Possibility of access to public employment after having been dismissed through disciplinary proceedings, being a teacher with a work contract.

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

Article 56 of Royal Legislative Decree 5/2015, of 30 October, approving the consolidated 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 disciplinary proceedings from the service of any of the Public Administrations or the constitutional or statutory bodies of the Autonomous Communities, nor to be in absolute or special disqualification for jobs or public positions by judicial decision, for access to the body or scale of civil servant, or to exercise functions similar to those they performed in the case of labour personnel, in which they had been separated or disqualified”.

For its part, Article 96 of the TRLEBEP refers, on the one hand, to the penalty of separation from service of civil servants 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 penalty of disciplinary dismissal “It will lead to the disqualification to be the holder of a new employment contract with functions similar to those they performed.”

Thus, the scope of the disciplinary dismissal penalty for labour personnel is limited to the disqualification of such personnel from performing functions similar to those performed by them. It is not, therefore, a lifelong inability to access any type of public employment, but a disqualification to be the holder of a new employment contract with functions similar to those it performed.

All of the foregoing is without prejudice to recalling 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, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.