This is the interim coverage of a vacant job, in the event of an urgent and unavoidable need, by a career official who meets the requirements for his or her performance in the employment relationship.

Existing legislation

Article 64 of Royal Decree 364/1995 of 10 March, approving the General Regulations for the Admission of Personnel to the Service of the General Administration of the State and for the Provision of Jobs and the Professional Promotion of Civil Servants of the General Administration of the State

Body competent for its authorisation

The Secretariat of State for Territorial Policy and Civil Service, when the commission involves a change of Ministerial Department and takes place in the field of central services, or in the field of peripheral services if it occurs outside the territorial scope of an Autonomous Community.

Procedure

When a Unit has the urgent and indefatigable need to fill a vacant post and has a suitable candidate for its occupation who is destined in a different Ministry, it must communicate this need to the Unit managing the human resources of its Ministerial Department and the Unit will request the report to the Ministry in which the proposed person is destined.

If this report is issued in an unfavourable way, it completes the dossier without requesting the authorisation of the Administrative Board.

If the report is issued in a favourable manner, the Ministry concerned with filling the post directs the request for authorization from the Commission of Services to the General Directorate of the Civil Service, this request shall be accompanied by the favourable report issued by the Ministry in which the proposed official serves.

If the Directorate-General for the Civil Service and the other criteria forming the opinion of the competent authority for authorisation have been established, compliance with the post requirements shall be decided as appropriate.

This secondment agreement will be forwarded to the two ministries concerned.

The maximum duration of the authorisation shall be one year, which may be extended by another if the post has not been definitively filled.

Deadline for resolution

This is not a procedure initiated at the request of an interested person, the authorisation shall be issued as soon as possible.

Post-sitting deadlines

Three days from the notification of the service commission agreement to the official concerned, if it does not imply a change of residence, by its Ministry of destination.

Eight days from the notification of the service commission agreement, if it implies a change of residence, by your Ministry of destination.

Within these time-limits, both the day of the cessation and the day of the inauguration in the new post will be included.

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