governing access to public employment and the provision of jobs for persons with disabilities.

4. In the case of selective testing, including training courses or traineeships, the necessary adjustments and reasonable adjustments of time and means shall be established for persons with disabilities as defined above. for its implementation, in accordance with the provisions of Order PRE/1822/2006 of 9 June 2006 laying down general criteria for the adaptation of additional times in the selective processes for the access to public employment of persons with disability.

5. Places reserved for persons with disabilities may be convened in conjunction with ordinary places or by means of an independent call for free processes, ensuring, in any case, the individual character of the processes.

Places reserved for persons with intellectual disabilities shall be convened on a separate shift, except for internal promotion, which shall be jointly convened with the rest of the same.

6. In the event that one of the disabled applicants who had been presented by the reserve quota exceeded the exercises and did not obtain a place in the quota, the score higher than that obtained by other applicants in the system general access, this will be included by your order of punctuation in the general access system.

7. The annexes to this royal decree include the reservation of places in bodies, scales or categories whose activities or functions are compatible, to a greater extent, with the possible existence of a disability. The number of reserved places will be included in the corresponding specific bases of the calls.

8. Places reserved for persons with disabilities that remain deserted in the free access process cannot be accumulated at the general shift.

9. In internal promotion processes, places reserved for persons with disabilities that remain deserted will accumulate to those of the general shift of these internal promotion processes.

Article 6. Internal promotion.

1. In the framework of the regulatory legislation of the internal promotion processes the places for the different groups and subgroups of professional classification of the career civil staff are convened, with the distribution by bodies and scales that These selective internal promotion processes may be convened in conjunction with the ordinary calls for new revenue, or by means of an independent call.

2. Internal promotion shall be carried out by means of selective processes that ensure compliance with the constitutional principles of equality, merit and capacity as well as those referred to in Article 55.2 of Law 7/2007 of 12 April.

In accordance with the second transitional provision of the said law, the labour staff fixed that at the entry into force of the law it is carrying out official staff duties, or will be able to perform them by virtue of tests selection or promotion convened prior to that date, may continue to perform them. In addition, it may participate in the selective internal promotion processes called by the system of competition, in those bodies and scales to which the functions or posts it carries out, together with the staff, are attached to it. official.

Both the staff and the official must be in possession of the required qualification, have an age of at least two years of active service in the professional group or sub-group from which it is promoted, other requirements to be required and to exceed the relevant selective tests.

It will be the specific bases of each call that will determine the collectives that will be able to participate in each process and the characteristics and conditions of each call.

The fixed workforce involved in these processes will be assessed as merit in the competition phase of the effective services provided as fixed labour staff, as well as the selective tests exceeded to access that condition.

Specific training will also be facilitated taking into account the available budgetary resources and the existing measures to contain public expenditure.

Article 7. Fixed employment contracts in public entities and public entities

In order to allow for the proper optimization of the human resources existing in the public sector, public entities and public entities will be able to contract, after authorization from the Ministry of Finance and Public administrations and through the Secretariats of the State of Budgets and Expenses and of Public Administrations, a fixed official or permanent employment with a destination in Departments or Public Bodies included in the field of the offer of public employment as defined in Article 23 Three, first paragraph of Law 2/2012, of 29 June. The Ministry of Public Administration, through the Ministry of Public Administration, will determine the procedure by which the publicity and free competition will be guaranteed.

The notice of the procedures referred to in the preceding paragraph shall be published, at least, in a national newspaper and shall include at least the number of places and the category covered by the call; as the place or places in which the full bases are exposed and will be sent equally through the mailbox empleopublico@correo.gob.es.

Article 8. Statutory staff for the Defense Hospital Network.

In Annex II, the seats of statutory personnel authorized to the Ministry of Defense are included to provide their services in the centers of the Hospital Network of the aforementioned ministerial department.

Article 9. Management Commits

1. In the event that there were no lists of candidates from the ordinary selective processes, within the meaning of Article 15 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the General and the Common Administrative Procedure, for reasons of effectiveness and prior to the favourable report of the Directorate-General of the Civil Service, the material management of the selective testing of personnel acting as an interim official may be entrusted to the Ministries or Bodies of which the posts to be covered by official staff are dependent interim.

2. Competition for the call and resolution of selective tests for permanent staff, for internal promotion and free access procedures in the field of the III Single Convention for the staff of the General Administration of the State, corresponds to the Directorate-General of the Civil Service, which may entrust the management to the various ministerial departments, as provided for in Article 30.1 of the said Convention.

3. The material management entrusted to the two preceding paragraphs shall be carried out in the following activities: receipt of requests for participation in the selective tests; proposal of the resolutions declaring the approval of the lists of admitted and excluded persons and the place and date of commencement of the first financial year, as well as the list of candidates excluded, indicating the causes of exclusion; proposal of the members to form the courts Test qualifiers; management of the operational necessary for the material development of the exercises; receipt of the documents proving the conditions of capacity and conditions required in the calls referred to in Article 23 of the General Staff Regulations to the Service of the Administration General of the State and Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995, of March 10, and any other procedures related to the activities of the selective process, the management of which is entrusted, provided that it does not alter the ownership of the competition and the substantive elements of its exercise.

4. The expenditure incurred by the management of these items shall be borne by the budgetary section of the Ministry or Agency entrusted with the management.

5. The period of validity of the management requirements shall be set out in the instrument of formalisation of the management system.

6. The management mandate does not entail the transfer of ownership of the powers or the substantive elements of their exercise. It is the responsibility of the competent body, or in whom it has delegated, to issue acts or resolutions of a legal nature which support or integrate the particular material activity covered by the present management mandate.

Single additional disposition. Job Offer from Local Corporations

Local corporations that approve their offer of public employment must submit the approval agreements of the same to the General Administration of the State for the purposes of the provisions of Article 56.1 of Law 7/1985, of 2 April, regulatory of the Bases of the Local Regime, respecting the criteria mentioned in article 23 of Law 2/2012, of June 29, in accordance with the provisions of paragraph six of the same.

Single end disposition. Entry into force

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on December 21, 2012.

JOHN CARLOS R.

The Minister of Finance and Public Administrations.

CRISTOBAL MONTORO ROMERO

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