Application to officials in practice of the permits contemplated in Royal Legislative Decree 5/2015, of October 30, of the Basic Statute of the Public Employee.

The consultation is about the application to the career official of the permits regulated in articles 48 and 49 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.

The trainee is regulated in article 24 of the General Regulations for the Admission of Personnel to the Service of the General State Administration and for the Provision of Jobs and Professional Promotion of Civil Servants of the General State Administration approved by Royal Decree 364/1995, of 10 March, which provides that: “Where the application has established a traineeship or a selective course, the appointing authority shall appoint traineeships to the proposed applicants.”

Therefore, it can be said that those aspiring to enter a Corps or Scale who, having passed the opposition phase, and in their case of contest, foreseen in the call for entry, have to overcome a selective course or an internship period have the consideration of officials in internships.

The appointment as a trainee officer entails a series of effects, such as the payment of certain remuneration in the terms established in article 26 of the TRLEBEP: “The Public Administrations shall determine the remuneration of the trainee officials which, at a minimum, shall correspond to those of the salary of the Subgroup or Group, in the event that it does not have a Subgroup, in which they aspire to join.”

However, it should be noted that the relationship established between the trainee and the Public Administration in which he intends to enter is different from the relationship he acquires once he is appointed a career civil servant.

Thus, as established by the aforementioned article 24 of Royal Decree 364/1995, “(…) Applicants who do not pass the selective course in accordance with the qualification procedure provided for in the application shall lose the right to be appointed as career officials, by a reasoned decision of the authority that made the application, on the proposal of the body responsible for the evaluation of the selective course”, thus not generating any right in their favour vis-à-vis the Administration, except for the payment of the remuneration that would have been due to them as trainees or the contribution to Social Security during that period.

That is, in the event that a trainee does not pass the corresponding selective course, he/she may not be appointed as a career officer, requirement sine qua non to acquire the rights and obligations set forth in the TRLEBEP.

Delineating the characteristics of the trainee figure, which highlights the clear difference between a career officer and a trainee, it is necessary to establish whether the leave and leave regime envisaged for career officers applies to trainees.

First, it must be the Centre competent to grant the permit that, in the light of the concurrent circumstances in each specific case, must weigh the compatibility of the requested permit with the performance of the internship period or selective course.

Secondly, in this regard, it seems reasonable that the permit or license requested should not be agreed when the period of the selective course or internship may be distorted by the granting of the same.

In conclusion, in accordance with the foregoing and without entering into an assessment of each of the permits and licences of the current legal regime, it may only be granted to trainees in those cases in which, taking into account the total duration of the selective course or traineeship period, as well as the activities carried out during the period that the permit lasts, the competent body understands that the granting of the same does not detract from the aforementioned selective course or traineeship period and allows the correct achievement of the objective pursued with them.

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.