The question raised concerns the possibility of revoking a service commission when the staff member is on sick leave.

First of all, the legal framework for implementation must be analysed. In accordance with the fourth final provision of Royal Legislative Decree 5/2015, of 30 October, approving the revised text of the Law on the Basic Status of Public Employees, “Until such time as the Civil Service Acts and the development regulations are promulgated, the existing regulations on the management, planning and management of human resources shall remain in force in each Civil Service, as long as they do not conflict with the provisions of this Statute.”

Therefore, the provisions of the General Regulations for the Admission of Personnel to the Service of the General Administration of the State and the Provision of Posts and Professional Promotion of Civil Servants of the State Administration, approved by Royal Decree 364/1995 of 10 March, article 64 of which contains the provisions relating to the figure of the Service Commission, noting in its first paragraph that “When a job becomes vacant, it may be filled, in the event of an urgent and unpostponable need, on the basis of voluntary services, with an official who meets the requirements established for his performance in the list of jobs.”

On the other hand, the third paragraph of Article 64 states that “The aforementioned service commissions shall have a maximum duration of one year extendable by another in the event that the post has not been definitively filled.”

It can be inferred from the above-mentioned regulation that the figure of the Committee on Services is eminently temporary in nature and serves the purpose of occupying a post that has become vacant and whose coverage is essential for the functioning of the Unit or Agency concerned.

Taking into account the above, it can be concluded that the Services Commission is maintained for as long as there is a need to justify it.

This need of the Services Commission must be determined by the body or unit that has the vacancy and they will also determine when this need does not exist through the non-renewal of the Commission.

Please bear in mind that the non-renewal of a services committee does not strictly imply either the termination of the post in which it is in committee, or the taking up of the post of origin, since these take place for the sake of the automatic application of the law, without any assessment by the competent body.

All this with the aim of enabling the official to return to his or her post after the non-renewal of the Committee on Services, and without prejudice to the administrative actions that, where appropriate, are necessary in the budgetary field or for the granting of days for taking office in the post.

Therefore, in the opinion of this Executive Centre, the decision not to renew the commission corresponds to the organ, unit or Agency that requested it, not being necessary to wait for reincorporation after a medical leave.

All of the above is without prejudice to remember that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.