Order Hap / 535 / 2015, Of 19 Of February, By Which Is Regulate The Organization And Operation Of The Register Of Bodies Of Representation Of The Personal In The Administration General Of The State.

Original Language Title: Orden HAP/535/2015, de 19 de febrero, por la que se regulan la organización y funcionamiento del Registro de órganos de representación del personal en la Administración General del Estado.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3375

Article 13 of the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness creates a registry organs of representation of staff at the service of the General Administration of the State and its agencies, agencies, universities, and subsidiaries in the Ministry of finance and public administration.

The creation of such registration is done so that in the same register or record the acts adopted within its scope that affect the creation, modification and deletion of the personal official representative bodies, statutory or employment: staff meetings, staff delegates, works councils and committees of safety and health; number and identity of the members of the above-mentioned bodies, as well as variations that occur with respect to them; creation, modification or deletion of unions, as well as number and identity of the corresponding delegates; transfers of credits hours legally or conventionally established that will result in the total or partial waiver of attendance at work; and institutional releases arising, where appropriate, to rules, pacts or agreements and any changes in the obligation or the regime of assistance to the work that can be caused by conventional and legal provisions that may apply.

Moreover, the paragraph 7 of the cited article 13 attributed to the Ministry of Hacienda and administrations public, in the scope of their powers, the power of adopt few orders, instructions or provisions are necessary for the development and application of it established in the mentioned precept.

In accordance with the above, this order is issued in order to establish the rules of organization and functioning of the concerned registry of the representation bodies of staff at the service of the General Administration of the State.

This order consists of thirteen articles distributed in five chapters, four provisions additional, two provisions late and an annex.

Chapter I, General, comprises articles 1 and 2 where are defined the purpose of the standard and its scope.

Chapter II refers to the Organization of the registry and includes articles 3 to 5, which declares that the registry depends on the General direction of the public function, lists the sections in which is organized, and determined that registration is managed in a decentralized fashion, identifying the functions that belong exclusively to the General direction of the public function , and those that are attributed to the rest of organs of management.

Chapter III, registration records, comprises articles 6 to 8, in which regulate what recordable acts, their classes, and its nature and effects.

He chapter IV has by object the procedure of registration, regulated in them articles 9 to 12, and contains the regulation of them responsible of make them communications, them deadlines for such realization, the procedure of repair of them annotations, and them systems of accreditation of the identity and signature that can use them responsible of make them communications.

Chapter V aims the information about the registration data. It integrates article 13 relating to the protection and access to the registration data.

Finally, the project contains four additional provisions relating to the procedure of communications; agencies not included in the scope of the table General of negotiation of the Administration General of the State; ban that the development of the order involves an increase in public spending; and the powers of control. It contains also two final provisions about powers of development and entry into force of the regulation.

The registry is configured as a management tool that has this Administration provide comprehensive and updated information of all particulars of the bodies representing staff in their field become, in order to facilitate the exercise of functions that are conventionally attributed and legal, as well as to avoid a possible heterogeneity dispersion and mismatches in the ordinary management of these materials. This record, therefore, constitutes the instrument of management in which is entered them acts relating to the exercise of rights derived of the representation of the personal to the service of the Administration, of such mode that these rights are exerted according to the content of its registration in said register.

From a point of view organizational, is has estimated suitable ascribed the mentioned record to it address General of the function public by be the Center steering that holds them competencies General in matter of relations Union in the field of the Administration General of the State. Within the framework of powers of coordination and control in this sense this order attributed to that Directorate-General, registration management will take place in a decentralized fashion.

Prior to the adoption of this Ministerial order, the most representative trade union organizations have been consulted, and it has issued report the Spanish Agency of data protection.

As above, in accordance with provisions in article 13.2 of the Royal Decree-Law 20/2012, of 13 July, in accordance with the powers conferred by article 1 of the Royal Decree 256 / / 2012, 27 January, which develops the basic organizational structure of the Ministry of finance and public administration, in accordance with the Council of State , I have: CHAPTER I General provisions article 1. Object.

This order is intended to regulate the Organization and operation of the registry organs of representation of staff in the service of the General Administration of the State.

Article 2. Scope of application.

1. the scope of the register will be the corresponding to the Administration General of the State, its agencies, agencies, universities and entities of right public of she dependent.

2. without prejudice to their inclusion in the scope of the register, for agencies, universities and public law entities not included in the scope of the table General of negotiation of the General Administration of the State envisaged in article 36.3 of the law 7/2007, of 12 April, the Basic Statute of the public employee, it will be contemplated in the second additional provision.

CHAPTER II organisation article 3. Unit and installation of the registry.

1. the registration of bodies representing staff in the service of the General Administration of the State depends on the General direction of the public function, which correspond to their coordination and control.

2 are bodies of management of the register, the competent human resource of the ministerial departments, delegations and Subdelegations of the Government, the responsible labour relations of the General direction of the public function and the public bodies which may be determined in accordance with the provisions of the second final provision of this order.

3. the computer systems which, in his case, give support to the registry shall ensure the durability and permanence of their data, as well as compliance with the security measures referred to in title VIII of the rules of development of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, approved by Royal Decree 1720 / 2007 , 21 December.

Article 4. Organization.

The record will be organized into the following sections: to) expenses of attendance at work.

(b) representation of the staff officer, statutory or labor, and members of the same bodies.

(c) workplaces, unions and trade union delegates.

(d) delegates of prevention and health and safety committees.

(e) tables, sectoral and decentralized bargaining bodies dependent on them: tables and subcommittees delegates.

Article 5. Management.

1. the registration management is decentralized.

2 corresponds exclusively to the organ of the General direction of the competent public function in industrial relations: a) inscriptions and annotations relating to any exemption of assistance to the work arising from the agreements and pacts signed in terms of allocation of resources and structures for negotiation and participation, in accordance with the provisions of article 10 of the Royal Decree-Law 20/2012 of 13 July, measures to ensure the budgetary stability and promotion of competitiveness.

(b) the registration of the electoral units that pursuant to the provisions of article 12 of the Royal Decree-Law 20/2012, of 13 July, must choose the personal official representative bodies, statutory or labor and annotations referred to their deletion or modification of its characteristics.

(c) registration of workplace for the purposes of the provisions of article 10 of the organic law 11/1985, of 2 August, freedom of Association and annotations referred to their deletion or modification of its characteristics.

(d) them inscriptions of them committees of safety and health and the annotations referred to its suppression or to the modification of their features.


(e) the registration of the data concerning the General tables, sector, tables and legally constituted delegated sub-committees, as well as the annotations concerning removal or modification, with regard to the waivers and hourly credits that are assigned.

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

3. will correspond to them bodies competent in matter of resources human of them departments Ministerial, organisms and delegations and Subdelegations of the Government, in accordance with them paragraphs 1 and 2 of the article 13 of the Real Decree-Law 20 / 2012, of 13 of July, the realization of them seats referred to them bodies of representation and to them of their members, them relating to them of them sections Union and their delegates as well as those relating to health and safety committees and their delegates in prevention.

4. Likewise, will correspond to the ministries and agencies, in its case, the realization of them seats relating to them tables and subcommittees delegated.

CHAPTER III article 6 registration records. Recordable acts.

1 will be subject to registration or annotation in this register, acts adopted in the field established in article 2 of this order, relating to the following matters: to) determination of electoral units that must choose bodies representing staff official, statutory or employment, and creation, modification and deletion of such representative bodies.

(b) result of them elections held to them cited bodies and number and identity of their members, as well as them variations that is produce with regard to them themselves, to them effects of them rights Union that of them same can derive.

(c) creation, modification and deletion of centers of work for the purposes of the article 10 of the law organic 11 / 1985, of 2 of August.

(d) creation, modification or deletion of unions as well as the number and identity of the corresponding delegates.

(e) creation, modification or elimination of committees of safety and health as well as number and identity of the corresponding prevention delegates.

(f) credit available from the members of the bodies of members of legal representation of staff, staff delegates, shop stewards, and assignments and accumulations of time credits or conventionally established.

(g) exemption of assistance to work.

(h) creation, modification and deletion of tables and negotiating bodies, time credits that they have attributed, as well as the number and identity of the beneficiaries thereof.

(i) agreements by which is recognize credits schedules u others rights Union that can establish is in relation to it planned in the article 10 of the Real Decree-Law 20 / 2012, of 13 of July, as well as the authorization prior that of them same must perform the address General of the function public in them terms established by the article 25 of the law 22 / 2013 , of 23 of December, of budgets General of the State for 2014.

2 in relation to the provisions of the letter d) of the preceding paragraph, they shall only be entered or record data relating to trade union sections and their corresponding delegates when they give rise to hourly credits provided for in organic law 11/1985, 2 of August, or others arising from the application of the conventional rules, pacts or agreements that apply. For the same purposes, data concerning the General tables, sector, tables and delegated sub-committees shall be recorded.

((((3. in them acts recordable of them alleged of them lyrics b), d), e) and h) of the paragraph 1 of this article shall include is the variable of sex in those that collect statistics or data.

Article 7. Kinds of registration records.

1. the seats registration shall take the form of inscriptions and annotations.

2. it shall be considered as enrollment seats whereby occurs reason taking registration for the first time in any of the registration acts set out in article 6.

3 the remaining registration records will have the character of annotation. These are integrated in the record so is set your bonding with them corresponding inscriptions.

Article 8. Nature and effects of the registration records.

1. in the case of them delegates Union and of them representatives of the personal labour or official is will be, respectively, to it willing in it law organic 11 / 1985, of 2 of August, in the text consolidated of the status of them workers approved by Real Decree legislative 1 / 1995, of 24 of March, in the law 7 / 2007, of 12 of April the Basic Statute of the public employee, and other rules that may apply. In the remaining cases, the resolutions adopted will require registration or annotation in the register for effect.

2. the inscription or annotation of acts and decisions on the registration of staff representation bodies not validated the illegal or irregular content such acts and resolutions they contain.

CHAPTER IV procedure of registration article 9. Responsible for conducting communications.

1 the acts referred to in article 6, paragraph, letters to), c), e), g), h) e i), shall be communicated by the body in the General direction of the competent public function in labour relations to the registry for their timely inscription or annotation, except as provided in paragraphs 3 and 4 of this article with respect to the acts referred to in e) and h).

(2. the acts referred to in article 6, paragraph, letter b), shall be communicated as appropriate, by the Electoral Bureau, by the Secretary of the representative body with the approval of the President, or the staff delegates to the corresponding body of staff for their subsequent referral by this registration.

Communication of election results should be accompanied by a copy of the duly registered electoral certificate showing both the results obtained by the different candidates as the list of elected candidates.

(3 unitary representation bodies shall notify the authority of personal identity of the delegates of prevention mentioned in article 6, first paragraph letter e). Safety and health committees shall inform the appellate staff its Constitution.

(4. trade union organizations shall inform the corresponding staff body acts envisaged in article 6, paragraph 1, letter d). They must also communicate to the same body the identity of beneficiaries of hourly credits derived from tables and negotiating bodies referred in the letter h) of that article, as well as the identity of those stewards appointed as delegates of prevention in the case in which as well expected conventionally.

For these purposes, trade unions will designate before that a person in charge of the preparation of such communications.

(5. holders of time credits that have the status of trade union representatives or members of representative bodies shall communicate the corresponding body for personal acts of transfer credit and accumulation the schedules referred to in (f)) of article 6.1 for their subsequent referral by this registration.

Article 10. Terms of communication, inscriptions and annotations.

1. the corresponding body of personnel or industrial relations will have a maximum period of three working days to inform the register acts which are to be subject to inscription or annotation, counting the period from the day following that on which this will be releases in the terms established in the previous article.

2. inscriptions or annotations to the registry will be made by those in charge of its management within a maximum period of five working days counting from the day following the communication referred to in the preceding paragraph.

Article 11. Repair of the inscription or annotation.

1 when communication made possible vices of legality is deducted, the registry shall inform of personnel or industrial relations body that appropriate, which shall have a period of five working days from the communication of the repair to perform in his case, and with timely communication to stakeholders, relevant corrections to its correction suspending the obligation to perform the corresponding seat in the register until the same.

2. in any case, the General direction of the public function may urge the body responsible for the management of the rectification of any registered seat in cases in which not fit existing or legislation to the regulation contained in any Covenant, agreement, Convention or any other instrument of conventional character, Dante said responsible to proceed within the same period and with the same procedure as referred to in the preceding paragraph.

Article 12. Proof of identity.

Those responsible for conducting communications referred to in article 9 may use the following systems of identification and signature pursuant to article 13.2 of law 11/2007, of 22 June, electronic access of citizens to public services: a) the electronic signature system incorporated into the national identity document in any case.


(b) advanced electronic signature systems based on electronic certificate recognized provided that they have been admitted pursuant to the articles 15.2 of law 11/2007, of 22 June, and 23.3 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June, electronic services citizens access is partially developed.

CHAPTER V information about the registration data article 13. Protection and access to the registration data.

1. with periodicity semi-annual it address General of the function public shall draw up a newsletter statistical, without listed data of character personal, in which is will pick up the information added basic obrante in the registration, information that, in no case will make possible the identification direct or indirect of them holders and beneficiaries individual of them credits schedules and permissions Union object of registration.

2. in compliance with the provisions of article 20 of the organic law 15/1999, of 13 December, of protection of personal data, the personal data file 'Register of bodies representing staff and other resources of the Union', contained in the annex to this order, which shall belong to the General direction of the public function is created , of the Secretariat of State from administrations public with domicile in the c / Maria of Molina, no. 50, 28071 Madrid.

First additional provision. The communications system.

The communications provided for in this order shall be made in writing and preferentially through telematic means, guaranteeing in any case its security and confidentiality.

In the so-called of that such communications is relating to data relating to the affiliation Union will result of application it planned in the article 104 of the regulation of development of it law organic 15 / 1999, of 13 of December, of protection of data of character Personal, approved by the Royal Decree 1720 / 2007, of 21 of December.

Second additional provision. Agencies, universities and other public law entities not included in the scope of the table General of negotiation of the General Administration of the State.

1. them agencies, universities and others entities of right public to which makes reference the paragraph second of the article two of the present order will proceed to manage, through the instrument or tool computer that to the effect established, them inscriptions or annotations of those acts that according to the present order have the character of recordable, and that affect to its field of action.

2. the bodies concerned shall send with every six months to the General direction of the public function, through the system that is established, the information of the seats which have made.

3 correspond to the managing bodies of agencies, universities and other public entities affected by this additional provision the functions and duties conferred in articles 5, 9.1, 11.1 and 12 of this order in each case to the General direction of the public function, ministries, organizations, delegations and Subdelegations of the Government.

4. in any case, the General direction of the public function may urge the body responsible for the management of the rectification of any registered seat in cases that do not adapt to legislation or regulation contained in any Covenant, agreement, Convention or any other instrument of conventional character that was affected or covered by the provisions of article 27 of the law on the State budget for 2013.

Third additional provision. No increase of the expenditure public.

The development of this order will serve the criteria of rationalization, efficiency and economy in public spending, aimed at an orderly management, and will not involve any increase in public expenditure.

The media and expenditure materials that in each case are necessary for said development, will be provided by them departments ministerial with cargo to them credits already existing.

Fourth additional provision. Powers of control.

1. the Secretary of State for public administration may request the undersecretaries of the ministerial departments inclusion in corresponding plans and programs of inspection of the Ministry, for the control of compliance of the day and working hours of the staff that you enjoy any of schedules credits that must be subject to seat in the registration regulated in the present order. Likewise, said Secretary of State may request from the ministerial departments remission of a report, quarterly, the mentioned compliance.

2. the intervention General of the State, in the frame of them powers that has attributed, shall be the control of them remuneration of the personal understood within the field of application of the present order, according to it established in them articles 157 and following of the Law 47 / 2003, of 26 of November, General budget.

Available end first. Entry in force.

This order Ministerial will enter into force the day 1 of July of 2015.

Second final provision. Schools of development.

Empower the General direction of the public function to dictate the development and application of this order deemed appropriate instructions as well as to adopt their what if need to hold events and communications referred to in this order.

Madrid 19 February 2015.-the Minister of finance and public administration, Cristóbal Montoro Romero.

ANNEX personal data file - file name: 'Register of bodies representing staff and other resources of the Union'.

-Purpose and people or groups including: data of civil servants referred to in point (b) of article 4 of this order, in relation to article 6 collected acts, structured data in the sections referred to in article 4.

-Procedure of collection of data: communications of the address General of the function public and of them bodies of personal to the registration regulated in this order Ministerial.

-Structure basic and system of treatment: database. Data type: DNI, NIE or passport, surname, name and sex. Target data: Ministry or agency, unit, job that occupies. Functions: representative or trade union. Treatment system: mixed.

-Transfer of data: not scheduled.

-Responsible for the file: DG of the public function.

-Exercise of rights unit: Directorate General of public function: C/ María de Molina, 50, 28071 Madrid.

-Level security: high.