It is consulted on the possibility of recognition, for the purposes of Law 70/1978, of December 26, of recognition of previous services in the Public Administration, of previous services that have been provided part-time.

Law 70/1978, of 26 December, on the recognition of previous services in the Public Administration, provides for the recognition of previous services without the modality of chosen working hours (full-time or part-time) being relevant, since neither the aforementioned Law nor the consolidated text of the Law on the Basic Status of Public Employees, approved by Royal Legislative Decree 5/2015, of 30 October, makes any distinction in this regard.

In addition, for the purposes of triennials, it must be taken into account that these constitute basic remuneration that are not conditioned by any rule other than the actual provision of services for three years, the recognition of which does not depend on the type of working day chosen by the staff member, without prejudice to the fact that the specific payment of the triennials generated and already recognized may be affected by the type of working day in which the staff member provides his services at any time, in his or her capacity as basic remuneration.

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.