Tema 24 - Parte 2 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1

Name: Tema 24 - Parte 2 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1
Uploaded: 2024-07-19T08:44:06.000Z
Duration: 2 h 44 min 28 s

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Employment Stabilization Legislation Overview

Discussion of Law 6/2018 regarding budgetary provisions that authorize an additional rate for stabilizing temporary employment in public service. This includes positions that have been occupied temporarily for at least three years prior to December 31, 2020.

Clarification that affected positions must be included in public employment offers and not filled by the time the law comes into effect. Processes must be published before June 1, 2022, with resolutions completed by December 31, 2024.

Key Provisions of Stabilization Processes

The stabilization process aims to maintain a temporary coverage rate below 8% of structural positions while ensuring principles of equality and meritocracy are upheld during selection processes. Negotiations may occur across different administrative levels.

Selection mechanisms will involve a combination of competition and evaluation phases, where experience is heavily weighted in scoring criteria (40%). Non-eliminatory exercises may also be part of the assessment process.

Compensation Guidelines

A compensation scheme is outlined for interim or temporary staff who do not pass stabilization processes, offering up to 20 days' pay per year served, capped at twelve months’ worth of payments based on their active service duration.

In cases where judicial recognition leads to contract termination compensation claims, adjustments will be made accordingly; non-participation in selection does not entitle candidates to financial compensation.

Reporting Requirements

Public administrations are mandated to report the number of structurally occupied temporary positions to the Ministry of Finance as part of ongoing monitoring efforts related to employment offers under this legislation.

Regulations on Employment Stabilization in Andalucía

Overview of Negotiation and Selection Processes

The regulations allow for negotiation within various territorial areas of the State, including autonomous communities and local entities, while adhering to established deadlines as per the additional provision.

The stabilization processes outlined in the sixth additional provision will include vacancies that have been temporarily filled by personnel with a prior relationship before January 1, 2016. This is particularly relevant in Andalucía under Decree Law 12.

Legislative Framework

The law from November 29, 2022, regulates selection processes stemming from Law 20/2021 aimed at reducing temporary employment in public service. It establishes urgent measures for these procedures.

The objective is to approve necessary urgent measures to regulate stabilization processes derived from Law 20/2021 and expedite selection procedures for interim personnel within the General Administration of the Junta de Andalucía.

Common Criteria for Stabilization Processes

Article 2 sets forth common criteria applicable to stabilization processes concerning temporary employment within both general administration and health services personnel in Andalucía.

Selective processes will be conducted through independent calls separate from ordinary selection processes, ensuring clarity and organization in recruitment efforts.

Merit evaluation will primarily consider experience related to specific roles or specialties involved, as detailed in articles 3 through 6 of the regulation. This ensures that candidates are assessed based on relevant qualifications and experiences.

Inclusion of Vacancies

Temporary employment stabilization resulting from Law 20/2021 will encompass positions included in previous decrees regarding public job offers aimed at stabilizing temporary employment across various sectors within the Junta de Andalucía's administration.

Specific decrees (Decree 263/2021 and Decree 91/2022) outline public job offers for stabilizing temporary positions across different sectors including healthcare services under the Andalusian Health Service framework.

Selection Systems and Evaluation Metrics

For statutory personnel within health centers, selective processes will not require prior regulatory frameworks as stipulated by earlier laws; instead, calls will dictate process regulations based on current legislation.

The selection system involves a competitive examination where an eliminatory theoretical-practical exercise constitutes part of the assessment process; overall scoring combines results from both opposition phases and merit evaluations equally weighted at fifty percent each.

Regulations for Health Service Personnel Selection

Evaluation of Professional Merits

50% of the evaluation will consider services rendered in Andalusian health centers as fixed statutory personnel in another specialty or professional category, contributing up to 20% of the total score in this merit section.

Other merits include evaluations from exams passed for entry into the desired specialty or professional category for statutory personnel and civil servants.

The specialist title in health sciences required for entry into the desired specialty must be obtained through completion of a full residency program recognized by the competent Ministry of Education.

For A1 and A2 subgroup personnel, possessing a doctorate in health sciences is valued, especially if awarded with honors from accredited training courses recognized by national health accreditation bodies.

Non-accredited training that has been organized or endorsed by public law corporations, public utility associations, and trade unions involved in the National Health System will also be considered.

Special Considerations for Employment Stabilization

The employment stabilization processes derived from specific legal provisions do not require prior regulatory compliance within the context of civil service personnel at Andalusian health centers.

Calls for applications will determine regulations based on Law 20/2021 regarding employment stabilization processes affecting statutory and civil service personnel.

An exceptional selection system will apply only once during these stabilization processes, focusing on evaluating merits claimed by candidates according to established criteria.

Scoring Criteria

The maximum score will result from summing points assigned to each merit detailed within this article; professional merits account for 60% while other merits contribute 40%.

Professional merits consist of evaluating services provided as statutory or civil service personnel, with different scoring based on whether services were rendered in the same body/specialty/category sought or similar roles in other public administration healthcare settings.

Entry Requirements for Health Specialties

Overview of Entry Qualifications

The entry into health specialties requires a recognized qualification obtained through a complete residency training program in the EU or equivalent foreign programs validated by the relevant educational authority.

A doctoral degree in health sciences is valued, especially if awarded with honors from accredited training courses recognized by national health accreditation bodies.

Accreditation and Training Recognition

Non-accredited training may still be considered if it has been organized or endorsed by public corporations, professional associations, or trade unions involved in the national health system.

Various entities such as public health schools and accredited centers are responsible for continuing education for healthcare professions.

Administrative Processes and Timelines

Selection processes for civil service positions within the Andalusian Health Service will follow specific timelines outlined in Law 20/2021, starting with a 10-day application period post-publication of each call.

After applications close, provisional lists of accepted and rejected candidates will be published within two months, allowing five days for candidates to rectify any exclusion reasons.

Finalization of Selection Process

Following corrections to exclusions, definitive lists will be approved within ten days. For competitive selection processes, results will be communicated after six months.

The final resolution regarding job offers must occur within one month after listing successful candidates; this can include personal appearances or remote methods like video conferencing.

Documentation Submission Guidelines

Selected individuals have five business days to submit required documentation following the vacancy offer publication. Compliance checks will lead to formal appointments within one month thereafter.

Procedures for Application and Documentation Submission

Overview of Application Procedures

The transcript discusses the procedures for submitting applications, including documentation requirements, rectifications, and appeals related to selection processes.

It mentions that the submission of required documentation may be replaced by a single act involving personal appearances of selected individuals at designated times set by the administration.

Merit Evaluation Process

Aspirants must submit their merit accreditation along with their application, which includes proof of payment or exemption from registration fees.

The document references Decree 132/2021, which regulates the provision system for managerial positions within the Andalusian Health Service.

Regulation of Managerial Positions in Healthcare

Objectives and Scope

The decree aims to regulate the provision system for managerial and intermediate positions in healthcare centers under the Andalusian Health Service based on principles like equality, merit, capacity, and publicity.

Definition of Managerial Roles

Managerial positions are defined as those requiring mutual trust due to special responsibilities and technical competencies. They operate with autonomy limited only by executive directives.

Intermediate roles involve planning, executing, and controlling multiprofessional teams to achieve health objectives set by relevant authorities.

Provision System for Managerial Positions

Provision Mechanism

Article 2 outlines that managerial positions will be filled through free designation systems ensuring equality and merit-based evaluations.

Call for Applications

Article 3 states that calls for filling these positions will be published online and specify job characteristics along with eligibility criteria.

Application Requirements

Specific Criteria

Calls will detail specific requirements such as exclusive dedication and incompatibility clauses per existing laws governing public service personnel.

Submission Timeline

Applications must be submitted within ten business days following publication in the official bulletin.

Electronic Submission Process

Digital Application Protocol

All application-related processes must occur electronically according to established administrative procedure laws. This includes providing necessary access information in announcements.

Documentation Submission

Procedures for Management Position Applications

Technical Project Submission Requirements

Candidates must submit a technical management project along with their application, adhering to the guidelines set forth in the resolution of the call for applications as per Article 4 of Decree 132/2021.

Eligibility Criteria for Participation

Any individual meeting the requirements specified in the call can participate without needing prior affiliation as a civil servant or statutory personnel within the National Health System.

Evaluation Process of Applications

The General Directorate responsible for personnel will evaluate candidates' applications according to the provisions outlined in the resolution when filling medical and nursing management positions.

Reports on Candidate Suitability

For centers governed by Decree 462/1996, reports from either the medical board or nursing board will be requested regarding candidate suitability, which must be submitted within ten days.

Assistance in Documentation Review

A working group will assist the General Directorate in reviewing documentation, including resumes and technical management projects submitted by candidates applying for managerial positions within health centers.

Decision-Making and Notification Procedures

Proposal Submission Timeline

After evaluating candidacies, the General Directorate will present a proposal to management for resolving the call within six months following its publication date.

Resolution Publication and Appeal Process

The management of Andalusian Health Service will issue a motivated resolution concluding the procedure, which may declare it void; this resolution is published on their website and official bulletin. An optional appeal can be filed against this decision.

Management Personnel Designation

Annual Evaluation Criteria

Management personnel are appointed by service management and are subject to annual evaluations based on effectiveness, efficiency, responsibility concerning results, and alignment with public policy objectives.

Appointment Conditions Based on Employment Status

If an appointee holds fixed status as statutory personnel or has specific academic affiliations (e.g., university faculty), their appointment follows standard procedures established by service management. Otherwise, hiring aligns with high-level employment regulations under Royal Decree 1382/1985.

Intermediate Position Provisioning Regulations

Directorial Authority Over Appointments

The appointment of individuals occupying directorial roles is managed by service leadership through motivated resolutions at any time during their tenure.

Merit-Based Selection System

Intermediate position appointments within health centers are conducted via a merit-based competition system according to established bases outlined in relevant calls for applications.

Call Specifications and Candidate Requirements

Call Publication Details

Calls for intermediate position coverage are issued by competent personnel authorities and published both online and in official bulletins detailing job identification and characteristics required from applicants.

Professional Merit Evaluation Criteria

Evaluations consider professional merits related to aptitude, experience in healthcare management, educational background, research activities of candidates alongside essential competencies necessary for job performance defined during evaluation processes.

Process of Valuation and Selection Procedures

Valuation Process for Proposals

The valuation process for proposals is outlined in Article 12a, focusing on the evaluation by professionals assigned to the unit.

In case of a tie in final qualifications among candidates, priority will be given to individuals from the underrepresented gender (less than 40% presence) in specific positions.

Gender Equality Measures

The criteria for resolving ties are established based on gender representation, ensuring that those from the less represented sex are prioritized. This aligns with Law 12/2007 promoting gender equality in Andalucía.

Negotiations with personnel representatives may lead to additional positive action measures while respecting principles of equality, merit, and capacity as per various legal articles.

Application Submission Guidelines

Applications must be submitted within ten working days following the publication of the call in the official bulletin of the Junta de Andalucía. Specific positions must be clearly indicated in applications.

Candidates are required to submit documentation proving their qualifications and merits but are not obligated to provide documents already present in their personal files held by the Andalusian Health Service. A management project related to the position must also be included.

Electronic Submission Requirements

All application processes will occur exclusively through electronic means as mandated by Article 14,2 of Law 39/2015, which outlines necessary access information for applicants.

Eligibility Criteria for Participation

Who Can Participate?

Any individual meeting eligibility requirements specified in the call can participate; this includes various categories such as permanent statutory personnel or fixed labor staff linked to health systems.

Composition and Functions of Selection Committees

Structure of Selection Committees

The selection process will be evaluated by a committee composed according to specific guidelines:

The president will be appointed from leadership at the relevant health center.

Various vocal members will represent different levels and areas within healthcare settings involved in recruitment processes.

Member Designation Criteria

Vocal members include:

One from senior management,

One from intermediate roles at equal or higher hierarchical levels,

Others proposed by staff councils or professional associations relevant to healthcare specialties involved in recruitment efforts.

Balanced Representation Principle

Selection Process for Intermediate Positions

Overview of the Selection Committee's Role

The selection committee is responsible for evaluating candidates based on the requirements outlined in the call for applications, ensuring that at least 40% of designated members are involved in each evaluation process.

The evaluation will consist of two phases: the first phase can allocate up to 60% of total points, while the second phase must account for a minimum of 40%.

Phase One: Curriculum and Professional Competence Evaluation

The first phase involves assessing candidates' curricula and essential professional competencies necessary for the intermediate position. This includes aspects such as clinical care, teaching, research, and management.

Candidates linked to specific positions will have their qualifications evaluated according to established regulations regarding university and health institution collaborations. A minimum score is required to proceed further in the selection process.

Phase Two: Project Presentation and Defense

In the second phase, candidates who pass the first stage must publicly present and defend their management project related to the position they are applying for. Deliberations by the selection committee remain confidential.

The assessment from professionals associated with the unit will contribute up to 20% of this phase's total score, as defined by specific guidelines in the call for applications.

Finalizing Selection Results

After evaluations are complete, a provisional resolution proposal will be submitted to healthcare center management detailing candidate scores; results will be published online with an opportunity for appeals within 15 days post-publication.

Following this process, appointments will occur within six months after publication in official bulletins, concluding with a formal resolution from healthcare center management regarding selected candidates.

Appointment Terms and Responsibilities

Appointed individuals will serve a four-year term subject to annual evaluations based on effectiveness and efficiency criteria aligned with public policy objectives set forth during their tenure.

Evaluation Process for Intermediate Positions

Overview of Evaluation Criteria

Every four years, an evaluation will assess the professional performance of the completed project and any new project proposed. A favorable outcome will extend the appointment for another four years.

The evaluation is conducted by a committee with the same composition as that established for selection, ensuring consistency in assessment standards.

Provisional Continuation and Reporting Requirements

If no evaluation process has started after four years from appointment or its extension, the individual will continue in a provisional capacity for six months while still adhering to mandatory evaluation systems.

Within 30 days of receiving their report on unit results and new projects, the center's management must convene the evaluation committee. Failure to submit this report on time results in termination from the intermediate position.

Exceptional Circumstances and Communication Protocol

In exceptional cases affecting service functionality, evaluations may be initiated even if less than four years have passed since appointment. This requires prior communication to the concerned individual.

Notifications regarding evaluations are directed either to medical or nursing boards based on the intermediate position's affiliation.

Grounds for Termination from Intermediate Position

Several reasons can lead to termination from an intermediate role: resignation, failure to pass evaluations, disciplinary actions resulting in separation from service, or not submitting required reports within stipulated timelines.

Temporary Suspension and Coverage Procedures

When an individual holding an intermediate position transitions to a different administrative status that reserves their position, they do not cease but rather temporarily suspend their duties.

The four-year evaluation period is paused during absences due to administrative changes and resumes upon return without affecting ongoing evaluations of interim replacements.

Specific Regulations for Management Roles

Individuals temporarily filling vacant management positions must cease when the original holder returns.

Management personnel within Andalusian health services operate under specific regulations governing their roles and responsibilities as outlined in various legal frameworks.

Regulations on Health Service Personnel

Overview of Statutory Personnel in Health Services

Article 64 of Law 55/2003 states that fixed statutory personnel accessing a managerial position in the Andalusian Health Service will be declared in special service status, allowing for time computation regarding seniority and career progression.

Personnel from any administration or contracted professors who take on such roles will follow the established regulations concerning personnel and remuneration applicable to their positions.

If a designated individual holds a temporary basic statutory position, that position will remain reserved based on its temporary nature until filled by a permanent holder.

Specific Rules for Intermediate Positions

For those appointed to intermediate positions within the Andalusian Health Service, their original post will be reserved if held definitively; provisional or interim holders' reservations depend on their temporary status.

The appointment as an intermediate role does not imply transferring the original post to another center unless specified otherwise.

Generally, individuals occupying intermediate roles must do so under exclusive dedication to the Andalusian Health Service; however, licensed health professionals may renounce this exclusivity under specific conditions outlined in Article 77.2 of Law 55/2003.

Evaluation and Appointment Procedures

Candidates holding linked posts may have provisions applied as per Royal Decree 1558/1986 if selected for managerial roles.

Individuals coming from other health services risk losing all ties with the Andalusian Health Service if they fail evaluations or are dismissed for reasons stated in Article 15(c).

Continuous Care and Temporary Assignments

Specialists designated for managerial positions can engage in continuous care while receiving additional compensation intended for ongoing patient support within authorized complementary schedules at healthcare centers.

The participation in continuous care is strictly limited to assistive programming approved by the healthcare center's management.

Temporary Assignments and Evaluations

The Andalusian Health Service has provisions for temporarily assigning managerial staff across various centers for specific tasks related to health management at central agency headquarters.

Assigned personnel's remuneration corresponds with their designated posts without additional payments except travel compensations incurred during assignments.

The duration of these temporary assignments is set at one year but may be extended; working hours align with those at central agency headquarters.

Transitioning Provisional Appointments

Within twelve months following this decree's enactment, regulatory provisions regarding professional accreditations will be developed; until then, candidate evaluations for managerial roles adhere to existing guidelines from Decree 75/2007.

A registry of suitable candidates remains active for filling directorial positions within healthcare facilities under the Andalusian Health Service framework.

Decreto 132 sobre 2021: Provisión de Cargos Intermedios

Evaluación y Continuidad en Cargos Intermedios

La persona que ocupa un cargo intermedio bajo nombramiento transitorio será evaluada dentro de los 12 meses desde la entrada en vigor del decreto, siguiendo el procedimiento establecido.

Si la evaluación es positiva, el individuo podrá continuar en su puesto por un periodo adicional de 4 años, manteniendo las mismas condiciones a menos que decida optar por un régimen diferente.

Derogaciones y Normativas Anteriores

Este decreto deroga disposiciones anteriores que se opongan a sus términos, incluyendo el Decreto 75 sobre 2007, que regulaba la provisión de puestos directivos y cargos intermedios en centros sanitarios.

Se mencionan varias órdenes previas relacionadas con la provisión de cargos intermedios, destacando la orden de agosto de 2007 y su modificación en diciembre de 2015. Estas normativas son relevantes para entender el contexto del nuevo decreto.

Supresión de Puestos Específicos

Se eliminan ciertos puestos tipificados como directivos o intermedios según los anexos correspondientes a una orden anterior (abril de 1990). Esto implica cambios significativos en la estructura organizativa del Servicio Andaluz de Salud.

Anexos del Decreto

Anexo 1: Puestos Directivos

El anexo detalla los puestos considerados directivos dentro del ámbito sanitario andaluz, incluyendo gerentes y médicos responsables en hospitales específicos. Estos roles son cruciales para la gestión sanitaria regional.

Anexo 2: Cargos Intermedios

Legal Framework and Organizational Structure in Health Services

Overview of Relevant Laws and Decrees

The discussion begins with references to the ECF District regarding primary care management, highlighting the transition from Law 30/1992 to Law 39/2015, indicating that the former is now repealed.

A literal transcription of Decree 136/2001 is presented, emphasizing its relevance to the context of health services, while also noting that it refers back to the repealed Law 30/1999.

The speaker mentions a further transcription related to Decree 156/2002, which outlines the organizational structure established by the Ministry of Health and Consumption, underscoring its importance in current administrative frameworks.