Implementing rules

• Article 86 of Royal Legislative Decree 5/2015, of 30 October, approving the recast text of the Basic Statute of the Public Employee
• Article 3 of Royal Decree 365/1995 of 10 March approving the Regulations on Administrative Situations of Civil Servants of the General Administration of the State

Assumptions involving the transition to this situation and requirements

Persons serving in their capacity as public officials shall be in active service irrespective of the Administration or public body or entity in which they are intended and are not entitled to be in another situation.

They shall also be in active service:

• When on secondment
• When they provide services at workplaces at levels falling within the range of their Corps or Scale in the Government Presidency Cabinets, Ministries, Secretaries of State and Government Delegates, and choose to remain in this situation.
• Where they serve in the General Courts or in the Court of Auditors and are not responsible for remaining in another situation
• When they become members of the Legislative Assemblies of the Autonomous Communities and do not receive regular remuneration
• When they become members of the Local Corporations, unless they serve in a paid and full-time capacity
• When they cease to work because they have obtained another job through provision procedures, during the post-sitting period
• When in the first two phases of redeployment of troops
• In the event of a progressive cessation of activity

Characteristics of the situation

• Career officials on active duty enjoy all the rights inherent in their status and are subject to their duties and responsibilities.