Implementing rules

• Article 87 of Royal Legislative Decree 5/2015, of 30 October, approving the recast text of the Law on the Basic Status of the Public Employee.
• Article 29.2 of Law 30/1984 of 2 August 1984 on measures for the reform of the civil service.
• Articles 4 to 9 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 pass and requirements

• When they are appointed members of the Government or the governing bodies of the autonomous communities and cities of Ceuta and Melilla, members of the institutions of the European Union or of international organisations, or are appointed senior officials of the said public administrations or institutions.
• Where they are authorised to carry out a mission for a given period of more than six months in international bodies, foreign governments or public bodies or in international cooperation programmes.
• When they are appointed to perform posts or positions in public bodies or entities, dependent on or linked to public administrations which, in accordance with the provisions of the respective Public Administration, are treated as senior officials in their administrative rank.
• Where they are seconded to the services of the Constitutional Court or the Ombudsman or assigned to the Court of Auditors in accordance with Article 93.3 of Law 7/1988 of 5 April on the Functioning of the Court of Auditors.
• When they accede to the status of Deputy or Senator of the General Courts or members of the legislative assemblies of the autonomous communities if they receive periodic remuneration for the performance of the function. Those who lose that status by dissolution of the relevant chambers or termination of their mandate may remain in the special services situation until their new constitution.
• When paid and full-time elective positions are held in the Assemblies of the cities of Ceuta and Melilla and in the local entities, when the responsibilities of higher bodies and municipal directors are carried out and when the responsibilities of members of the local bodies are carried out for the knowledge and resolution of the economic-administrative complaints.
• When they are appointed to be part of the General Council of the Judiciary or the councils of justice of the autonomous communities.
• When elected or appointed to be part of the Constitutional Bodies or the statutory bodies of the autonomous communities or others whose election corresponds to the Congress of Deputies, the Senate or the legislative assemblies of the autonomous communities.
• Where they are designated as temporary staff for occupying jobs with functions expressly qualified as trust or political advice and do not choose to remain in active service.
• When they acquire the status of officials in the service of international organizations.
• When appointed Government Sub-delegates in the Provinces or Island Directors of the State General Administration and do not choose to remain in active service in their Administration of origin
• When appointed advisers of the parliamentary groups of the General Courts or of the legislative assemblies of the autonomous communities.
• When activated as volunteer reservists to serve in the Armed Forces.

Characteristics of the situation

Remuneration

• In special services, the remuneration of the post or post held and not that of a career official shall be collected, without prejudice to the right to receive the three-year periods recognised at any time.

Time of permanence computation

• The length of stay in the special services situation shall be calculated for career/promotion purposes, seniority/triennials and entitlements in the applicable social security scheme.

Re-entry to active service

As regards re-entry, those in the special services situation shall be entitled, at least, to re-enter the active service in the same locality, under the conditions and with the remuneration corresponding to the consolidated category, level or step of the career.

In this regard, Royal Decree 365/1995 provides that staff members who are in special service from the active duty situation shall be assigned, on re-entry, a job according to the following criteria:

• Where the previously performed post has been obtained through the system of free designation, they shall be provisionally assigned, as long as they do not obtain a definitive post, a post of equal level and similar remuneration in the same municipality.
• In the other cases, they will be awarded, on a definitive basis, a post of equal level and equal pay in the same Ministry and municipality.

Where the situation of special services has been accessed from situations that do not involve performance or job reserve, there will be no place to the reserve set out.

Those who lose the status under which they were declared in the special service situation must apply for re-entry to active service. within one monthdeclaring them not to do so in the situation of voluntary leave for private interest, with effect from the day on which they lost that condition.

Re-entry shall have economic and administrative effects from the date of application of the re-entry if there is entitlement to the post reserve.

Body competent for its declaration

The Assistant Secretary of the Department serving the staff member or the career officer shall be responsible.