FAQs about the Unitary Competition
GENERAL CONSULTATIONS ON THE LEGAL REGIME OF THE COMPETITION
What regulatory rules apply to unitary competitions?
Royal Decree 128/2018, of 16 March, regulating the legal regime of Local Administration officials with national qualifications (hereinafter Royal Decree 128/2018) and Order TFP/153/2021, of 16 February, regulating the valuation of the general merits of Local Administration officials with national qualifications (hereinafter Order TFP/153/2021).
Am I obliged to take part in the unitary competition?
Local administration staff with national qualifications, with temporary appointment, will be required to participate in the unitary competition for all posts offered in their subscale and category, in accordance with the provisions of Article 44.3 of Royal Decree 128/2018.
When I am obliged to take part, what happens if I do not participate, or if I compete, I do not do so in all the posts reserved for my subscale and category?
It is understood that it refuses to establish a ranking order in respect of unrelated posts, in favour of the Valuation Tribunal, which may be assigned to it by any of them.
When will I not be able to participate?
If you are in any of the assumptions of Article 36.2 Royal Decree 128/2018 which states:
They may not participate in competitions:
(a) Staff members who are disabled and suspended by final administrative decision or judgement, if the time indicated in them for suspension has not elapsed.
(b) Staff members dismissed, to posts of the Corporation where the sanction took place, if the period laid down therein had not elapsed.
(c) Staff members in situations of voluntary leave referred to in article 89.1.a) and (b) of the recast text of the Basic Staff Regulations Act of the Public Employee, approved by Royal Legislative Decree 5/2015 of 30 October, if the period of two years had not elapsed since the transfer to them.
(d) Staff members who have not been serving for two years at the last destination definitively obtained in any Public Service, unless they do so at posts reserved at their subscale and category in the same Corporation.
When do I have to meet the necessary requirements to be able to participate in the competition?
The requisite requirements and merits must be met by the date of the Resolution providing for the publication of the call.
I am a volunteer contestant and I have only asked for one job, what happens if I am not given that job?
In that case, he will remain in the post he had been in, with the same appointment he had previously.
Once the application for participation has been submitted, is it possible to waive participation in the unitary competition?
Only staff members acting on a voluntary basis may make such resignation, provided that the resignation is entered in the Directorate General of the Civil Service prior to the date to be announced as the maximum for the resignation on the website, and that it will always precede the adoption of the Motion for a Resolution by the Court of Valuation.
The resignation, in any case, must be done by telematic means through the form at your disposal in the following link:
https://sede.administracionespublicas.gob.es/procedimientos/portada/ida/0/idp/346
Can I alter the order of precedence of posts initially presented?
Within the time limit for the submission of applications, changes may be made to the order of precedence initially submitted, indicating this circumstance on an express basis. To this end, it will have to make a new request through the electronic headquarters indicating the new order of precedence. The new application shall be understood to replace for all purposes the one initially submitted.
After the deadline for the submission of applications, any change to the order of precedence shall not take place. Similarly, partial resignations will not be admissible.
GENERAL MERITS
What general merits do I have to bring together with the instance?
The only general merits to be established in conjunction with your request are, where appropriate, the merits relating to the reconciliation of personal, work and family life in relation to the call for a tender (Art. 32.2 of Royal Decree 128/2018).
How do I credit the merits of reconciling personal, family and work life?
Information about what they are, and how these merits should be credited can be found at:
What about the rest of the overall merits? What are they and how do they compute?
By Resolution of the Directorate-General for the Civil Service, the individualised list of general merits of local administrative officials with national qualifications will be publicised, as well as the call for a unitary competition. Order TFP/153/2021, of 16 February, regulates the valuation of the general merits of Local Administration staff with national qualifications.
How has the individualized relationship of general merits been formed?
In accordance with Article 32 of Royal Decree 128/2018 and Article 3 of Order TFP 153/2021, the accreditation of general merits by the General Directorate of the Civil Service shall be carried out in accordance with the following criteria:
1. Effective services, ex officio.
2. Permanence, ex officio.
3. the securities, at the request of the data subject through the electronic procedure established for that purpose.
4. The prior services, at the request of the interested party, accompanied by the documentary evidence, according to Annex I of Royal Decree 1461/1982, of 25 June, laying down rules for the application of Law 70/1978, of 26 December, for the recognition of prior services in the Public Administration, except for the period of official practice for the access to the subscales of Local Government officials with national qualifications.
5. The grade, at the request of the data subject accompanied by a Notice of Recognition which must include the date on which the consolidation has taken place.
6. Training and further training courses completed or completed, approved or recognised, at the request of the person concerned accompanied by a certificate of recognition and assessment issued by the bodies set out in Article 2(5) of this Order. Such certificate shall include course name, general merit score, hours of duration and start and completion dates.
7. The merits relating to the reconciliation of personal, family and work life at the request of the person concerned. The supporting documentation of this general merit shall be sent, together with the application for participation of the competition, to the Local Corporation where the requested post is to be radiated, in the case of an ordinary competition, and to the Ministry of Territorial Policy and Civil Service, General Directorate of the Civil Service, for the unitary competition.
7.1 The accreditation of this merit must be carried out for each competition, unless the reasons referred to in Article 32.1 g of Royal Decree 128/2018 of 16 March have not been altered, in which case the supporting documentation of these will be replaced by a affidavit showing that the situation that gave rise to the valuation of this merit in previous competitions for the transfer of staff of Administration.
As to the general merits which are credited at the request of the interested party, what are taken into account in each competition?
The assessment of the merits shall, in any case, relate to the date of the call for tenders. Only merits recognised and registered at that date shall be taken into account.
How has the new Order affected the score of effective services and permanence as general merits?
As regards the valuation of effective services and permanence as general merits, Order TFP 153/2021 is in line with Article 58. 1 of Royal Decree 128/2018, of 16 March, so that the services performed in positions reserved for Local Administration officials with national qualifications in Local Entities, in the uniprovincial autonomous communities and in the cities of Ceuta and Melilla are subject to evaluation. Likewise, and in line with the professional career guarantees, in the case of cessation by free designation in a reserved place or cessation by the abolition of a collaborative post, in accordance with Article 58.2 of Royal Decree 128/2018, performance in the position of the Corporation in which the staff member is seconded is valued for the purposes of effective services and permanence.
In accordance with Article 2.2 of TFP Order 153/2021: the continued retention in the reserved post obtained definitively from which it is held and which is being carried out effectively, in accordance with the provisions of Article 2(1)(a) of this Order, at the date on which the Resolution of the Joint Call for Tenders by the Directorate General of the Public Service is issued, with the following points:
From three to four years: 0.75 points.
From the fourth year of stay, 0.25 per year, up to a maximum of 1.50.
Secondment shall entail the loss of the assessment of permanence in the final post from which the commission takes place.
KNOWLEDGE OF ONE LANGUAGE AND MERITS OF AUTONOMIC DETERMINATION
How are knowledge of one's own language and autonomic merits valued and justified?
Both the knowledge of one's own language and the merits of autonomic determination are described in the bases of the Contest Call Resolution. There is an indication of their valuation and the form of accreditation.
The documentary accreditation of the knowledge of the own language and the merits of autonomous determination will be carried out according to what the Autonomous Communities establish according to Article 44 of Royal Decree 128/2018.
In the event that they apply for posts for which the knowledge of the official language of their own is required, in accordance with the provisions of the respective autonomous legislation, they shall be attached together with the application and order of preference for vacancies, certifying the knowledge of the language, in accordance with the provisions of that legislation.
Information may be obtained on the knowledge of one's own language and/or on the merits of autonomous determination, in the bodies of the Autonomous Communities with competence in the field of local government officials with national qualifications.
Certificate of service for the purposes of calculating autonomous merits: if in order to prove the merits of autonomous determination it is necessary to provide a certificate of service, it will be issued by the corresponding Autonomous Communities, in accordance with the provisions of the Resolution of the Call.
POSSIBLE RECTIFICATIONS AND EXTENSIONS OF THE CALL FOR PROPOSALS
What does a new deadline for submitting applications enable?
The new deadline for submitting instances concerns only posts affected by a possible subsequent resolution by the Directorate-General for the Civil Service, which rectified and, where appropriate, extended the Resolution calling for a unitary competition for the provision of jobs reserved for local civil servants with national qualifications. This time limit, therefore, only concerns posts that are incorporated into the competition or that are affected by a subsequent correction of errors, in both cases making their application possible. This deadline does not, in any case, affect the posts that were called by the Resolution of the Directorate-General for Civil Service, which convenes a unitary competition for the provision of jobs reserved for local civil servants with national qualifications, whose deadline for the submission of applications has already expired.
Therefore, NOT PERMITTED:
To request one of the posts called for by the General Civil Service Directorate Resolution, which calls for a unitary competition for the provision of jobs reserved for local government officials with national qualifications, and which are not included in the Resolution of correction and extension.
In no way alter the order of precedence of the posts requested under the above-mentioned Resolution calling for a unitary competition for the provision of jobs reserved for local government officials with national qualifications, eliminating the posts requested, altering their ranking order, etc. (All this, without prejudice to the indirect alteration of this order, since posts affected by the rectification and extension in the primitive order of precedence, as indicated below, may be interspersed).
"Replace" posts that were requested under the Resolution to Call for the Unitary Competition for the Provision of Jobs Reserved for Local Government Officials with a national qualification and that by Resolution of rectification and subsequent extension have been excluded from the competition, by other posts that were called by the Initial Call Resolution.
I submitted a request for participation and now I also wish to request posts affected by the Resolution for rectification and extension of the call, what should I do?
You will need to make a new request via the electronic headquarters:
https://sede.administracionespublicas.gob.es/procedimientos/portada/ida/0/idp/81
Including the post or posts you wish to apply for, from those offered in the Resolution of Enlargement and Correction of the Unitary Competition.
In the electronic procedure only the posts included in the resolution for the extension and correction of the unitary competition will appear, so you can only make the selection of those posts by indicating the new order of precedence that the inclusion of these new posts entails for your initial request.
If, in your initial request, you have already presented the merits relating to the reconciliation of personal, work and family life and/or the merits of autonomy or language knowledge, you do not need to re-submit them.
I did not submit a request for participation, but now I wish to request posts affected by the Resolution for rectification and extension of the call, what should I do?
You must make an application through the electronic headquarters:
https://sede.administracionespublicas.gob.es/procedimientos/portada/ida/0/idp/81
Attaching at this time, where appropriate, all the merits relating to the reconciliation of personal, work and family life as well as the merits of autonomous determination and language knowledge in the sections of the application prepared for this purpose.
I submitted a request for participation and a job I requested has been excluded, what does it affect me?
Such post shall be deemed to be unsolicited ex officio. His position in the order of precedence shall be taken, where appropriate, by the post requested immediately afterwards and so on.
CESES, INAUGURATIONS AND OTHER MATTERS RELATING TO THE RESOLUTION OF THE UNITARY COMPETITION
When should I stop at the present destination?
The current destination must be terminated within three working days of the publication of the Competition Resolution in the Official State Gazette.
What time do I have to take office at the new destination?
After the cessation, the period for taking up office is three working days if it is a post in the same locality of its current destination and one month if it is a different locality. In both cases, the term of office shall start from the day following that of the cessation.
However, if this is your first destination (because you are expecting to be appointed after the selective process has been completed), or if the Competition Resolution entails the return to the administrative status of active service, the term of office must compute it since the publication of the Contest Resolution in the Official Gazette of the State.
What would happen if he did not take office at the post obtained in the competition within the time limits laid down?
Staff members who, for reasons attributable to them, do not take up the posts obtained in the competition within the time limits laid down in the current legislation, shall be declared ex officio in the administrative situation of voluntary leave for particular interest, starting from the last day of the term of office.
Can the awarded destination be "renounced" in a Unitary Competition?
According to the 11th basis of the Decision to call for competition, the awarded destinations are inalienable, and the official staff must take possession of them within the relevant time limit.
Who pays the salaries during the post-sitting term?
During this term, staff members are entitled to all fixed remuneration, both basic and supplementary.
If the end of the post-sitting period takes place within the same month that it ceases, monthly remuneration shall be paid by the diligent entity to cease, on a full month basis and in accordance with the status and rights of staff members referring to the first working day of the month in which it ceases.
However, if the term post-payment falls within a month other than that of cessation, the remuneration of the first month shall be paid by the institution which gives due diligence to the cessation, as indicated above, and those of the second month, shall be paid by the institution corresponding to the post accessed, also for a full monthly fee and in the amount corresponding to the post in which it was held.
What about extraordinary pay?
The corresponding extraordinary pay shall be taken over by both entities (the cessation and the destination) in proportion to the number of monthly accruals for the accrual period of the latter which, as indicated in the previous question, correspond to each of them. The part of the amount corresponding to the entity that processes the cessation shall be taken into account at the time of its occurrence.
Who should pay social security contributions?
Royal Decree 84/1996, of 26 January, approving the General Regulation on the registration of companies and affiliation, high, low and variations in the data of workers in the Social Security, in its Article 431.3, literally states that:
“With regard to public officials falling within the scope of the General Social Security Scheme, the dismissals and dismissals thereof in cases of change of employment obtained by means of a competition or free designation and in other cases where the body or centre of work in which the new post is held or to which the officials are seconded or assigned must assume the salaries of those officials and the corresponding obligations in the field of Social Security shall be terminated,
Can the cessation and takeover be extended?
Yes, for the needs of the service, by agreement of the Presidents of the Local Entities in which the contestant is to cease and take possession, the cessation and inauguration may be deferred, up to a maximum of three months. Therefore, within a maximum period of 3 months from the publication of the Competition Resolution in the Official State Gazette, staff members must have been recruited to the new destination. Such agreement shall be communicated by the President of the Local Entity of destination to the relevant body of the Autonomous Community of origin and, where appropriate, of destination.
The agreement must be reached before the official ceases to his current Local Entity, and communication must be made to the relevant body of the Autonomous Community or Autonomous Communities, where appropriate, within the period of cessation.
I am enjoying a permit or licence, how does this affect the calculation of the periods of cessation and takeover?
The calculation of post-payment deadlines shall commence when permits or licences which, where appropriate, have been granted to interested parties are completed. In addition, the calculation of the time limits for dismissal and repossession shall not be initiated in the event that the official certifies that he is in a situation which determines his temporary incapacity for work in the General Social Security Scheme.
In such cases, the official staff concerned must inform the local authorities concerned (cessation and re-assignment) and their respective Autonomous Communities accordingly.
I am holding a position with a temporary appointment, should the taking of office at the new destination obtained by competition be counted from the publication of the resolution in the BOE or from the end?
The period is calculated from the day following the end of the old post and the time limits would be three days for posts in the same locality and one month for posts in a different locality.
Only in the event that no post was being held prior to the decision of the competition – re-entry to the active service – would the term for taking office be calculated from the publication of the decision of the competition in the BOE, in which case the term for taking office would be one month.
Should the proceedings for dismissal and inauguration be sent? Where? In what time?
Yes, it is obligatory to send the proceedings of both the cessation and the taking of office. They shall be forwarded to the relevant body of the respective Autonomous Community. The deadline for referral shall be within three working days of the date on which it takes place.