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Before the need of update the regime of day and schedules of work of application to the personal to the service of the Administration General of the State and its organisms public, and with the purpose of incorporate them recent modifications legislative and of adapt said regime to it established in matter of management of the time of work by the ordering legal community, is makes necessary modify partially the resolution of 28 of December of 2012 of this secretariat of State of administrations Public on four fundamental aspects.
Firstly, article 28, paragraph 3, of the law 15/2014, 16 September, rationalization of the Public Sector and other measures of administrative reform, has modified the paragraph k) article 48 of law 7/2007, of 12 April, the Basic Statute of the public employee, increasing by one the number of days of permission issues particular public officials is entitled to. Accordingly, is necessary adapt it referred resolution increasing to five the number of days by Affairs particular to which have right them employees public instead of them four designated in the version currently existing, as well as updating to such modification the corresponding number of hours annual equivalent to the day general of thirty and seven hours and average weekly of average in computation annual.
Secondly, through this resolution the directive joins our law 2003/88/EC concerning certain aspects of the organisation of working time, in the terms expressed by the case law of the Court of Justice of the Union European, adapting the forecast that the postponement of the enjoyment of the holiday, derived from a temporary disability justified or analog is a lasting substantially greater than that of the period of accrual that relates. Based on this, is modifies the regime of enjoy of them holiday in order enable your enjoy a time completed the permission of maternity or paternity within the same year natural or of the immediately back to the of the made causing, or a time finished the period of disability temporary whenever not have elapsed more than eighteen months starting from the end of the year in that is has originated.
In third place, to them effects of the calculation of the period annual of holiday, is incorporates to the present resolution it consideration as time of service them absences derived of disease, accident or of the enjoyment of them permissions and licenses, supplementing so a vacuum normative and ensuring a greater security legal for these alleged.
Finally, is improves the runway of communication of them agreements adopted in matter of day of work applicable in the field of the Administration peripheral of the State and is suited them references made by this resolution to certain organs, adapting is thus to the modifications that the Real Decree 802 / 2014, of 19 of September, has introduced on the Real Decree 256 / 2012 , 27 January, which develops the basic organizational structure of the Ministry of finance and public administration.
Based on all it previous, this secretariat of State, in exercise of them competencies attributed by the article 12 of the cited Real Decree 256 / 2012, of 27 of January, prior negotiation in the table General of negotiation of the Administration General of the State, has determined: 1. modify the resolution of 28 of December of 2012 of the Secretariat of State of administrations public , by which are issued instructions on the day and hours of work of the staff at the service of the General Administration of the State and its public agencies, in the following terms: 1.1 paragraph 2.3 is drawn up in the following way: "2.3 the delegates of the Government in the autonomous communities approved, annually and before the date indicated, the work schedule applicable to integrated services in the delegations and Subdelegations of the Government and administrative units and peripheral services located» in dependencies common or buildings of services multiple of all its field territorial, prior communication and hearing to the corresponding organs of representation of them employees public.
The subdelegation of the Government will approve the working hours applicable to their corresponding province peripheral services during the traditional festivities of this territorial scope, which shall not exceed a maximum of five days per year in the same locality. The working day will inform this Secretary of State through Directorate General for administrative organization and procedures for their knowledge and monitoring, within the month following its adoption.
The functions formerly assigned to delegates and sub-delegates of Government shall be exercised with respect to the staff of the military administration by the Undersecretary of the Ministry of defence."
1.2 the paragraph 2.6 is drafted in the following way: «2.6.» Work schedules should be submitted to the Secretary of State General Directorate of administrative organization and procedures for their knowledge and monitoring, within the month following their approval.»
1.3. the section 3.1 is drawn up in the following way: «3.1 the duration of the general Conference shall be thirty-seven and a half hours per week effective work of computation equivalent to thousand, annual average six hundred forty-nine hours per year.»
1.4 the paragraph 9.1 is drafted of the following mode: «9.1 each year natural them holiday paid will have a duration of 22 days working annual by year full of services, or of those days that correspond proportionally if the time of service during the year was lower.» These effects on Saturday will be considered disabled, without prejudice to adjustments established for special schedules.
For the calculation of the period annual of holiday, them absences motivated by disease, accident, them derived of the enjoy of them permits regulated in them articles 48 and 49 of the law 7 / 2007, of 12 of April, of the Statute basic of the employee public, or of the license to is concerns the article 72 of the text articulated of the law of officials civil of the State «, approved by the Decree 315/1964, February 7, in any case, for these purposes, shall be regarded as service time.»
1.5. the paragraph 9.5 is drawn up in the following way: «9.5 when the holiday period previously fixed or authorized, and whose enjoyment has not started, may coincide in time with a situation of temporary disability, risk during breastfeeding, risk during pregnancy or maternity leave, or paternity or cumulative permission of breastfeeding, can be enjoyed on different date.»
Although the holiday period has not been set or pre-authorized, when situations or permits referred to in the previous paragraph will prevent start the enjoyment of holidays in the calendar year to which they relate, the same you can enjoy in the immediately following calendar year. Despite the foregoing, in the event of temporary incapacity, the holiday period you can enjoy one time finished that incapacity and always that not after more than eighteen months from the end of the year in which have been originated.
If during the authorized period of holidays enjoying ensue the permission of maternity or paternity leave or risk during pregnancy, the holiday period is interrupted, allowing you to enjoy the time remaining in a different within the same year period, or the immediately following calendar year.
Also, if during the enjoyment of the authorized period of holidays, there should come upon a situation of temporary disability, the holiday period will be interrupted and can enjoy them once end of temporary incapacity, and provided that not after more than eighteen months from the end of the year that have been originated.»
1.6 paragraph 9.7 is drawn up in the following way: «9.7 along year civil servants shall be entitled to enjoy up to five days for private affairs, without prejudice to the award of the remaining permits and licenses laid down in the regulations. " Such days may not accumulate annual vacation periods. Staff could distribute these days at your convenience, prior authorization from his superiors and always respecting the needs of the service. When these reasons it is not possible to enjoy the Modify permission before the end of the month of December, you may be granted in the first fifteen days of the month of January following.
«Without prejudice to the foregoing, and permitting the service needs, the days for private affairs as well as, where appropriate, the days of permission referred to in the following paragraph, can earn days of vacation that enjoy independently.»
1.7 paragraph 12.3 is drawn up in the following way: «12.3 the under-secretaries of ministries, through inspections of departmental services, as well as the other competent bodies of the entities referred to in paragraph 1 of this resolution, shall promote compliance programs proper working day and control of absenteeism, take measures necessary for the correction of breaches and violations. "
Likewise, they shall send quarterly to the Secretary of State for public administrations systematic information on compliance with hours and hours of work and levels of absenteeism, according to criteria to be determined by the Coordinating Commission of the inspection General of services of the departments ministerial and the electronic procedure establishing the General Directorate of administrative organization and procedures.»
2. the provisions of this resolution shall be taken into account by the Assistant Secretaries, as well as by the competent bodies in the field of personnel from other agencies and public entities and by the delegates of the Government in their respective autonomous communities, when to approve labor schedules corresponding to their respective fields.
Madrid, 22 July 2015.-the Secretary of State of public administrations, Antonio Germán Beteta Barreda.
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