Article 13 of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness creates a register of the Ministry of Finance and Public Administration. Organs of Representation of Personnel at the service of the General Administration of the State and its agencies, agencies, universities and dependent entities.

The creation of such a register is made in order to register or record the acts adopted in their field which affect the creation, modification and deletion of organs of representation of the official staff, Staff Regulations, Staff Regulations, Staff Regulations, Business Committees and Safety and Health Committees; number and identity of the members of the aforementioned bodies, as well as variations in respect thereof; creation, modification or deletion of trade union sections, as well as the number and identity of the corresponding delegates; disposals of legal or conventionally established time-credits giving rise to the total or partial waiver of work assistance; and institutional releases resulting, where appropriate, from the provisions of rules, covenants or conventions; and any changes in the obligation or the arrangements for assistance to work that may be brought about by legal and conventional provisions resulting from implementation.

Moreover, Article 13 (7) confers on the Ministry of Finance and Public Administrations, within the scope of its powers, the power to take all orders, instructions or provisions necessary for the development and implementation of the provisions laid down in that provision.

In accordance with the above, this Order is issued in order to establish the rules for the organization and operation of the Organ Registry of Personnel Representation in the service of the General Administration of the Status.

This Order consists of thirteen items distributed in five chapters, four additional provisions, two final provisions, and an annex.

Chapter I, general provisions, includes Articles 1 and 2 in which the object of the rule and its scope are defined.

Chapter II refers to the organisation of the Register and includes Articles 3 to 5 in which it is declared that the Registry is dependent on the Directorate-General of the Civil Service, lists the sections in which it is organised, and it is determined that the management of the Register is carried out in a decentralised manner, identifying the functions that correspond exclusively to the General Directorate of the Civil Service, and those that are attributed to the other management bodies.

Chapter III, registered seats, includes Articles 6 to 8, in which the registrable acts, their classes, and their nature and effects are regulated.

Chapter IV is the subject of the registration procedure, as laid down in Articles 9 to 12, and contains the rules for the conduct of communications, the time limits for such a procedure, the procedure for repair of the annotations, and the identity and signature accreditation systems that can be used by those responsible for making the communications.

Chapter V is intended to provide information about the data in the record. It integrates Article 13 concerning the protection and access to data of the Registry.

Finally, the draft contains four additional provisions relating to the communications regime; bodies not included in the scope of the General Administration of the General Administration of the State; the development of the order implies an increase in public expenditure; and the powers of control. It also contains two final provisions on the powers of development and entry into force of the rule.

The Registry is configured as a management tool that has to provide this Administration with comprehensive and up-to-date information on all data relating to the bodies representing the personnel that in its field they are intended to facilitate the exercise of the functions they have legally and conventionally attributed, as well as to avoid possible situations of heterogeneity, dispersion and mismatches in the ordinary management of these matters. This Register, therefore, constitutes the management instrument in which the acts relating to the exercise of rights deriving from the representation of the staff in the service of the Administration shall be entered in such a way that these rights are exercised in accordance with the content of their registration in that Register.

From an organizational point of view, it has been deemed appropriate to ascribe the aforementioned Register to the Directorate General of the Civil Service for being the management center that holds the general competence in matters of relations trade unions in the field of the General Administration of the State. Within the framework of the coordination and control powers conferred on that Directorate-General by this Order, the management of the Register shall be carried out in a decentralised manner.

Prior to the approval of this Ministerial Order, the most representative trade union organizations have been consulted, and the Spanish Data Protection Agency has issued a report.

As soon as it precedes, in compliance with the provisions of Article 13.2 of Royal Decree-Law 20/2012, of July 13, pursuant to the powers conferred by Article 1 of Royal Decree 256/2012 of 27 January 2012, by the that the basic organic structure of the Ministry of Finance and Public Administrations is developed, according to the State Council, I have:

CHAPTER I

General provisions

Article 1. Object.

This Order is intended to regulate the organization and operation of the Registry of Personnel Representation Bodies at the service of the General Administration of the State.

Article 2. Scope.

1. The scope of the Register shall be that corresponding to the General Administration of the State, its agencies, agencies, universities and public law entities dependent on it.

2. Without prejudice to their inclusion in the field of the Register, for bodies, universities and public law entities not included in the scope of the General Administration of Negotiation of the General Administration of the State provided for in Article 36.3 of Law 7/2007, of 12 April, of the Basic Staff Regulations, will be referred to in the second provision second.

CHAPTER II

Organization

Article 3. Registry dependency and installation.

1. The Registry of Bodies of Representation of Personnel to the Service of the General Administration of the State depends on the Directorate-General of the Civil Service, which corresponds to its coordination and control.

2. They are the management bodies of the Registry, the competent human resources of the Ministerial Departments, Delegations and Subdelegations of the Government, the competent in matters of industrial relations of the General Direction of the Function Public and those of the public bodies which, if necessary, are determined in accordance with the provisions of the second order of this Order.

3. The computer systems which, where appropriate, support the Registry shall ensure the unalterability and permanence of their data, as well as the compliance with the security measures set out in Title VIII of the Law of Law Development Organic 15/1999, of December 13, of Protection of Personal Data, approved by Royal Decree 1720/2007, of 21 December.

Article 4. Organization.

The Registry will be organized in the following sections:

a) Work assistance dispantries.

(b) Bodies representing official, statutory or employment staff, and members of staff.

c) Work centers, union sections and union delegates.

d) Safety and health committees and prevention delegates.

(e) General, Sectoral and Decentralized trading bodies dependent on them: Messes and Delegated Subcommittees.

Article 5. Management.

1. Register management is done on a decentralized basis.

2. It is exclusively for the body of the Directorate-General of the Civil Service responsible for industrial relations:

(a) The entries and entries concerning the supply of assistance to the work resulting from the agreements and agreements signed on the allocation of resources and structures for negotiation and participation, in compliance with Article 10 of the Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and to promote competitiveness.

(b) The registration of the electoral units in which, in accordance with Article 12 of the Royal Decree-Law 20/2012 of 13 July 2012, bodies representing official, labour or civil servants are to be elected the statutory and the annotations referred to its deletion or the modification of its characteristics.

(c) Registration of work centres for the purposes of Article 10 of the Organic Law 11/1985 of 2 August of Freedom of Association and the annotations relating to its deletion or modification of its characteristics.

(d) The entries of the safety and health committees and the entries relating to their deletion or the modification of their characteristics.

e) The entries of the data relating to the General Tables, Sectoral, Tables and Subcommittees delegated legally constituted, as well as the annotations referring to their deletion or modification, in relation to the dispensations and hourly credits assigned to them.

(f) The identification of the identification systems necessary for the use of the Registry, as well as the granting to users dependent on the managing bodies of the Registry, of the corresponding authorizations and keys of access.

3. It shall be the responsibility of the human resources bodies of the Ministerial Departments, Bodies and Delegations and Subdelegations of the Government, in accordance with Article 13 (1) and (2) of the Royal Decree-Law 20/2012 of 13 December 2012. July, the performance of the seats referred to the representative bodies and those of its members, those relating to the trade union sections and their delegates, as well as those referring to the Safety and Health Committees and their members. Prevention delegates.

4. It shall be the responsibility of the Ministries and Agencies, where appropriate, for the performance of the seats relating to the Delegated Tables and Subcommittees.

CHAPTER III

Register Seats

Article 6. Recordable acts.

1. Acts which, adopted in the field referred to in Article 2 of this Order, concern the following matters shall be the subject of registration or entry in this Register:

(a) Determination of electoral units in which organs of representation of the official, statutory or employment staff are to be chosen, and the creation, modification and deletion of such representation bodies.

(b) The outcome of the elections to the said organs and the number and identity of their members, as well as the variations in respect thereof, for the purposes of the trade union rights which may be derive.

c) Creation, modification and deletion of work centers within the meaning of Article 10 of the Organic Law 11/1985, of 2 August.

d) Creation, modification or deletion of union sections as well as number and identity of the corresponding delegates.

e) Creation, modification or deletion of Safety and Health Committees as well as the number and identity of the corresponding prevention delegates.

f) Credit available to members of the collective bodies representing staff, staff delegates, and trade union delegates, and the disposals and accumulations of credit schedules legally or conventionally set.

g) Work attendance dispantries.

h) Creation, modification and deletion of Mesas and negotiating bodies, the credit schedules assigned to them, as well as the number and identity of the beneficiaries.

(i) Agreements for the recognition of schedules or other trade union rights which may be established in relation to the provisions of Article 10 of the Royal Decree-Law 20/2012 of 13 July 2012, as well as prior authorisation, of the same must be performed by the General Direction of the Civil Service in the terms established by article 25 of Law 22/2013, of December 23, of General State Budgets for 2014.

2. With regard to the provisions of point (d) of the previous paragraph, only the data relating to the trade union sections and their corresponding delegates shall be entered or entered when they give rise to the time-limits laid down in the Organic Law 11/1985 of 2 August, or others arising from the application of the conventional rules, agreements or agreements that correspond. For the same purposes, data relating to the General Tables, Sectoral Tables, Tables and Delegated Subcommittees shall be entered.

3. In the recordable acts of the cases referred to in points (b), (d), (e) and (h) of paragraph 1 of this Article, the sex variable shall be included in those who collect statistics and/or data.

Article 7. Register seat classes.

1. The register seats shall take the form of entries and entries.

2. Entries in the Register for the first time of any of the registration acts referred to in Article 6 shall be deemed to be entries in the Register for the first time.

3. The remaining registration seats shall be of the annotation character. These shall be integrated into the Register in such a way as to establish their link with the corresponding entries.

Article 8. Nature and effects of the register seats.

1. In the case of trade union delegates and representatives of the labour force or official, the provisions of the Organic Law 11/1985 of 2 August of 2 August in the recast text of the Staff Regulations adopted by Real Legislative Decree 1/1995, of March 24, in Law 7/2007, of April 12, of the Basic Staff Regulations, and other rules that are applicable. In the remaining cases, the resolutions adopted will require registration or entry in the Register for purposes.

2. The registration or endorsement of acts and resolutions in the Registry of Personnel Representation shall not validate the illegal or irregular content that such acts and resolutions may contain.

CHAPTER IV

Enrollment procedure

Article 9. Responsible for performing the communications.

1. The acts referred to in Article 6 (1) (a), (c), (e), (g), (h) and (i) shall be communicated by the body of the Directorate-General of the Civil Service responsible for industrial relations to the Registry for the purposes of registration or annotation, except as provided for in paragraphs 3 and 4 of this Article in respect of acts referred to in points (e) and (h).

2. The acts referred to in point (b) of Article 6 (1) shall be communicated as appropriate, by the Electoral Bureau, by the secretary of the representative body with the approval of its chairman, or by the staff delegates, to the corresponding staff organ for subsequent referral to the Registry.

The communication of electoral results must be accompanied by a copy of the duly registered electoral record where the results obtained by the different candidates are recorded as well as the nominal relation of the candidates. elected.

3. The unitary representation bodies shall communicate to the staff body the identity of the prevention delegates referred to in point (e) of Article 6 (1). The Safety and Health Committees shall communicate to that body their constitution.

4. Trade union organisations shall communicate to the relevant body the acts referred to in point (d) of Article 6 (1). They shall also communicate to the same body the identity of the beneficiaries of the hourly appropriations derived from the tables and the negotiating bodies referred to in point (h) of that Article, as well as the identity of those trade union delegates. designated as prevention delegates in cases where this is so conventionally provided for.

For these purposes, the trade union organizations shall appoint a person responsible for the conduct of such communications.

5. The holders of the time-credits with the status of trade union delegates or members of representative bodies shall communicate to the relevant body the acts of transfer and accumulation of the schedules provided for in the Article 6.1 (f) for subsequent referral to the Registry.

Article 10. Deadlines for communications, registrations and annotations.

1. The corresponding staff or working relations body shall have a maximum period of three working days to inform the Registry of any acts which are to be registered or entered, to count that period from the day following that date. in which they are communicated to you in the terms set out in the previous article.

2. The entries and/or entries in the Register shall be made by those responsible for their management within the maximum five working days from the day following that of the communication referred to in the previous paragraph.

Article 11. Repair of the enrollment or annotation.

1. Where possible defects of legality are brought down from the communication, the Registry shall bring it to the attention of the body of staff or of the labour relations of which it comes, which shall have a period of five working days from the date of communication. of the repair in order to make, and with the appropriate communication to the interested parties, the corrections relevant for their healing, suspending the obligation to carry out the corresponding seat in the Registry until the same one occurs.

2. In any event, the General Directorate of the Civil Service may urge the body responsible for the management of the Registry to rectify any registered seat in cases where it does not conform to the current regulations or to the contained regulation. in any Covenant, Agreement, Convention or other instrument of a conventional nature, with the responsibility to proceed within the same period and with the same procedure as referred to in the previous paragraph.

Article 12. Identity accreditation.

Those responsible for making communications referred to in Article 9 may use the following identification and signature systems in accordance with Article 13.2 of Law 11/2007, of June 22, Citizens ' electronic services to public services:

a) The electronic signature system incorporated into the National Identity Document in any case.

(b) Advanced electronic signature systems based on an electronic certificate recognised as long as they have been admitted in accordance with Articles 15.2 of Law 11/2007 of 22 June and 23.3 of the Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to services is partially developed.

CHAPTER V

Log data information

Article 13. Protection and access to the Registry data.

1. A statistical bulletin shall be drawn up by the Directorate-General of the Civil Service on a six-monthly basis, without any personal data appearing, in which the basic aggregate information in the Register is collected, information which, in no Case shall make possible the direct or indirect identification of the individual holders and beneficiaries of the trade-union hours and permits to be registered.

2. In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data file "Registry of organs of representation of personnel and other resources" is created. "," stated in the Annex of this Order, whose ownership corresponds to the General Directorate of the Civil Service, the Secretariat of State of Public Administrations with its registered office in the c/Maria de Molina, n. 50, 28071 Madrid.

Additional disposition first. Communications regime.

The communications provided for in this Order shall be made in writing and on a preferential basis through telematic means, in any case guaranteeing their security and confidentiality.

In the event that such communications relate to data relating to trade union membership, the provisions of Article 104 of the Implementing Regulation of the Organic Law 15/1999 of 13 December 1999 will apply. Protection of Personal Data, approved by Royal Decree 1720/2007 of 21 December.

Additional provision second. Bodies, Universities and other entities governed by public law not included in the scope of the General Administration of Negotiation of the General Administration of the State.

1. The bodies, universities and other bodies governed by public law referred to in the second paragraph of Article 2 of this Order shall, by means of the instrument or information tool, manage to establish, the entries or entries of those acts which are recorded in accordance with this Order and which affect their scope of action.

2. The relevant authorities shall report on a six-monthly basis to the Directorate-General of the Civil Service, through the system established, the information of the seats they have taken.

3. The management bodies of the bodies, universities and other public sector entities affected by this additional provision shall be responsible for the powers and functions referred to in Articles 5, 9.1, 11.1 and 12 of this Order in each case to the Government's Directorate-General for Public Service, Ministries, Agencies, Delegations and Subdelegations.

4. In any event, the General Directorate of the Civil Service may urge the body responsible for the management of the Registry to rectify any registered seat in cases where it does not comply with current legislation or regulation. contained in any Covenant, Agreement, Convention or any other instrument of a conventional nature that was affected or understood by the provisions of Article 27 of the State General Budget Law for 2013.

Additional provision third. No increase in public spending.

The development of this Order will address the criteria of rationalization, economy in public spending and efficiency, aimed at an orderly management, and will not imply an increase in public spending.

The material resources and expenses that are necessary for such development in each case, will be provided by the Ministry of Ministry of the Ministry of the Ministry of Public Health.

Additional provision fourth. Control powers.

1. The Secretariat of State of Public Administrations may request to the Subsecretaries of the Ministry of State the inclusion in the corresponding Plans and Programs of Inspection of the Ministry, of the control of the fulfillment of the day and working hours of the staff who enjoy any of the time credits to be the subject of a seat in the Register governed by this Order. The Secretariat of State may also request the Ministry of State to send a quarterly report on the aforementioned compliance.

2. The General Intervention of the State, within the framework of the powers conferred on it, shall carry out checks on the remuneration of personnel falling within the scope of this order, as laid down in Articles 157 and The following of Law 47/2003 of 26 November, General Budget.

Final disposition first. Entry into force.

This Ministerial Order will enter into force on 1 July 2015.

Final disposition second. Powers of development.

The Directorate-General of the Civil Service is empowered to issue the instructions for the development and application of this order as it deems appropriate and to approve the models to which the acts are to be subject communications referred to in this Order.

Madrid February 19, 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX

Personal Data File

-Name of file: "Registry of organs of representation of staff and other union resources".

-Finality and persons or groups included: processing of the data of the public employees referred to in Article 4 (b) of this Order, in relation to the acts referred to in Article 6, details in the sections referred to in Article 4 thereof.

-Data Collection Procedure: Communications from the General Directorate of the Civil Service and the staff organs to the Register regulated in this Ministerial Order.

-Basic structure and treatment system: Database. Type of data: DNI, NIE or passport, surname, name and sex. Data of destination: ministry or agency, unit, job position. Functions: representation or trade union. Treatment system: mixed.

-Data Cession: is not intended.

-Responsible for the file: General Directorate of the Civil Service.

-Unit exercise of rights: Directorate General of the Civil Service: C/ Maria de Molina, 50, 28071 Madrid.

-Security Level: High.