Summary

This Public Hearing is published on the draft Order establishing general criteria for the adaptation of means and times and making reasonable adjustments in the selective processes for the access to public employment of people with disabilities

Term and form of referral
Deadline for filing claims up to 24 hours a day on January 21, 2025

Presentation of allegations
The claims may be sent to the e-mail address:
consultapublicasefp@digital.gob.es

Only those responses in which the sender is identified will be considered and their contribution will be seen on the need, timeliness or content of the text of the normative project on which to see the present procedure of public hearing. In general, the responses and contributions received will be considered susceptible to public dissemination. The parts of the information submitted that, in the opinion of the interested party, should be treated confidentially and therefore should not be freely disseminated, should be specifically indicated in the text of the contribution or comment itself, not considering for this purpose the generic messages of confidentiality of the information.

Date of publication: 12/27/2024

Deadline: until 21/01/2025

Article 26.6 of Law 50/1997, of 27 November, of the Government, states that, without prejudice to the consultation prior to the drafting of the text of the initiative, when the rule affects the rights and legitimate interests of the people, the competent management center will publish the text on the corresponding web portal, in order to give audience to the affected citizens and obtain as many additional contributions as can be made by other people or entities. Likewise, the opinion of the organizations or associations recognized by law that group or represent the persons whose rights or legitimate interests are affected by the norm and whose purposes are directly related to their object may be sought directly.

The minimum period of this public hearing and information shall be 15 working days, and may be reduced to a minimum of seven working days when duly motivated reasons so warrant; as well as when the urgent processing of regulatory initiatives, as established in article 27.2, is applied. This should be recorded in the Report of the Regulatory Impact Analysis.

The draft Order establishing general criteria for the adaptation of means and times and making reasonable adjustments in the selective processes for the access to public employment of people with disabilities is presented

The main objective of this regulation is to ensure equal opportunities for people with disabilities in access to public employment. Specifically, it is intended to facilitate the achievement of the objective of coverage of the places offered by people with disabilities provided for in article 59.1 of Royal Legislative Decree 5/2015, of 30 October, which approves the consolidated text of the Law on the Basic Status of Public Employees.

Article 113.4 of Royal Decree-Law 6/2023, of 19 December, approving urgent measures for the implementation of the Recovery, Transformation and Resilience Plan in the field of public service justice, public service, local regime and patronage, with regard to access to public employment of persons with disabilities, regulates that the State Administration will adopt appropriate measures to establish reasonable adaptations and adjustments of time and means in the selective processes carried out, allowing the use of prostheses, including hearing prostheses, during the execution of the selective processes by those who need and demonstrate them.

Royal Decree 2271/2004, of 3 December, which regulates access to public employment and the provision of jobs for people with disabilities, regulates and encourages the practice of positive actions that favor equal opportunities, without prejudice to the equal conditions of access that must prevail among candidates for public employment.

The aforementioned Royal Decree 2271/2004, of December 3, in its article 8.3 enabled its normative development by Ministerial Order, which would be reflected in Order PRE/1822/2006, of June 9, which establishes general criteria for the adaptation of additional times in the selective processes for access to public employment of people with disabilities.

The extraordinary plenary session of Congress approved in January 2024 the Proposed Reform of Article 49 of the Spanish Constitution, which expands the rights of people with disabilities and eliminates from the text the expression "physically, sensory and psychic diminished". This modification is the third since the entry into force of the Constitution, but the first of social content. The new text adapts in language and content to current reality and international terminology.

The Spanish Disability Strategy 2022-2030 proposes to increase access to public employment among people with disabilities, through the development, extension and improvement of the application of the reserve quota (7% and 2% in intellectual disability) in all offers of public employment.

For all the above, the order will establish the general criteria to determine the adaptations of means and times, as well as the realization of reasonable adjustments in the exercises corresponding to the selective tests in which persons with disabilities participate. It also updates the general criteria for time adjustments in the Annex to that order.

The project consists of an exhibition section, ten articles, the content of which is as follows:

• Article 1 on the subject of this order
• Article 2 of the definition of reasonable adjustments.
• Article 3 of the scope of application.
• Article 4 on Persons benefiting from the measures of adaptation of means and times, and from the other reasonable adjustments in the selective processes.
• Article 5 on adaptations of human means.
• Article 6 on guaranteeing resources and support for personal autonomy.
• Article 7 of the request for adaptation of means and reasonable times and adjustments.
• Article 8 on applicable criteria and processes for granting adaptation of means and times and other reasonable adjustments.
• Unique additional provision of the General Guideline Manual.
• Single derogatory provision for regulatory derogation.
• and a final Provision for entry into force.