The Organic Law 19/2003, of December 23, of amendment of the Organic Law 6/1985, of July 1, of the Judiciary, establishes that the duration of the general working day in the annual computation and of those days have to be carried out in special dedication, and their specific characteristics, shall be determined by a decision of the competent authority of the Ministry of Justice, after having been informed by the Autonomous Communities with powers assumed and negotiated with the most representative trade union organisations.

addition, it is for the Ministry of Justice to determine the time-limits and special computes where the attention of urgent and non-deferred procedural action is over hours. perform.

This Ministerial Order has been informed by the General Council of the Judiciary, the Autonomous Communities with responsibilities assumed and negotiated with the most representative trade union organizations.

In its virtue, I have:

First. Scope of application.

This Order shall be applicable to staff at the service of the Administration of Justice, governed by Article 470 of the Organic Law 6/1985 of 1 July of the Judicial Branch.

Second. Rules on the work schedule.

1. The distribution of the day and the fixing of the schedules shall be determined by means of the calendar of work which, on an annual basis, shall be approved by the competent authority of the Ministry of Justice and the Autonomous Communities with assumed powers, in their respective areas, following a favourable report by the General Council of the Judiciary and negotiation with trade union organisations.

2. The work schedule is the technical instrument through which the distribution of the day is carried out and the establishment of the schedules of the staff at the service of the Administration of Justice.

3. The competent bodies of the Ministry and, where appropriate, of the Autonomous Communities with powers assumed, shall approve each year before 28 February of each year their work schedules, which shall comply with the following rules:

a. The work schedule will be determined according to the number of annual working hours and must express the hours of direct attention to the citizens, the number of hours to be carried out each month and the schedule to be carried out during the working day summer.

b. Time flexibilities may be established at the entry and exit of the work, ensuring a number of hours of continuous concurrency.

c. Schedules will be subject to the needs of the service, responding to the criterion of providing care to citizens.

d. The annual distribution of the day may not alter the number of days of holidays established by the regulations in force.

e. The schedules to be established, including those relating to traditional festivities, must in any case respect the schedule of public hearing, as well as the provisions of Article 135 of Law 1/2000 of 7 January, of Civil Procedure with in respect of the submission of written submissions.

f. The competent bodies of the Ministry of Justice and, where appropriate, of the Autonomous Communities with powers assumed in their respective fields, shall approve the working day during the traditional holidays, which may not exceed a maximum of five days per year in the same locality.

g. In addition, the respective bodies, within their territorial scope, will give the necessary publicity to their respective calendars, in order to ensure their knowledge, both by public employees and citizens. interested.

Third. Duration of the general working day.

The minimum duration of the working day of the Administration of Justice shall be thirty-seven and a half hours of effective average annual work on an annual basis, equivalent to 1,625 hours per year.

Fourth. Special dedication regime days.

Officials with a special dedication regime will perform a maximum working day of forty hours per week.

The Ministry of Justice and the Autonomous Communities with powers assumed in their respective territorial areas, prior to the report of the General Council of the Judiciary, will distribute this day and set the schedules to perform. Similarly, it shall be for the Ministry of Justice or, where appropriate, the Autonomous Communities with assumed powers, to determine which services or posts within the Working Party Relation shall be provided under special dedication, the characteristics of which will have to be negotiated with the trade union organisations in their respective areas.

Fifth. On-call service.

The performance of the on-call services will be carried out in accordance with the provisions of the Resolution of 4 June 2003, of the Secretariat of State of Justice, which is amended on 5 December 1996, give instructions on working hours and timetables in the field of the administration of justice, without prejudice to the regulation contained in Title III of Regulation 1/2005 of 15 September 2005 on the Judicial proceedings and the regulation which, within its jurisdiction, may be established by the Council General of the Judiciary.

Sixth. Reduced day by special interest.

1. In those cases where, in accordance with the regulatory provisions of this situation, recognition of a reduced day proceeds, this shall be understood as covering the performance of the uninterrupted five-hour working day, Monday to On Friday, the perception of the person in this situation, of 75% of the salaries that would correspond to the performance of the entire day, corresponded to him.

2. This reduction in the working time may not be recognised by the nature and characteristics of the job being performed under special dedication.

3. This reduced-day mode will be incompatible with the reductions in the hours provided for in Articles 48 and 49 of Law 7/2007 of 12 April of the Basic Staff Regulations in conjunction with Article 30 of Law No 30/1984 of 2 March 1984. August, and in the fifth additional provision of Royal Decree 365/1995 of 10 March, approving the Regulation of Administrative Situations of Civil Servants of the General Administration of the State.

Seventh. Time offsets.

1. Compliance with the established timetable shall not justify the suspension or interruption of urgent and non-deferred proceedings or proceedings, taking into account these hours of extension of the working hours beyond the time set, in the manner in which the next:

a. Every hour worked between seventeen and twenty-two hours, Monday through Friday, as two hours effective, or the corresponding proportional share.

b. Every hour worked from twenty-two hours until seven thirty hours of the following day, Saturdays, Sundays and holidays, as two and a half hours or the corresponding proportional share.

2. The above compensation shall not apply during the provision of the on-call service, nor shall it be applicable in cases where the provision of services in the slots referred to is the result of compliance of special days which have established certain posts, of paid-time extension agreements or, where appropriate, of the voluntary undertaking of the flexible part of the timetable.

3. If the above circumstances result in excess of hours worked on the monthly working day, they may be offset within the flexible timetable of the month following the month in which the excess is produced and, if not possible, will be compensated by days of permission.

4. The computation of the hours actually worked shall be carried out for calendar months.

Eighth. Summer Day.

During the period from June 16 to September 15, both inclusive, an intensive working day of thirty-two and a half hours will be established, to be carried out by the officials with a working day. general work, and thirty-five hours a week, to be carried out by officials with special dedication.

Ninth. Validity and repeal.

This Order shall enter into force on the day following that of its publication in the "Official Gazette of the State", except in those cases requiring the prior approval of the employment relationship.

The Resolution of 5 December 1996, of the Secretariat of State of Justice, which provides instructions on working hours and timetables in the field of the administration of justice, is hereby repealed as soon as the Resolution.

Madrid, March 1, 2012. -Minister of Justice Alberto Ruiz-Gallardón Jiménez.