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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9348

Royal Decree-Law 3/2012, on 10 February, concerning urgent measures for market reform labour, subsequently transacted and published as law 3/2012, on 6 July, established at its disposal additional octave a series of specialties in commercial contracts and top management of the State public sector, affecting mainly its compensation regime for extinction and its salary structure , anticipating the need of cataloguing the entities affected in groups of classification to various effects.

The sixth paragraph of the aforementioned additional provision eighth of Royal Decree - Law 3/2012, established that: «The Minister of finance and public administration shall the compensation system by cost diets, displacement and other analogues that are arising out of the performance of the functions of the most responsible, directors or staff with commercial contracts or senior management.»

By its part, the Real Decree 451 / 2012, of 5 of March, regulated the regime retribution of them maximum responsible and managers in the sector business and other entities.

In development of the aforementioned standard, the order of March 30, 2012, of the Minister of finance and public administration, carried out the adoption of models of commercial contracts and high address referred to in the Royal Decree 451/2012, March 5. VII of the concerned models of contract clause establishes that the directors can be compensated, in conditions to be determined by order of the Minister of finance and public administration, developing provisions in the additional provision eighth, paragraph 6, of the law 3/2012.

Therefore, is is of define a system of compensation of the expenses produced in concept of diets and displacement that, on the one hand, secure it application of criteria homogeneous for situations similar and, by another, setting this type of expenses to criteria of austerity and rationality in the expenditure public.

From this objective, this order includes both the regime of compensation for the costs of travel, accommodation, maintenance and other analogues of the most responsible and subject to commercial contracts managers or senior management in the State public sector, as good governance criteria aimed at introducing rules that will ensure that the management of these concepts fit earlier austerity in spending , essential in the current context of restrictions budget.

By virtue of and in accordance with the Council of State, I have: article 1. Object and scope of application.

This order is intended to establish the regime of compensation for expenses in respect of diet, displacement and other analogues derived from the performance of the functions of the most responsible and managers with commercial contracts or senior management of the public sector that will be of application the Royal Decree 451/2012, 5 March , by which is regulates the regime remuneration of the maximum responsible and managers in the sector public business and other entities. The concepts that give rise to compensation will be defined for this purpose in paragraphs a) and b) of article 1 of the Royal Decree 462/2002, of 24 may, on compensation by reason of the service.

Article 2. Amount of the expenses subject to compensation.

For the purposes of determining the maximum amounts of compensation for travel expenses, accommodation, maintenance and other analogs, cater to groups where different entities of the State public sector in implementation of provisions in the Royal Decree 451/2012, of 5 March, which regulates the remuneration regime of the most responsible and managers in the public sector business are classified by the Minister of finance and public administration (entities, subject to the following: a) classified in the Group 1 entities: a.1. The heads with commercial contracts or senior management will be recovered by the exact amount of the expenses that are necessary for the exercise of their functions, in accordance with the provisions of article 8.1 of the Royal Decree 462/2002, of 24 may, compensation on the basis of the service. In all case, for the personal to is concerns the paragraph earlier, the entity may choose by welcome is to the regime of compensation planned in the cited article 8.1 or to the regime of compensation regulated with character general in the Real Decree 462 / 2002 for the personal included in the Group 1 of the annex I of said Real Decree.

a.2. the rest of management will be unselfish in accordance with the regime of compensation regulated with character general in the Real Decree 462 / 2002, for the personal included in the Group 1 of the annex I of said Royal Decree.

(b) entities classified in groups 2 and 3: the most responsible and managers with commercial contracts or senior management shall be recovered in accordance with the regime of compensation regulated in General in the Royal Decree 462/2002 for staff included in Group 1 of annex I of the aforementioned Royal Decree.

Article 3. Justification of expenditure.

To proceed with the payment of the amounts to which the preceding article refers must be accredited documented expenditure carried out by the corresponding invoice or receipt, depending on the nature of the same, except in regards to diet for child support in the event that corresponds to the application of the system of compensation of the Group 1 of annex I of Royal Decree 462/2002.

Article 4. Criteria of good governance.

A_fin_de ensure that they exist homogenous conditions of application to the staff referred to in this order and in view of the current general criteria of austerity and efficiency and transparency in the public sector must take into account at least the following indications: to) preferential use of technological alternative to meetings and displacement as audio conferences , video conferencing, etc.

(b) application of restrictive criteria regarding the number of people displaced, avoiding unnecessary travel of work teams.

(c) fixing of strict temporal criteria for the beginning and end of the service, which will prevent antelaciones or unwarranted extensions of stay at destination.

(d) use in General of the hotels included in the contract signed centrally by the General Administration of the State or, where appropriate, by the Ministry of allegiance.

(e) use a general rule of public transport journeys, unless the use of the private car is the most economical alternative.

(f) use the rate generally tourists both in the movements of aircraft and train, except in exceptional cases justified by reason of the distance of the place of destination, duration of displacement or similar assumptions.

(g) planning and advance tickets management, allowing to obtain better prices and/or ticketing procedures that allow to optimize costs.

(h) any other which, applied to the management of the travel and subsistence expenses, allow to optimize and rationalize the costs of operation of the entity.

Article 5. Enforcement regime.

The application of the system of redress provided for in the present order may not make any increase in the maximum amounts which were planned prior to its entry into force, unless express authorization from the Ministry of finance and public administration.

Provision additional unique. Adaptation of instructions internal.

Them entities of the sector public State to whose maximum responsible and managers is refers it present order must adapt their standards and guidelines internal to it planned in the same, in the term of two months to count from the entry in force of the order.

Available to transient only. Regime transition.

Them expenses by them concepts to is concerns the present order, accrued or accredited to its entry in force, will be paid according to the procedure that was established in the respective entity in the time of the accrual of such expenses.

Available end first. Application of the present order.

1. the present order shall enter into force the day following its publication in the «Official Gazette» and will be applicable to commercial contracts or senior management are signed after this date.

2. without prejudice to the previous forecast and the provisions of the transitional provision, the content of the clause VII of commercial contracts or senior management that have been signed in accordance with the order of March 30, 2012 prior to the entry into force of this order shall be construed pursuant to the provisions of the latter.

Second final provision. Suppletive regime.

In matters not provided for in the present order shall apply the provisions of the Royal Decree 462/2002, of 24 may, concerning compensation for the expenses referred to in the same.

Madrid, 31 July 2015.-the Minister of finance and public administration, Cristóbal Montoro Romero.