The question raised concerns the situation of a civil servant belonging to the Civil Administration Management Corps of the State who is on leave to provide services in the public sector in the Auxiliary General Corps of the Civil Administration of the State. Once it has applied for participation in several specific competitions and has awarded one of them, after it has taken office, it is awarded another competition.

It is thus considered whether you can choose to stay in one destination or another, or you are obliged to stay in the first destination for two years. Likewise, if the conclusion reached is applicable in the event that the tenders awarded refer to the two bodies of the General Administration of the State to which the official belongs.

First of all, the legal framework for implementation must be analysed. 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 (TREBEP), differs from the entry into force of the provisions relating to the provision of jobs and mobility until the entry into force of the Civil Service laws that are dictated in development of the Statute.

Thus, and in accordance with the provisions of the fourth final provision of the TREBEP, which establishes in its second paragraph:

" Until the Civil Service Laws and the development regulations are enacted, 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 " .

Consequently, the provisions relating to the provision of posts regulated by Act No. 30/1984 of 2 August on measures for the reform of the civil service and Royal Decree No. 364/1995 of 10 March, approving the General Regulations on the Admission of Personnel to the Service of the General Administration of the State and on the Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, continue to apply.

In this context, article 20, paragraph 1 (a) of Act No. 30/1984 of 2 August 1984 on measures for the reform of the civil service establishes that tendering is the normal procedure for the provision of jobs for career civil servants; participation in it, as a general rule, is voluntary.

Article 49.1 of the General Regulations for the Entry of Personnel into the Service of the General Administration of the State and for the Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March, provides that the destinations awarded by tender shall not be renounced, except in the event that before the end of the period for taking office another destination has been obtained by means of a public invitation.

In view of the above, the question raised focuses on the possibility of participating in several competitions and the option in the event of being awarded several posts.

Article 49.1 of Royal Decree 364/1995 infers that, as a general rule, the destinations awarded by tender are inalienable. Pursuant to Article 41(2) of the same Regulation referred to above, “officials shall remain in each post of final destination for a minimum of two years in order to be able to participate in the tendering contests, except within the scope of a Secretary of State or a Ministerial Department, in the absence thereof (…)”.

Thus, once a position has been awarded by means of a competitive examination, it must be held for a minimum of two years as a general rule. In this regard, in the event that the staff member is interested in one post rather than another, it would be advisable and appropriate for her to withdraw the request for participation in the tender that she is not interested in before it is resolved, in which case it would be irrevocable.

Article 49.1 of Royal Decree 364/1995 itself contains the only exception to this rule, those cases in which, before the end of the period for taking office, another destination has been obtained by means of a public convocation. Only in this case if the official or official can choose the place he wants.

Therefore, it is possible to participate in various specific contests that coincide in time without the first of them having been resolved. But once the period for taking office ends, since the destination is unavoidable, it is not possible to opt for the destination awarded in the subsequent resolution contest.

In the case of being interested in a subsequent contest, based on the voluntariness in the participation in them, one of them may be waived according to the provisions of the specific call, usually before the date on which the Valuation Committee completes the process of review and evaluation of the merits.

And all this without prejudice to the fact that the convening body will be competent to consider and assess the incidents, as well as to resolve any doubts that may arise in relation to the contests they call, adopting in this regard the motivated decisions it deems appropriate.

Likewise, the same consultation is proposed in relation to the possibility that two posts from different Bodies may be awarded to him by competitive examination without the time-limit for taking office coinciding.

In this case, there would be no inconvenience in the participation in competitions of several Bodies to which the official belongs and, resolved and awarded in his favor, one of them could take possession a posteriori, if it is resolved in a period other than the previous one already obtained, becoming in an administrative situation of voluntary leave for the provision of services in the public sector with respect to the other Body.

Notwithstanding the above, it is recalled that the change in administrative situations is not the instrument that the legislator envisages for the mobility of an official, not only because it could constitute a fraud of law but also because of the possible damage it could cause to the Administration.

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.