Implementing rules

The service situation in other public administrations is regulated by:

• Article 88 TREBEP.
• Articles 10 and 11 of Royal Decree 365/1995 on administrative situations.

Assumptions and requirements

Career officials shall be declared in service in other Public Administrations if, by virtue of the transfer processes or by the job provision procedures, they are employed in a different Public Administration.

Characteristics

Transferred

• The officials transferred to the Autonomous Communities are fully integrated into the organization of their Public Service, being in active service in the Public Service of the Autonomous Community in which they are integrated.
• The Autonomous Communities shall respect the group or sub-group of the body or scale of provenance, as well as the economic rights inherent in the position in the career which they have recognised, when carrying out this integration of the officials transferred as their own officials.
• The transferred officers retain all their rights in the Public Administration of origin as if they were in active service.

Provision of jobs

• Career officials in the service situation in other Public Administrations who are in such a situation because they have obtained a job through the provision systems provided for in this Statute, are governed by the law of the Administration in which they are effectively employed and retain their status as official of the Administration of origin and the right to participate in the calls for job provision made by the latter. The length of service in the Public Administration in which they are intended shall be counted as active service in their body or scale of origin.

Body competent for its declaration

The body responsible for declaring the status of service in other Public Administrations shall be the Assistant Secretary of the Department where the staff member or career officer serves.