The consultation concerns the possibility of access to public employment after having been dismissed through disciplinary proceedings, being a teacher with a labour contract.

Article 56 of Royal Legislative Decree 5/2015, of 30 October, approving the revised text of the Law on the Basic Status of Public Employees (hereinafter, TRLEBEP) establishes the general requirements for access to public employment. Among them is the one of “not to have been separated by means of disciplinary proceedings from the service of any of the Public Administrations or from the constitutional or statutory bodies of the Autonomous Communities, nor to be in absolute or special disqualification for public jobs or positions by judicial decision, for access to the body or scale of the official, or to exercise functions similar to those they performed in the case of labour personnel, in which he had been separated or disabled”.

For its part, article 96 of the TRLEBEP refers, on the one hand, to the penalty of separation from service of officials and, on the other hand, to the penalty of disciplinary dismissal of labour personnel. They are therefore two sanctions of a different nature, while they relate to two different types of personnel.

Specifically, the disciplinary dismissal penalty “will lead to the disqualification to be the holder of a new contract of employment with functions similar to those they performed”.

Thus, the scope of the disciplinary dismissal penalty for labour personnel is limited to disqualifying such personnel from performing functions similar to those they performed. This is not, therefore, a lifelong inability to access any type of public employment, but a disqualification from holding a new contract of employment with functions similar to those he performed.

All of the above is without prejudice to remember that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.