Who should apply for compatibility?

Personnel falling within the scope of Law 53/1984, of 26 December, on incompatibilities of personnel in the service of public administrations, who wish to carry out any private activities or a second public activity susceptible to compatibility, providing the information in accordance with the following application model:

To those who apply the rules on incompatibilities?

The incompatibilities rules apply to:

A. Civilian and military personnel serving the State Administration and its Public Bodies (Letter amended by Law 7/2007 of 12 April 2007). BOE 13.04.2007).

B. Personnel serving the Administrations of the Autonomous Communities and their agencies, as well as their Legislative Assemblies and institutional bodies.

C. Staff at the service of the Local Corporations and their Agencies.

D. Personnel serving Entities and Public Bodies exempted from the application of the Autonomous State Entities Act.

E. Staff performing public functions and receiving their remuneration through duty.

F. Staff in the service of Social Security, its Managing Entities and any other Entity or Agency thereof.

G. Personnel serving entities, corporations governed by public law, foundations and consortia whose budgets are ordinarily set at more than 50 per 100 with grants or other revenue from public administrations (Letter as amended by Law 7/2007 of 12 April 2007). BOE 13.04.2007).

H. Personnel serving in Undertakings in which the share of capital, directly or indirectly, of public administrations exceeds 50 per 100.

I. Staff at the service of the Bank of Spain and the public financial institutions.

J. The remaining staff to whom the statutory scheme for civil servants applies.

To which body should the request for compatibility be addressed?

A) In the case of applications for the compatibility of a second public activity, the authorisation should be requested, where appropriate:

• To the Minister for Digital Transformation and the Civil Service (Office for Conflicts of Interest), when the principal public activity is attached to the State Administration.
• To the competent body of the Autonomous Community, where the principal activity is attached to an Autonomous Administration.
• To the plenary of the Corp local prayer, when the principal activity is attached to a Local Corporation.

B) If the exercise of private activities is to be made compatible, the competent authority of the administration to which the public activity is assigned shall be required to be recognised as being compatible, as referred to in the preceding paragraph.

Proceedings and formalities of public employees with the Office for Conflicts of Interest.

Article 14.2 of Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations, lists the persons who, in any case, are obliged to relate to the Public Administrations through electronic means to carry out any formalities in an administrative procedure, including among them “the employees of the Public Administrations for the formalities and actions they perform with them because of their public employment”.

For this reason, applications for compatibility must be submitted electronically through the Headquarters Works (Headquarters Works > My Services RR.HH > Compatibility) for which a digital certificate, electronic ID, or corresponding identification Cl@ve must be available.

Any documentation sent without complying with the conditions set out above shall not be processed.

Download the Compatibility Request Model (PDF · 48.9 KB)

What is the time limit for resolution?

Applications for compatibility authorisation for a second activity in the public sector: FOUR MONTHS

Applications for recognition of compatibility for private activities: THREE MONTHS

What is the disciplinary regime?

Non-compliance with the rules on incompatibilities is considered to be a very serious breach, in accordance with the provisions of Article 95.2.n) of Royal Legislative Decree 5/2015, of 30 October, approving the recast text of the Law on the Basic Status of the Public Employee. In the case of non-compliance with deadlines or other procedural provisions relating to incompatibilities, the failure shall be considered serious, provided that it does not entail the maintenance of a situation of incompatibility, as set out in Article 7.1 (k) of the Rules of Disciplinary Procedure of Officials of the State Administration, approved by Royal Decree 33/1986 of 10 January.

• Law 53/1984, of 26 December, on Incompatibilities of personnel in the service of public administrations.
• Royal Decree 598/1985, of 30 April, on incompatibilities of personnel in the service of the State Administration, Social Security and Dependent Entities, Agencies and Enterprises.
• First additional provision of Royal Decree 1777/1994 of 5 August adapting the rules governing personnel management procedures to Law 30/1992 of 26 November 1994.
• Resolution of 20 December 2011 of the Secretariat of State for the Civil Service, which publishes the Council of Ministers Agreement of 16 December 2011, approving the procedure for the reduction, at its own request, of the specific complement of officials of the General Administration of the State belonging to Subgroups C1, C2 and E and authorising the overrun, for the staff of the General Administration
• Law 14/2011, of June 1, on Science, Technology and Innovation.
• Royal Decree-Law 20/2012 of 13 July on measures to ensure budgetary stability and to promote competitiveness (fifth additional provision).

• Organic Law 2/2023, of March 22, of the University System.

• Royal Decree 1560/1995, of 21 September, regulating the recruitment regime for specialist teachers.

• Royal Decree 2005/1986, of 25 September, on the regime of the tutorial function in the associated centers of the National University of Distance Education.

• Organic Law 9/2015, of July 28, of the Personnel Regime of the National Police.

• Organic Law 2/1986, of March 13, on Security Forces and Bodies.

• Law 39/2007, of 19 November, on the military career.

• Royal Decree 517/1986 of 21 February 1986 on the incompatibilities of military personnel.

Queries should be raised through the email account incom.rgeneral@correo.gob.es

Contact telephones are: 912733355 - 912733364 - 912733375 to know the status of a compatibility request that is being processed.