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Resolution Of 22 July 2015, Of The Ministry Of Public Administrations, Which Modifies The One Of December 28, 2012, Which Is Issued Instructions On The Day And Hours Of Work Of The Staff In The Service Of The...

Original Language Title: Resolución de 22 de julio de 2015, de la Secretaría de Estado de Administraciones Públicas, por la que se modifica la de 28 de diciembre de 2012, por la que se dictan instrucciones sobre jornada y horarios de trabajo del personal al servicio de la ...

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In view of the need to update the working time regime and work schedules to the staff at the service of the General Administration of the State and its Public Bodies, and in order to incorporate the recent In order to adapt the system to the provisions of the Community legal order, it is necessary to amend the resolution of 28 December 2012 in part, in order to adapt the system to the provisions of the Community legal order. Secretary of State for Public Administrations in four key aspects.

First of all, Article 28 (3) of Law 15/2014 of 16 September, of rationalisation of the Public Sector and other measures of administrative reform, has amended Article 48 (k) of Law 7/2007, April 12, of the Basic Staff Regulations, increasing the number of days of leave for private matters to which public officials are entitled. Accordingly, it is necessary to adapt the said Resolution by increasing to five the number of days for special cases to which public employees are entitled instead of the four mentioned in the current version, as well as by updating the corresponding number of annual hours equivalent to the general day of thirty-seven and a half-weekly average weekly on an annual basis.

Secondly, by this Resolution, Directive 2003 /88/EC, relating to certain aspects of the organisation of working time, is incorporated in our order in the terms expressed in the case-law of the Court of Justice of the European Union, adjusting the forecast that the deferral of the enjoyment of the holiday, resulting from a justified or similar temporary incapacity, will be substantially longer than the period of the accrual period with which it is related. On the basis of this, the arrangements for the enjoyment of the holidays are amended in order to enable their enjoyment after the end of the maternity or paternity leave within the same calendar year or immediately after that of the causative event, or once terminated the temporary incapacity period provided that no more than 18 months have elapsed from the end of the year in which it originated.

Third, for the purposes of calculating the annual holiday period, consideration is given to the consideration as a time of service for absences due to illness, accident or enjoyment of permits. and licenses, thus filling a regulatory vacuum and ensuring greater legal certainty for these assumptions.

Finally, the channel of communication of the agreements adopted in the field of the Peripheral Administration of the State is improved and the references made by this Resolution to the certain organs, thus adapting to the modifications that the Royal Decree 802/2014, of September 19, has introduced on the Royal Decree 256/2012, of 27 January, for which the basic organic structure of the Ministry of Finance is developed and Public Administrations.

On the basis of all of the above, this Secretariat of State, in exercise of the powers conferred by Article 12 of the aforementioned Royal Decree 256/2012, of 27 January, after negotiation at the General Table of Negotiation of the State General Administration, has resolved:

1. Amend the Resolution of 28 December 2012 of the Secretariat of State of Public Administrations, which provides instructions on the working hours and working hours of the staff at the service of the General Administration of the State and its public bodies, in the following terms:

1.1 Paragraph 2.3 is worded as follows:

" 2.3 Government Delegates in the Autonomous Communities shall approve, annually and before the date indicated, the employment calendar applicable to the services integrated in the Government's Delegations and Subdelegations and to the Administrative units and peripheral services located in common dependencies or multiple services buildings in all their territorial scope, prior to communication and hearing to the corresponding representative bodies of the employees public.

The Government Subdelegates will approve the working day applicable to the peripheral services of their respective province during the traditional festivities of that territorial area, which will not be able to overcome a maximum of five days per year in the same locality. This work day shall be reported to this Secretariat of State through the Management Organization and Procedures for its knowledge and monitoring, within the month following its approval.

The functions previously assigned to the Delegates and Subdelegates of Government shall be exercised with respect to the personnel of the Military Administration by the Undersecretary of the Ministry of Defense. "

1.2 Paragraph 2.6 is worded as follows:

" 2.6. The work schedules will be forwarded to this Secretariat of State through the Management Organization and Procedures for their knowledge and follow-up, within the month following their approval. "

1.3 Paragraph 3.1 is worded as follows:

"3.1 The duration of the general day shall be thirty-seven and a half-weekly average working hours of average annual calculation, equivalent to one thousand six hundred and forty-nine hours per year."

1.4 Paragraph 9.1 is worded as follows:

" 9.1 Each calendar year the paid leave shall be a duration of 22 working days per year full of services, or of the days corresponding proportionally if the service time during the year was lower. For these purposes, Saturdays shall be considered to be non-working, without prejudice to any adaptations to special timetables.

For the calculation of the annual holiday period, the absences due to illness, accident, those arising from the enjoyment of the permits regulated in Articles 48 and 49 of Law 7/2007, of 12 April, of the Basic Statute of the Public Employment, or of the license referred to in Article 72 of the text of the Law of Civil Servants of the State, approved by Decree 315/1964 of 7 February, will have, in any case and for these purposes, the consideration of service time. "

1.5 Paragraph 9.5 is worded as follows:

" 9.5 When the holiday period previously fixed or authorized, and the enjoyment of which has not been initiated, may coincide in time with a temporary disability, risk during breast-feeding, risk during the pregnancy or with maternity or paternity leave or a cumulative breastfeeding permit, it may be enjoyed on a different date.

Although the holiday period has not been fixed or authorized in advance, when the situations or permits indicated in the preceding paragraph prevent the enjoyment of the holiday within the calendar year to which they correspond, The same may be enjoyed in the calendar year immediately after. However, in the case of temporary incapacity, the holiday period may be enjoyed once that incapacity has been completed and provided that no more than 18 months have elapsed from the end of the year in which the period of leave has been completed. originated.

If during the enjoyment of the authorized holiday period the maternity or paternity leave or a risk situation during pregnancy occurred, the holiday period will be interrupted and the time will be enjoyed. which is in a different period within the same year, or in the calendar year immediately thereafter.

Also, if during the enjoyment of the authorized holiday period, a temporary disability situation arises, the holiday period will be interrupted and may be enjoyed after the end of the period. temporary incapacity, and provided that no more than 18 months have elapsed from the end of the year in which they originated. '

1.6 Paragraph 9.7 is worded as follows:

" 9.7 Over the course of the year public employees will have the right to enjoy up to five days for particular issues, without prejudice to the granting of the remaining permits and licenses established in the current regulations. Such days may not be cumulated with annual leave periods. The staff may distribute these days at their convenience, subject to authorization from their superiors and always respecting the needs of the service. Where for these reasons it is not possible to enjoy the said permit before the end of December, it may be granted within the first 15 days of the following January.

Without prejudice to the foregoing, and provided that the needs of the service permit, the days for particular matters as well as, where appropriate, the days of leave provided for in the following paragraph, may be accumulated on the days of holidays that are enjoyed independently. "

1.7 Paragraph 12.3 is worded as follows:

" 12.3 The Deputy Secretaries of the Ministerial Departments, through the Department Services Inspections, as well as the other competent bodies of the entities referred to in paragraph 1 of this Resolution, promote compliance programmes for the day of work due and control of absenteeism, taking the necessary measures for the correction of breaches and breaches.

In addition, they will have to send a quarterly report to the Secretariat of State of Public Administrations on the fulfillment of working hours and schedules, and on the levels of absenteeism, according to the criteria to be determined by the Coordinating Committee of the General Services Inspections of the Ministry of Health and with the electronic procedure established by the Directorate-General for Administrative Management and Procedures. "

2. The provisions of this Resolution shall be taken into account by the Undersecretaries, as well as by the bodies responsible for the personnel of the other public bodies and entities and by the Government Delegates in their respective Communities. Autonomous, when they approve the work schedules corresponding to their respective areas.

Madrid, July 22, 2015.-The Secretary of State for Public Administrations, Antonio German Beteta Barreda.