Suspension of functions
Implementing rules
The position of suspending functions is regulated in:
- Articles 90 and 98 of the TREBEP
- Articles 21 and 22 of Royal Decree 365/1995 on administrative situations
General characteristics
- The official declared in the situation of suspension shall be deprived during the period of his stay in that situation of the performance of his duties and of all the rights inherent in the condition.
- An official declared in the situation of suspension of functions may not serve in any Public Administration or in public bodies, agencies, or public law entities dependent on or linked to them during the period of compliance with the sentence or sanction.
- The suspension will determine the loss of the job if it exceeds six months.
Provisional suspension
- The provisional suspension may be provisionally agreed upon during the course of a judicial or disciplinary proceeding.
- The provisional suspension as a precautionary measure in the course of the processing of a disciplinary file may not exceed 6 months, except in the event of the interruption of the proceedings attributable to the person concerned. The provisional suspension may also be agreed during the course of a judicial proceeding, and shall be maintained for as long as the provisional detention or other measures ordered by the judge determine the inability to perform the job. In this case, if the provisional suspension exceeds six months, it will not result in job losses.
- The temporary suspense official shall be entitled to basic salaries and, where appropriate, family allowances for dependent children during the suspension.
- When the provisional suspension is finally lifted, the official shall return the receivables for the duration of the suspension. If the provisional suspension does not become a final sanction, the Administration shall return to the official the difference between the actual receivables and those which it would have had to perceive if it had been found with full rights.
- The time of temporary suspension shall be compost for compliance with the final suspension.
- Where the suspension is not declared final, the duration of the suspension shall be counted as an active service, with the immediate reinstatement of the staff member to his post, with recognition of all economic and other rights from the date of suspension.
Firm suspension
- The final suspension shall be imposed on the basis of a judgment given in criminal proceedings or by disciplinary sanction. The final suspension by disciplinary action may not exceed six years.
- An official who has lost his job as a result of conviction or sanction must apply for re-entry to active service one month prior to the end of the period of suspension. Such re-entry will have economic and administrative effects from the date of termination of criminal or disciplinary responsibility.
- If re-entry is not requested at the time indicated in the preceding paragraph, it shall be declared, ex officio, in the situation of voluntary leave for particular interest, with effect from the date of completion of the sanction
- If, upon application for re-entry into active service, the official is not granted within six months, the official shall be declared, ex officio, in the situation of forced leave.