Computation of residence time in the situation of special services for the recognition of personal degree. Special mention to the occupation of temporary staff positions

The question raised concerns the calculation of the length of stay in the situation of special services for the recognition of personal degree, making a special mention of the occupation of positions of contingent personnel.

Thus, in the first place, it is necessary to analyze the legal framework of application, which is formed by the consolidated text of the Law of the Basic Statute of the Public Employee, approved by Royal Legislative Decree 5/2015, of 30 October (TRLEBEP from now on), Law 30/1984, of 2 August, on Measures for the Reform of the Public Service (Law 30/84 from now on) and the General Regulation of Entry of the Personnel to the Service of the General State Administration and of Provision of Jobs and Professional Promotion of the Civil Officials of the State, approved in March 1995,

In view of the above, in order to resolve the issue raised, in addition to referring to the general rule contained in the applicable regulations, it is appropriate to make a particular mention of the cases of occupation of jobs of temporary staff.

(a) General rule

The fourth final Provision TRLEBEP states in its number 3 that up to “that the Civil Service Laws and the regulations for their implementation shall remain in force in each Public Administration the regulations in force on the management, planning and management of human resources as long as they do not conflict with the provisions of this Statute”. In accordance with the aforementioned Provision, in the field of the General Administration of the State, in matters of internal promotion, consolidation of personal degree and provision of jobs, Law 30/1984 and the RGI continue in force.

In this context, article 21.1.d) of Law 30/1984 establishes the following:

“The personal degree is acquired by the performance of one or more positions of corresponding level for two continuous years or three with interruption. If the staff member ' s level changes during the time he or she is in a post, the performance time shall be calculated at the highest level at which the staff member ' s level has been classified.

Notwithstanding the provisions of the preceding paragraph, a staff member who obtains a superior post at more than two levels corresponding to his or her personal rank shall consolidate every two years of continuous service the higher level at two levels than that at which he or she possesses, without in any case being able to exceed that of the post held.”

With regard to the consolidation of the initial personal degree, Article 70.3 RGI provides that: “Staff members shall necessarily consolidate as the initial personal grade the level of the post awarded after the completion of the selection process, unless they voluntarily move on to a lower level post, in which case they shall consolidate the lower level post”.

In turn, the Regulation in its article 70.9 refers to the computation of the time provided in special services for the purpose of degree consolidation in the following terms:

“9. The length of stay in the special service situation shall be calculated, for the purpose of acquiring the personal degree, as provided in the last position performed in the active service situation or in which during the time of stay in that situation it would have been obtained by competitive examination.”

Therefore, generally speaking, the length of time spent in the special service situation will be calculated for the purpose of acquiring the personal degree, whether or not the initial degree, as provided in the last position performed in the active service situation or in which during the time spent in that situation it would have been obtained by competitive examination, although the recognition of that degree will take place in an effective manner once the staff member re-enters the active service in the corresponding position.

b) Consolidation of degree in position of eventual

As mentioned above, the guarantee contained in Article 70.9 RGI in relation to the calculation of the length of stay in the special service situation refers to the last position held in the active service situation (or in which during the time of stay in that situation it would have been obtained by competitive examination). Therefore, in the event that the staff member occupies a temporary staff position in special service situations, this is the criterion to be applied.

A different case is the case of the performance of that position in the active service situation, in which case the time spent in that position computes you to consolidate that degree according to the general rules of degree consolidation.

For the purposes of exemplifying the above, the following assumptions have been consulted:

Supposition 1: the possibility of consolidating the personal grade 30 by performing a Level 30 position as temporary staff from the situation of special services is consulted. In this case, the staff member, before moving on to special service status as temporary staff, was assigned a level 28 post (he had already consolidated this grade), held the level 30 post for more than two years and temporarily re-entered a level 30 post which he later acquired on a permanent basis.

According to what has already been said, the guarantee contained in Article 70.9 RGI refers to the last position held in the active service situation, in this case in the post of level 28.

Therefore, the length of time spent in the special service administrative situation will be calculated, for the purpose of consolidating the personal grade, as provided in the last post that the staff member would have performed definitively in the active service situation; that is, in the post at level 28. Therefore, since it already has this consolidated degree, time in special services cannot be used to recognize any degree.

It would have been different if it had provided the post of temporary staff in the active service situation, in which case the time provided in the level 30 post had it been computed to consolidate that grade, in accordance with the general rules of grade consolidation.

Supposition 2: the possibility of consolidating the personal grade 30 by performance in special services of a N30 job in a City Council by official of the Superior Scale of the National Police Force is consulted. In this case, the person concerned held a Level 27 position at the time of the transfer to the special services situation.

In the specific case of the consultation, in light of the provisions of art. 70.9 RGI, the time spent in a special service situation would serve to consolidate that level 27, if at the time of change of situation the interested party had not previously consolidated it. That is, for the case that arises, the time spent in the City Council would only be valid to consolidate the degree corresponding to the reserve position.

A different issue is the “ad intra” effects (which it could have in its own area) of the recognition of the degree as possible personnel that the City Council could carry out in application of its regulations and in use of its power of self-organization.

In conclusion of all the above:

The length of time spent in the special service situation shall be calculated for the purpose of the acquisition of the personal degree, whether or not the initial degree, as performed in the last position performed in the active service situation or in which during the time spent in that situation it was obtained by competitive examination, although the recognition of that degree shall take place in an effective manner once the staff member re-enters the active service in the relevant position.

With regard to the degree to be consolidated by a staff member who occupies a temporary staff position, the criterion is that he/she can only consolidate the degree of the position that he/she effectively fulfils if he/she does so in the active service situation. If you do so in the special service situation, the time has to refer to that of the last position held in active service.

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.