Implementing rules

The voluntary leave situation is regulated by:

• Article 29.7 of Act 30/1984 on measures for the reform of the civil service
• Article 18 of Royal Decree 365/1995 on administrative situations

Assumptions and requirements

Officials in:

• One of the first two phases of the personnel redeployment procedure
• Expected destination status
• Forced leave as a result of the implementation of an Employment Plan

Characteristics of the situation

• Voluntary leave on the incentive basis shall be for a period of five years and shall prevent jobs in the public sector from being carried out under any official or contractual relationship, whether in employment or in administrative terms. At the end of the specified period, if re-entry is not requested, it shall automatically be transferred to the situation of voluntary leave in the private interest.
• Those who move to voluntary leave on an incentive basis shall be entitled to a monthly payment of the remuneration of a periodic nature, excluding overpayment and the productivity supplement, accrued at the last job performed, for each full year of effective services and with a maximum of 12 monthly payments.

Body competent for its declaration

The competent authority for the declaration of voluntary leave is the Secretary of State for Civil Service.