Tema 14 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1

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Basic Statute of Public Employees

Overview of the Statute

• The Basic Statute is regulated by Royal Legislative Decree 5/2015, which establishes the consolidated text of the law governing public employees.

• Objectives include establishing a statutory regime for public officials and determining applicable norms for labor personnel in public administrations.

Fundamental Principles

• Key principles outlined in Article 1 include:

• Service to citizens and general interests.

• Equality, merit, and capacity in access and professional promotion.

• Full compliance with laws and regulations.

• Professionalism, impartiality, transparency, evaluation, responsibility, collective negotiation rights.

Scope of Application

Applicability of the Statute

• Article 2 specifies that it applies to various levels of administration including:

• General State Administration.

• Autonomous community administrations.

• Local entities and public agencies linked to these administrations.

• Special provisions exist for researchers in universities regarding their specific needs under this statute.

Classification of Public Employees

Types of Public Employees

• Article 8 classifies public employees into three categories:

• Career officials: Permanently appointed through legal nomination.

• Interim officials: Temporarily appointed due to necessity or urgency under specific conditions.

• Labor personnel: Includes fixed-term or temporary workers as well as event-based staff.

Career Officials

• Defined under Article 9 as those linked permanently through statutory relations governed by administrative law; they perform essential functions related directly or indirectly to state powers or general interests.

Interim Officials

Regulations on Temporary Public Employees

Termination of Interim Employment

• The administration will formally end interim employment for various reasons, including the appointment of a permanent employee or organizational changes leading to position elimination.

• Other causes for termination include the expiration of the authorized term in their appointment and the conclusion of the reason that justified their hiring.

Coverage of Vacant Positions

• After three years from an interim employee's appointment, their relationship ends, and vacancies can only be filled by permanent employees unless no candidates are available.

• If a relevant job announcement is published within three years, interim employees may remain until it is resolved without financial compensation.

Rights and Regulations for Interim Employees

• Interim employees are subject to general regulations applicable to permanent staff as far as they align with their temporary status and urgent nature of their roles.

Labor Personnel Regulations

Definition and Contract Types

• Labor personnel in public administrations work under written contracts which can be fixed-term or indefinite based on contract duration.

Selection Procedures

• Public selection processes for labor personnel must adhere to principles of equality, merit, and capability. Temporary labor personnel also follow expedited procedures due to urgency.

Eventual Personnel Guidelines

Nature and Appointment

• Eventual personnel are appointed temporarily for specific trust or advisory functions funded through designated budget credits.

Conditions of Employment

• The governing bodies determine the maximum number of eventual positions available; these conditions must be publicly disclosed.

Directorial Staff Regulations

Definition and Criteria

• Directorial staff perform professional management functions defined by specific administrative norms. Their appointments consider merit, capacity, suitability, publicity, and competition principles.

Evaluation Standards

• Directorial staff undergo evaluations based on effectiveness, efficiency, accountability for management results relative to set objectives.

Rights and Duties of Public Employees

Individual Rights

Professional Rights and Career Progression in Public Service

Overview of Professional Rights

• The text discusses the progression in professional careers and internal promotions based on constitutional principles of equality, merit, and capacity through objective evaluation systems.

• It emphasizes the right to be informed about tasks and objectives within their service unit, highlighting transparency in public administration.

Legal Protections and Continuous Development

• Employees are entitled to continuous training and permanent updates of their professional knowledge during work hours.

• There is a strong focus on respect for personal dignity, including protection against sexual harassment and discrimination based on various personal attributes such as race or gender.

Work-Life Balance and Collective Rights

• The document outlines rights related to work-life balance, including vacations, permits, licenses, and retirement conditions as per applicable regulations.

• It mentions collective rights exercised by public employees such as union freedom, collective bargaining, participation in determining working conditions, strike rights while maintaining essential community services.

Career Advancement Framework

• Article 16 regulates career advancement for civil servants; it defines principles like equality and merit-based promotion opportunities.

• The concept of a professional career encompasses structured opportunities for advancement aligned with constitutional values.

Types of Career Progression

• Various modalities for career progression include horizontal (grade/category advancements without changing jobs), vertical (advancement within job structures), internal promotions from lower to higher classifications.

• Internal promotions must adhere to selective processes ensuring compliance with equality principles; candidates need specific qualifications and experience.

Evaluation Criteria for Promotion

• Promotion systems will assess professional trajectory based on quality of work performed, acquired knowledge, performance evaluations alongside other relevant merits.

Career Advancement and Evaluation in Public Administration

Access to Positions for Career Officials

• The statute allows career officials from the same subgroup to access specific bodies and scales, as determined by public function laws.

• Public administrations are encouraged to implement measures that promote internal selection processes for career advancement.

Professional Development Rights

• Labor personnel have a right to professional promotion, which will be facilitated through established procedures in labor statutes or collective agreements.

Performance Evaluation Systems

• Public administrations must establish systems for evaluating employee performance, measuring professional conduct and results achieved.

• Evaluation systems should adhere to principles of transparency, objectivity, impartiality, and non-discrimination while respecting employees' rights.

• Job continuity obtained through competitive processes is linked to performance evaluations conducted by each administration.

Horizontal Career Progression

• The implementation of horizontal career progression and complementary remuneration requires prior approval of objective evaluation systems as outlined in the statute.

Remuneration Rights

• Basic remuneration amounts and increments must be reflected annually in budget laws; increases cannot exceed limits set by state budget laws.

• Basic salaries for officials are classified into basic and complementary categories based on their classification group or subgroup.

Structure of Salaries

• Basic salaries include components such as base pay and seniority bonuses (trienios).

• Complementary salaries reflect job characteristics, professional development, or performance outcomes achieved by the official.

Extraordinary Payments

• Officials receive two extraordinary payments per year equivalent to one month's basic salary plus all complementary remuneration except specified exclusions.

Regulations on Basic Remuneration

• Basic remuneration is defined strictly within state budget laws, including assigned salaries based on classification groups without subgroups.

Complementary Remuneration Factors

• Complementary remuneration is determined by various factors including career progression, technical difficulty of roles, initiative shown by officials, and extraordinary services rendered outside normal hours.

Interim Official Compensation

Retributions and Duties of Public Employees

Overview of Retributions

• The text discusses the complementary retributions mentioned in Article 24, which will recognize triennial service periods prior to the statute's enactment.

• It states that public administrations will determine the salaries for trainee officials, ensuring they at least match those of their respective subgroups or groups.

• For labor personnel, salaries are governed by labor legislation and applicable collective agreements, adhering to Article 21 of the current statute.

• Article 28 specifies that officials will receive indemnities related to service duties.

• Article 29 allows public administrations to allocate a percentage of salary mass for financing pension plans or insurance contracts for employees.

Deductions and Rights

• Article 30 outlines deductions from salaries due to unfulfilled work hours without disciplinary sanction implications.

• Employees exercising their right to strike will not earn wages during that period; however, this deduction is not considered punitive nor does it affect social benefits.

Code of Conduct for Public Employees

General Principles

• Chapter 6 (Articles 52–54) establishes the code of conduct requiring public employees to perform tasks diligently while upholding constitutional values and legal frameworks.

• Key principles include objectivity, integrity, neutrality, responsibility, confidentiality, transparency, and respect for equality between genders.

Ethical Standards

• Employees must respect constitutional norms and prioritize citizens' interests objectively while avoiding personal biases or conflicts of interest.

• They should maintain loyalty towards their administration and uphold fundamental rights without discrimination based on various personal attributes.

Conflict Avoidance

• Public employees must refrain from engaging in activities that could lead to conflicts of interest or accepting favors that provide unjust advantages.

• They are expected to act efficiently while ensuring compliance with organizational goals without influencing administrative processes unfairly.

Responsibilities

Public Service Conduct and Employment Regulations

Principles of Public Service Conduct

• Public servants must maintain confidentiality regarding classified information and matters legally prohibited from dissemination, ensuring discretion in their roles.

• Article 54 outlines ten principles of conduct for public employees, emphasizing respect towards citizens, superiors, and colleagues.

• Employees are required to perform their duties diligently within established working hours and comply with professional instructions unless they violate legal standards.

• Public servants should reject gifts or favors that exceed customary social courtesies to avoid conflicts of interest.

• They must ensure the preservation of documents for future accountability and keep their qualifications updated.

Access to Public Employment

General Principles

• Article 55 states that all citizens have the right to access public employment based on constitutional principles of equality, merit, and capacity.

• Selection processes for public positions must guarantee transparency, impartiality, professionalism, and independence in accordance with constitutional guidelines.

Requirements for Participation

• Article 56 specifies general requirements for candidates: Spanish nationality (with exceptions), functional capacity for tasks, age limits aligned with retirement laws, and no prior disciplinary separations from public service.

• Candidates must possess the necessary educational qualifications relevant to the position applied for.

Special Considerations

• For non-Spanish nationals from EU member states, equal access to public employment is granted except where it involves direct participation in state power or safeguarding state interests.

Access to Employment for Foreign Nationals and Persons with Disabilities

Nationality Requirements for Employment

• The nationality of the spouse of Spanish citizens and EU nationals is recognized, provided they are not legally separated. This extends to their descendants under 21 or dependent adults.

Access to Public Employment

• Foreigners referred to in previous sections, along with those legally residing in Spain, can access public administration jobs on equal terms as Spaniards.

• Exemptions from nationality requirements for public employment can only be made by law due to general interest.

Conditions for International Organizations

• Spanish nationals applying for positions in international organizations must meet specific qualifications and pass selection processes but may be exempt from certain tests if already qualified.

Employment Opportunities for Persons with Disabilities

• A minimum of 7% of public job vacancies will be reserved for individuals with disabilities who meet selection criteria, aiming progressively towards 2% representation across all public administrations.

• At least 2% of these reserved positions should specifically cater to individuals with intellectual disabilities.

Selection Processes and Fairness

• Selection bodies must be impartial and professional, ensuring gender parity among members. Political appointees cannot participate in these bodies.

• Open selection processes will guarantee free competition while adhering to internal promotion rules and positive discrimination measures.

Evaluation Criteria in Selection Processes

• Selection procedures will align testing methods closely with job performance requirements, including practical assessments when necessary.

• Tests may assess knowledge, analytical skills, language proficiency, physical abilities, and other relevant competencies.

Objectivity in Selection Systems

• Public administrations may establish specialized bodies for organizing selection processes that ensure objectivity through various assessment methods such as psychometric tests or medical evaluations.

Types of Selection Systems

• Career civil service selections will primarily use opposition and competitive examination systems that include capability assessments. Exceptions allowing solely merit-based evaluations require legislative approval.

Regulations on Public Employment Selection Processes

Role of Trade Unions in Selection Processes

• Trade unions are not allowed to propose more candidates than the number of available positions unless specified in the job announcement.

• If an equal number of candidates is proposed as there are positions, additional candidates may be requested to cover any withdrawals before appointment.

Requirements for Career Civil Servants

• Article 62 outlines that becoming a career civil servant requires passing a selection process, receiving an official appointment, and taking an oath to uphold the Constitution.

• Candidates must prove they meet all requirements after passing the selection process; otherwise, their candidacy will be voided.

Stabilization of Temporary Employment

• The law allows for additional measures to stabilize temporary employment within public sectors, including structural positions occupied temporarily for at least three years prior to December 31, 2020.

• Positions affected by stabilization processes must have been included in previous public employment offers and remain unfilled by the time new laws take effect.

Coordination and Publication of Job Offers

• Job offers related to stabilization must be approved and published by June 1, 2022. All selection processes should conclude by December 31, 2024.

• The temporary coverage rate should remain below 8% for structural positions while ensuring compliance with principles like equality and merit during selections.

Selection Mechanisms and Financial Implications

• The selection system will primarily use a competitive examination format with experience accounting for up to 40% of total scores; non-eliminatory exercises may occur in opposition phases.

Compensation and Employment Regulations

Compensation for Temporary Labor

• The compensation for temporary labor will consist of the difference between a maximum of 20 days of fixed salary per year of service, capped at 12 monthly payments, and the severance pay due upon contract termination.

• If severance is recognized through judicial means, amounts will be compensated accordingly. Candidates not participating in the stabilization selection process are not entitled to economic compensation.

Reporting Requirements

• Public administrations must report to the Ministry of Finance and Public Function regarding the number of structurally occupied temporary positions within each affected area.

Loss of Career Civil Servant Status

Causes for Loss

• Article 63 outlines causes for losing career civil servant status, including voluntary resignation, loss of nationality, total retirement, or disciplinary separation from service.

Resignation Procedures

• Voluntary resignation must be expressed in writing and accepted by administration unless under disciplinary proceedings or criminal charges against the individual.

Nationality and Ineligibility

Impact on Employment Status

• Loss of Spanish nationality or that from EU member states affects civil servant status unless new nationality is acquired simultaneously.

Disciplinary Actions

• A firm sentence imposing absolute disqualification results in loss of civil servant status across all roles; special disqualification leads to loss only in specified roles.

Retirement Regulations

Types and Conditions

• Retirement can be voluntary (upon request), mandatory (upon reaching legal age), or due to permanent incapacity.

Age Considerations

• Mandatory retirement occurs at age 65 but may extend up to 70 years based on public function laws.

Rehabilitation as a Civil Servant

Reinstatement Process

• Individuals who lost their civil servant status due to nationality loss or permanent incapacity can request reinstatement once the objective cause has ceased.

Exceptional Cases