The question raised concerns the effects of the change in the system of the provision of posts on the officials occupying such posts.

Firstly, the legal framework for implementation needs to be analysed. With regard to the relations of jobs, article 74 of Royal Legislative Decree 5/2015, of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees (TREBEP), states:

“The Public Administrations will structure their organization through relations of jobs or other similar organizational instruments that will include, at least, the designation of the posts, the professional classification groups, the bodies or scales, where appropriate, to which they are assigned, the systems of provision and the complementary remuneration. Such instruments shall be public.”

With regard to the systems of provision, and in accordance with the fourth final provision, the provisions on the subject of Act No. 30/1984 of 2 August 1984 on measures for the reform of the civil service remain in force. In particular, Article 20 establishes as procedures for the provision of the tender or the free designation.

There is nothing to prevent a change in the number of jobs relating to the supply system, with ex nunc effects, when a post is occupied. This means that, in this case, the corresponding procedure must be called up only when one of the posts has to be provided because of the termination of one of the officials currently occupying them.

In other words, nothing prevents the change in the way jobs are provided after the approval of a new TPN, even though they are occupied by officials appointed by another system, and the official is therefore retained, for all intents and purposes, to cover that post with respect to the system of job provision with which he took possession of it.

In conclusion, staff members who hold a post, unless they are removed, dismissed or dismissed, will continue to hold the post with the provision formula that determined their appointment, even if the system of provision of their post has subsequently been modified.

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.