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In compliance with the commitments made by the Government to achieve maximum austerity and effectiveness in the public sector in general and in particular in the business sector, the eighth additional provision of the Royal Decree-Law was included. 3/2012, of 10 February, of urgent measures for the reform of the labour market.
The above mentioned additional provision not only covers these principles but also introduces rational and logical criteria for adjustment in the remuneration of the top managers and managers of the state public sector. To this extent, in the current economic crisis, it is intended to contribute to economic stability and to the general and common interest of citizens.
In particular, the eighth additional provision classifies the remuneration of the top managers and managers of the state commercial companies, while the determination of such matters is different to the government. the rest of the entities covered by the scope of this Regulation. In proceeding with the development of that provision, the present royal decree provides for uniform treatment by extending the remuneration scheme which provides for all entities within its scope.
Together with the previous principles of austerity, and efficiency, this royal decree collects the transparency, minimum required of the entities and their top managers and directors. With this, good governance criteria are applied in the area of listed companies, financial institutions, and emanating from international agreements and agencies, adapting these advances to the nature of the public sector.
In its virtue, on the joint proposal of the Minister of Finance and Public Administrations and the Vice President of the Government and Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 2 March 2012,
DISPONGO:
Article 1. Object.
The present royal decree is intended to regulate the remuneration of top managers and managers in the public sector and other public sector entities, guaranteeing the principles of austerity, efficiency and transparency in its management.
Article 2. Scope.
1. This royal decree shall apply to the State public sector which is composed of the entities provided for in Article 2 (1) of Law 47/2003 of 26 November 2003, General Budget, with the exception of point (d) of the same paragraph. Cited article.
2. For the purposes of this royal decree the state public sector is classified into:
(a) Business public sector, which is integrated by the entities referred to in Article 3 (2) of Law 47/2003 of 26 November.
(b) Other entities in the State public sector provided for in Article 3 (1) and (3) of Law 47/2003 of 26 November, except the General Administration of the State.
c) The General Administration of the State.
Article 3. Definitions.
1. For the purposes of this royal decree,
following definitions shall apply:(a) Responsible maximum: the Executive Chairman, the Executive Director of the Boards of Directors or of the higher governing bodies or the administration of the entities referred to in Article 2 (2) (a) of this royal decree with executive functions or, failing that, the Director General or equivalent of such bodies or entities.
In state commercial companies in which the administration is not entrusted to a board of directors it shall be responsible for the administrator.
(b) Directives: they are those who are part of the board of directors, of the higher organs of government or administration, or acting under their dependence or that of the maximum responsible, exercising separate functions with autonomy and liability, only limited by the criteria and instructions issued by the maximum responsible or the bodies referred to in Article 2 (2) (a) and (b) of this royal decree.
When the functions of President and Director General or equivalent are exercised by two different persons, the dependency may take place interchangeably with respect to the President or the Director General or equivalent.
In any case they will be considered to be managers to whom this condition is attributed in their regulatory legislation.
2. They shall not have the consideration of a senior official or manager who is linked to the entity by way of business.
Article 4. Recruitment scheme.
1. Those who assume the functions of the highest responsibility of the state mercantile societies, as part of their board of directors or being administrators in the absence of board of directors, will be professionally linked with the According to the provisions of the Royal Decree-Law 3/2012, of 10 February, of urgent measures for the reform of the labour market, by the provisions of this royal decree, it will be governed by the provisions of this royal decree. established in the Social Statute, by the guidelines issued by the administrative body and in its Case of the General Board or equivalent body, by the civil and commercial law which will be applicable and by the will of the parties.
2. The maximum responsible persons not provided for in the previous paragraph and the directors shall be professionally linked by a high management contract, which shall be governed by the provisions of the eighth Royal Decree-Law 3/2012, of which 10 February, for urgent measures for the reform of the labour market, by the provisions of this royal decree, by Royal Decree 1382/1985 of 1 August, which regulates the employment relationship of a special character of senior management, as soon as do not oppose this royal decree and the will of the parties.
Article 5. Classification criteria.
1. The entities referred to in Article 2 (2) (a) of this royal decree shall be classified in groups, taking into account their characteristics, in accordance with the following criteria:
a) Volume or business figure.
b) Number of workers.
c) Need or not for public funding.
d) Characteristics of the sector in which it develops its activity: complexity, strategic sector, internationalization.
e) Investment volume.
2. The entities referred to in Article 2 (2) (b) of this royal decree shall be classified in groups, having regard to their characteristics, in accordance with the following criteria:
a) Need or not for public funding.
b) Activity volume.
c) Number of workers.
Article 6. Competence for classification and effects.
1. It is for the Minister of Finance and Public Administrations to classify the entities, in accordance with their nature and the criteria laid down in the previous Article.
Entities will be classified into three groups. This classification shall determine the level at which the institution is situated for the purposes of:
(a) The maximum number of members of the governing board and the higher governing bodies or administration of the entities, if any.
(b) Organizational structure, with the minimum and maximum number of directors being fixed, as well as the maximum amount of total remuneration, with determination of the maximum percentage of the position and variable complement.
2. Unless otherwise provided for in law, the maximum number of members of the governing board and senior government or administrative bodies of the institutions may not exceed:
a) 15 members in entities in group 1.
b) 12 members in entities in group 2.
c) 9 members in group 3 entities.
Article 7. Remuneration.
1. The remuneration to be set in the commercial or senior management contracts is classified as basic and complementary.
2. The basic remuneration, which constitutes the minimum compulsory remuneration, shall be fixed by the Minister of Finance and Public Administrations according to the group in which the institution is situated, in accordance with Article 6 of this royal decree.
Basic remuneration may not exceed, in annual computation, the following amounts:
a) Group 1 entities: EUR 105,000.
b) Group 2 entities: EUR 80,000.
c) Group 3 entities: EUR 55,000.
3. The supplementary remuneration includes a post supplement and, where appropriate, a variable supplement.
(a) The post-complement, which shall pay back the specific characteristics of the functions developed or the managerial positions performed, shall be assigned by the person exercising the control or financial supervision of the institution, by the shareholder or, failing that, by the ministry of membership, according to the following criteria:
1. External competitiveness, understanding the remuneration situation of the manager in comparison with similar positions in the relevant market.
2. Position-dependent organizational structure.
3. The relative weight of the position within the organization.
4. Level of responsibility.
The position complement cannot exceed the maximum percentage set for the group in which the entity is classified.
(b) The variable supplement, which shall be of a potential nature, shall pay back the achievement of previously established objectives according to parameters assessed by the person exercising the control or financial supervision of the institution, by the shareholder or, failing that, by the ministry of membership, so his perception is conditioned to the achievement of objectives.
The variable add-on cannot exceed the maximum percentage set for the group in which the entity is classified.
4. Remuneration in kind which, where appropriate, shall be collected for the purposes of meeting the limits of the maximum amount of the total remuneration.
5. The structure and the amount of the remuneration of the maximum responsible and managers who are treated as remuneration to senior officials of the General Administration of the State shall be in accordance with the provisions of the General Administration. the commercial or senior management nature of the contract which, where appropriate, links them to the entity.
Article 8. Assists.
1. The levying of the remuneration provided for in this royal decree shall be incompatible with the recovery of compensation for assistance, as referred to in Article 27 (1) (a) of Royal Decree 462/2002 of 24 May 2002 on the compensation for the service, by concurrency to the meetings of the governing bodies or the administration of public bodies and the Boards of Directors of State-owned commercial companies.
2. The classification of institutions resulting from the criteria laid down in Article 5 of this royal decree shall be taken into account by the Minister of Finance and Public Administrations for the purposes of fixing the maximum amounts to be paid in the concept of assistance as provided for in Article 28 (1) and (2) of Royal Decree 462/2002 of 24 May 2002.
Article 9. Economic compensation.
Not to be considered as compensation for the extinction of paragraph two of the eighth additional provision of Royal Decree-Law 3/2012, of February 10, of urgent measures for the reform of the labor market, the economic compensations legally established by reason of incompatibility linked to the cessation of the charge.
Article 10. Transparency.
1. Without prejudice to the legal publicity to which they are obliged, the entities included in the scope of this royal decree shall disseminate through their website the composition of their administrative, management, management and control bodies, including the professional data of the top managers and managers.
2. The remuneration to be collected by the top managers and managers shall be collected annually in the entity's activities.
Additional disposition first. Model of contracts.
The Minister of Finance and Public Administrations will approve the models of commercial and senior management contracts to which this royal decree refers, which will have the prior report of the State of the department.
Additional provision second. Contract adaptation.
The content of the contracts concluded, with the top managers and management staff, prior to the entry into force of the Royal Decree-Law 3/2012 of 10 February, must be adapted to the terms established in this royal decree before 13 April 2012.
Adaptation may not produce any retributive increase for the top managers or managers in relation to their previous situation.
Final disposition first. Amendment of Royal Decree 1382/1985 of 1 August, governing the special employment relationship of senior staff.
A paragraph 4 is added to Article 1 of Royal Decree 1382/1985 of 1 August, which regulates the special employment relationship of senior staff, with the following wording:
" 4. This royal decree will apply to the maximum responsible and managerial staff referred to by Royal Decree 451/2012 of 5 March on the remuneration of the maximum responsible and managers in the business and other public sector. entities, which are not linked by a commercial relationship, in that which does not oppose the same or to Royal Decree-Law 3/2012 of 10 February, of urgent measures for the reform of the labour market. "
Final disposition second. Regulatory enablement.
The Minister of Finance and Public Administrations is enabled to develop what is foreseen in this royal decree.
Final disposition third. Adaptation of statutes and operating rules.
Entities shall take the necessary measures to adapt their internal operating rules or regulations to the provisions of this royal decree within the maximum period of three months from the communication of the classification.
Final disposition fourth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on March 5, 2012.
JOHN CARLOS R.
The Vice President of the Government and Minister of the Presidency,
SORAYA SAENZ DE SANTAMARIA ANTON
