Effects of the modification on the system of provision of jobs.

Last update: September 2025

The issue raised concerns the impact of the change in the system for the provision of posts on staff members in such posts.

Firstly, the legal framework for implementation needs to be analysed. With regard to the relations of jobs, article 74 of Royal Legislative Decree 5/2015, of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees (TREBEP), establishes:

“The Public Administrations will structure their organization through job relations or other similar organizational instruments that will include, at least, the name of the positions, the professional classification groups, the bodies or scales, where appropriate, to which they are attached, the systems of provision and the complementary remuneration. Such instruments shall be public.”

As for the systems of provision, and in accordance with the fourth final provision, the provisions on the subject of Law 30/1984, of 2 August, on measures for the reform of the Public Service remain in force. In particular, Article 20 establishes as procedures for the provision of competitive examination or free designation.

There is nothing to prevent the job relationship from being changed as regards the provision system, with ex nunc effects, when a job is filled. This means that, in this case, the corresponding procedure must be convened only when one of the posts has to be provided because of the dismissal of one of the officials currently occupying them.

In other words, nothing prevents the change in the form of the provision of jobs after the approval of a new TPN, even if these are occupied by officials appointed by another system, the official therefore being maintained for all intents and purposes by filling that post with respect to the system of the provision of jobs with which he took possession of it.

In conclusion, staff members who hold a post, unless removed, abolished or terminated, shall continue to hold the post under the provision formula that determined their appointment, even if the post provision system has subsequently been modified.

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.