Special services

Local administrative staff with a national qualification (FHCN) must apply for a transfer to this administrative situation in any of the following cases:

  1. 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.
  2. 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.
  3. Where 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.
  4. Where they are seconded to the services of the Constitutional Court or the Ombudsman or assigned to the Court of Auditors under the terms provided for in Article 93.3 of Law 7/1988 of 5 April on the functioning of the Court of Auditors.
  5. 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.
  6. 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.
  7. When they are appointed to be part of the General Council of the Judiciary or the councils of justice of the autonomous communities.
  8. When elected or appointed to be part of the constitutional or 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.
  9. 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.
  10. When they acquire the status of officials in the service of international organizations.
  11. When appointed advisers of the parliamentary groups of the General Courts or of the legislative assemblies of the autonomous communities.
  12. When activated as volunteer reservists to serve in the Armed Forces.

The FNCH which is in a special service situation shall be reserved, where the job previously performed has been obtained through the competition system, for a job in the same local entity, in its qualification group and the same remuneration guarantees.

DOCUMENTATION REQUIRED

  • Electronic instance (to be completed directly at headquarters)
  • Record of taking office or certificate proving the appointment or appointment in one of the cases referred to in Article 87.1.
  • Report of the Administration in which it takes office, which states that the post is included in one of the paragraphs of Article 87 of the TREBEP*

 

TELEMATICS APPLICATION (ACCESS)

The application shall be submitted via the electronic headquarters:

https://sede.administracionespublicas.gob.es/login/index/idp/363

 

PROCESSING TIME: 3 months

Sense of Silence: Positive

 

REFERENCE RULES

The Service situation in other public administrations is regulated on a basic basis in the Article 87 of the recast text of the Law on the Basic Status of Public Employees, adopted by Royal Legislative Decree 5/2015 of 30 October.

It is also the case that the provisions of the Articles 58 and 59 of Royal Decree 128/2018, of 16 March, regulating the legal regime of Local Government officials with national qualifications.

 

MORE INFORMATION: The most frequent referrals have been included in the "Administrative Situations" of the "FAQ".