Spanish Civil Service: Structure, Access, and Rights

Posted on Dec 3, 2024 in Law & Jurisprudence

Spanish Civil Service

Constitutional Principles

  1. Merit and ability are crucial for entry into the civil service.
  2. The right to organize and strike is guaranteed, with specific considerations for officials.
  3. A system of incompatibilities exists for employees.
  4. Impartiality in public service is ensured.
  5. Reservation bills apply to the status of public officials.

Types of Public Employees

Career Officials

Career officials hold permanent appointments, perform services outlined in official templates, and receive salaries or allocations from the state’s general budget.

Employment Officials

Employment officials occupy positions but lack job security or career advancement rights. Agency staff fill temporary positions due to urgency or need. Temporary personnel hold positions of trust or political office, with discretionary appointment and removal.

Hired Staff

  • Have an employment relationship based on a fixed-term or indefinite contract.
  • Contracts are subject to worker status laws and other labor regulations regarding potential conflicts.

Officials vs. Employees

  • Employment Security: Official employment is guaranteed but can be terminated through disciplinary inquiry. Employees under contract lose their jobs when the contract ends or due to dismissal (Article 54 of et).
  • Selection System: Public access systems (contest, opposition, competition) are more rigid than for labor jobs.
  • Remuneration: Official remuneration is rigid, with salaries and increases approved annually in the state’s general budget. Objective performance evaluation is challenging. Labor personnel have more flexible pay systems, incorporating various concepts and performance-based values.
  • Collective Rights: Officials have stricter collective rights, with negotiations limited by budget law. Certain bodies face restrictions on association and the right to strike.

Requirements for Public Service Selection

  • Meet the age requirement (not exceeding 16 years old, as specified for each body).
  • Possess the required certificate or be able to obtain it by the application deadline.
  • Be free from physical conditions hindering job performance.
  • Not have been separated from government service due to disciplinary records or barred from public functions.
  • Hold Spanish nationality (including EU nationals, relatives of Spanish/EU nationals, and individuals covered by international treaties ratified by Spain).

Access to State Administration

  • Opposition: Involves one or more rounds of capacity testing to determine applicant suitability and establish precedence.
  • Competition: A selective process without theoretical or practical tests. Applicants submit documentary evidence of merits, evaluated based on notice requirements.
  • Combined Competition: Combines both opposition and competition within the same process.

Call Types

  • Open Call: Any citizen meeting the specified conditions can apply.
  • Internal Promotion: Allows lower-level officials to ascend to higher positions. Unfilled positions are added to open calls.
  • Special Call: Addresses specific fixed workforce situations.

Leave Arrangements

  • Voluntary Leave of Particular Interest: Granted after at least 5 years of effective service.
  • Family Reunion Leave: Available without prior service requirement for officials whose spouses reside elsewhere due to employment as civil servants or in fixed administrations.
  • Family Care Leave: Granted for up to 3 years for childcare, starting from the date of birth or judicial resolution.
  • Gender Violence Leave: Victims of gender violence can request leave without prior service time for protection or social assistance.

Compensation System

Comprises triennia + salary + extra payments.

  • Salary: An amount set annually in the state’s general budget for each body and scale.
  • Triennium: A three-year increment, the same for each group, also determined by the state budget.
  • Extra Payments: Two payments in June and December, including base salary and triennia.
  • Additional Pay: Includes extra allowances for level, specific job conditions, productivity, and occasional extra services.

Duties of Officials

  1. Abide by the Constitution.
  2. Act impartially.
  3. Obey superiors.
  4. Faithfully perform duties.
  5. Maintain secrecy regarding matters learned through office.
  6. Refrain from involvement in matters of personal interest.
  7. Exercise diligence and timeliness.
  8. Maintain political neutrality and avoid discriminatory behavior based on gender, ideology, race, or religion.

Rights of Officials

  • Gainful employment.
  • Service-based pay.
  • Security of tenure.
  • Promotion opportunities.
  • Vacation, licenses, and permits.
  • Union participation, strike rights, and representation.
  • Healthcare assistance.