Mobility of female officers who are victims of gender-based violence
Applicable rules
- Article 82 of Royal Legislative Decree 5/2015, of 30 October, approving the recast text of the Law on the Basic Status of the Public Employee.
- Resolution of 25 November 2015 of the State Secretariat of Public Administrations, establishing the procedure for the mobility of public employees who are victims of gender-based violence
- Resolution of 16 November 2018 of the Secretariat of State for Civil Service, which publishes the Agreement of the Sectoral Conference on Public Administration, approving the Agreement to promote inter-administrative mobility of public employees victims of gender-based violence
Procedure and competent bodies
La funcionaria víctima de violencia de género presentará una solicitud dirigida directamente al titular de the Human Resources Unit of the Ministry, Body, Agency or Entity in which it is intended.
To this end, the model of the Annex I accompanying the Resolution of 25 November 2015.
The application, together with supporting documentation, may be submitted both in person in the Unit to which it is addressed and through any public register.
Receipt of documentation by the Human Resources Unit of the Ministry, Body, Agency or Entity of destination of the person concerned, the appropriate vacancy search will be initiated and mobility will be resolved by the most appropriate job provision procedure.
Exceptionally, where the transfer is to be made to a Ministry, Body, Agency or Entity other than the one in which the person concerned is employed, the Human Resources Unit concerned shall transfer the file to the Directorate-General for Civil Service, which shall process the procedure in these cases.
In general, the Deputy Secretaries of the various Ministries and the Secretariat of State for Civil Service will be responsible for resolving this procedure when the Department changes.
Inter-administrative mobility
The staff member must address her request to the the competent authority of the public administration in which it is intended, providing the supporting documentation of their condition.
Where the Public Administration of the person concerned does not have Units or Units located in the geographical area requested by it, the Public Administration shall address itself to the Administration or Public Administrations with competence in this area and which may have a job structure in it, urging the processing of the mobility file.
Protection of privacy and personal data
The privacy and dignity of civil servants, in particular their personal data, those of their family members and those of any person under their guardianship, custody or custody, shall be protected during the processing of this procedure.
Entries in the Central Personnel Register shall be made in such a way as not to transcend the existence of a special form of mobility or any other information from which their situation may be inferred.
The Central Personnel Registry will incorporate measures to restrict access to the information of these officials in the consultations to their information system and in the searches in the Directory of the General Government of the State carried out on the Works Portal.
Deadline for Resolution
This procedure takes precedence in its processing.
The Resolution of 25 November 2015 provides for a maximum period of 15 days if mobility is carried out within the same ministry and its dependent bodies or 45 days if it is of an interdepartmental nature.
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