Possibility to recognize the time of services provided in Subgroup C1 for the purpose of improvement of triennials as a trainee in Subgroup A2.

The consultation is about the possibility of recognising the time of service provided in Subgroup C1 for the purpose of upgrading triennials as a trainee in Subgroup A2.

According to the information provided, a staff member of Subgroup C1 who is present “carrying out the internship period of the Systems Management and Informatics Corps” and that it is understood that he was appointed as an officer in practice in that Body in which he aspired to enter at that time, perfects a triennium on October 31, 2017.

According to the consultant, the internship period corresponding to the selective process for admission as a career officer of Subgroup A2 takes place from October 13, 2017 and until February 21, 2018. Likewise, on February 22, 2018, he takes office as a career official of Subgroup A2 and requests the recognition of previous services for the period of internship carried out.

Finally, the official requests, in view of the recognition of the service time he obtains, that the aforementioned triennium be recognized as Subgroup A2 and not as Subgroup C1, which is as recognized on October 31, 2017, by Resolution of the Government Subdelegation.

Article 1 of Law 70/1978, of 26 December, on the recognition of prior services in the Public Administration, provides in its first paragraph that:

“Career officials of the State Administration, the Local Administration, the Institutional Administration, the Justice Administration, the Labor Jurisdiction and the Social Security are recognized for all the services indistinctly provided by them in those Administrations, prior to the constitution of the corresponding Bodies, Scales or places or their entry into them, as well as the period of internship of the officials who have passed the entrance tests in the Public Administration.”

Likewise, article 1 of Royal Decree 1461/1982, of 25 June, which establishes rules for the application of Law 70/1978, of 26 December, on the recognition of prior services in the Public Administration, establishes that:

“For the purposes of improvement of trienniums, all services provided by career officials in any of the Public Administrations (...) shall be computed. The traineeship period shall be deemed to be a traineeship period after the relevant selective tests have been passed, the appropriate appointment having been issued, with the accrual during the traineeship period of financial remuneration and provided that, after that period, the corresponding appointment of a career civil servant has been obtained.”

For its part, the second paragraph of Article 2 of Law 70/1978 of 26 December establishes that:

“When the computable services referred to in point three of the preceding article fail to complete a triennium when moving from one sphere of public administration to another, they shall be considered as provided in the latter, so as to be taken into account, for the purposes of trienniums, according to the applicable legislation following the chronological order of the provision of the successive services.”

This is also provided for in article 23.2 b) of Law 30/1984, of 2 August, on measures for the reform of the Public Service in force in relation to these extremes in the terms provided in the fourth final provision of the consolidated text of the Law on the Basic Statute of the Public Employee (TRLEBEP), approved by Royal Legislative Decree 5/2015, of 30 October:

“When a staff member changes secondment or group before completing a triennium, the fraction of time elapsed shall be considered as service time provided in the new group.”

Finally, and in the same sense, it should be noted that Law 31/2022, of 23 December, on the General State Budget for the year 2023, provides in article 23, referring to the remuneration of State officials, the following:

“Six. When the appointment of trainees falls to career officers of another Corps or Scale of groups and/or subgroups of qualifications less than the one in which they aspire to join, during the time corresponding to the traineeship period or the selective course, they will continue to receive the trienniums at each perfected time and that time will be computed, for the purpose of consolidation of trienniums and passive rights, as served in the new Corps or Scale in the event that, in an effective manner, the status of career officer is acquired in the latter.”

According to the information provided, at the time when the next triennium is perfected, the official is already a trainee official of the Body of Subgroup A2, Body in which he finally ends up entering, so the trainee period is considered as having already been served in the Body of Subgroup A2.

In this regard, and according to the rules set forth above, at the moment when the perfection of a new triennium occurs, the official would have changed from Subgroup, since the period as a trainee, once the selective process has been overcome, has to be considered, for the purpose of consolidation of trienniums, as generated in this last Subgroup, therefore, the new triennium would have to be recognized in Subgroup A2.

For all these reasons, and as the consultant points out, it is understood that it is appropriate to revoke the resolution recognizing the triennium in Subgroup C1, as being harmful and unfavorable to the official, in accordance with the requirements provided in article 109 of Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations; and to issue a new resolution recognizing the triennium in Subgroup A2.

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.