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Order Hap/1741/2015, Of 31 July, By Fixing The Compensation System For Diets, Displacement And Other Similar Costs, To The Most Responsible And Managers Of The State Public Sector With Commercial Contracts...

Original Language Title: Orden HAP/1741/2015, de 31 de julio, por la que se fija el sistema de compensación por gastos en concepto de dietas, desplazamientos y demás análogos, para los máximos responsables y directivos del sector público estatal con contratos mercantiles...

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the Royal Decree-Law 3/2012 of 10 February, of urgent measures of labour market reform, subsequently dealt with and published as Law 3/2012 of 6 July, set out in its additional provision eighth a series of In the case of the State aid scheme, the Commission has not yet taken into account the fact that the aid granted by the State aid to the State in question is a matter for the Commission. affected in classification groups for various purposes.

The sixth paragraph of the precise additional provision eighth of the Royal Decree-Law 3/2012, stated that: " The Minister of Finance and Public Administrations shall fix the system of compensation for expenses in respect of diets, displacements and other analogues resulting from the performance of the functions of the maximum responsible, managerial or personnel with commercial or senior management contracts. '

For its part, Royal Decree 451/2012 of 5 March regulated the remuneration of the maximum responsible and managers in the business sector and other entities.

In the development of the required rule, the Order of 30 March 2012, of the Minister of Finance and Public Administrations, carried out the approval of the models of commercial and high management contracts to which the Royal Decree 451/2012 of 5 March. Clause VII of the aforementioned contract models provides that the manager may be compensated, under the conditions to be determined by the Order of the Minister of Finance and Public Administrations, in the development of the provisions of the Disposition Eighth, paragraph six, of Law 3/2012.

Therefore, it is a question of defining a system of compensation for expenditure incurred in the form of allowances and displacements which, on the one hand, ensures the application of homogeneous criteria for similar situations and, on the other hand, adjustment of this type of expenditure to criteria of austerity and rationality in public expenditure.

From this objective, this Order includes both the compensation regime for travel expenses, accommodation, maintenance and other analogues of the maximum responsible and managers subject to commercial contracts or in the State public sector, as criteria of good management aimed at introducing norms that ensure that the management of these concepts is adjusted to the principles of austerity in the expenditure, essential in the current context of budgetary constraints.

In its virtue, and according to the State Council, I have:

Article 1. Object and scope of application.

The purpose of this Order is to establish the compensation scheme for expenses in respect of allowances, displacements and other analogues resulting from the performance of the duties of the maximum responsible and management with commercial or senior management contracts of the State public sector to which the Royal Decree 451/2012 of 5 March 2012 applies, for which the remuneration scheme of the maximum responsible and managers in the public sector is regulated business and other entities. The concepts giving rise to compensation shall be as defined for that purpose in paragraphs (a) and (b) of Article 1 of Royal Decree 462/2002 of 24 May 2002 on compensation for the service.

Article 2. Amount of expenses subject to compensation.

For the purposes of determining the maximum amounts of compensation for travel expenses, accommodation, maintenance and other similar expenses, the groups in which they are classified by the Minister of Finance and Public administrations the various entities of the State public sector in application of the provisions of Royal Decree 451/2012 of 5 March, which regulates the remuneration of the maximum responsible and managers in the public sector business and other entities, as follows:

a) Entities classified in group 1:

a.1. The maximum responsible for commercial or senior management contracts shall be compensated for the exact amount of the costs incurred as necessary for the performance of their duties, as provided for in Article 8.1 of the Royal Decree 462/2002, of 24 May, of compensation for the service. In any case, for the staff referred to in the preceding paragraph, the Entity may choose to avail itself of the compensation scheme provided for in Article 8.1 or the general scheme of compensation in the Royal Decree. 462/2002 for the staff included in Group 1 of Annex I to that Royal Decree.

a.2. The other managers will be compensated in accordance with the scheme of regulated compensation in general in Royal Decree 462/2002, for the staff included in Group 1 of Annex I to the Royal Decree.

(b) Entities classified in Groups 2 and 3: The top managers and managers with commercial or senior management contracts shall be compensated in accordance with the general rules of the compensation scheme in the Real Estate Decree 462/2002 for the staff included in Group 1 of Annex I to that Royal Decree.

Article 3. Justification of expenditure.

In order to pay the amounts referred to in the previous article, the expenditure made by the corresponding invoice or supporting invoice must be documented, according to the nature of the item, except in the case of concerning the maintenance allowance in the case where the application of the compensation scheme for Group 1 of Annex I to Royal Decree 462/2002 is applicable.

Article 4. Good management criteria.

In order to ensure that there are homogeneous conditions of application to the staff referred to in this Order and in consideration of the current general criteria of austerity, efficiency and transparency in the public sector, must take into account at least the following indications:

a) Preferential use of alternative technology media to meetings and displacements such as audio conferencing, video conferencing, etc.

b) Application of restrictive criteria regarding the number of people to move, avoiding unnecessary movement of work equipment.

c) Fixing strict temporary criteria for service initiation and completion, which prevent unjustified antelations or extensions of stay at destination.

(d) General use of the hotels to be included in the contract concluded centrally by the General Administration of the State or, where appropriate, by the Ministry of Education.

(e) General use of public transport on travel, unless the use of the particular vehicle constitutes the most economical alternative.

(f) General use of the tourist fare on both plane and train travel, with the exception of exceptional cases justified by reason of the distance from the place of destination, the duration of the posting or the assumptions analogues.

g) Planning and advance management of banknotes, enabling better pricing and/or issuance of tickets through procedures to optimise costs.

(h) Other than, other than, applied to the management of travel and subsistence expenses, to optimise and rationalise the operating costs of the entity.

Article 5. Application regime.

The application of the compensation scheme provided for in this Order may in no case increase the maximum amounts which were previously provided for in force, except for express authorisation. of the Ministry of Finance and Public Administrations.

Single additional disposition. Adaptation of internal instructions.

State-owned public sector entities to whose maximum responsibility and management are referred to in this Order shall adapt their internal rules and guidelines to the provisions of this Order within two months of the date of the the order's entry into effect.

Single transient arrangement. Transitional arrangements.

The expenses for the concepts referred to in this Order, accrued or credited to their entry into force, shall be paid according to the procedure laid down in the respective entity at the time of the accrual. such expenses.

Final disposition first. Application of this Order.

1. This Order shall enter into force on the day following that of its publication in the "Official Gazette of the State" and shall apply to commercial or senior management contracts signed as of this date.

2. Without prejudice to the foregoing provision and to the provisions of the transitional provision, the content of clause VII of the commercial or senior management contracts which have been signed in accordance with the provisions of the Order of 30 March 2012 prior to the entry into force of this Order, it shall be interpreted in accordance with the provisions of the present Order.

Final disposition second. Extra regime.

As not provided for in this Order, the provisions of Royal Decree 462/2002 of 24 May 2002 relating to the compensation of the costs referred to in this Order shall apply.

Madrid, July 31, 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.