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Personnel at the service of the Public Administrations
Who must apply for the compatibility?
The staff included in the scope of the Act 53 / 1984, of 26 of December, related to incompatibilities of workers serving in public administrations, who wishes to exercise any private or public activities a second activity capable of compatibility.
What who applies the regulations on incompatibility?
The incompatibilities applies to:
A. the civilian and military personnel at the service of the State administration and their public bodies (as amended by Law 7 / 2007, 12 April. BoE 13.04.2007).
B. personnel at the service of the administrations of the autonomous communities and the dependent them, as well as their legislative assemblies and institutional organs.
C. personnel at the service of local corporations and agencies of them dependent.
D. personnel at the service of public bodies and bodies exempt from the application of the law of State entities.
E. staff play public functions and receive their salaries through tariff.
F. personnel at the service of social security, its management bodies and any other entity or body.
G. personnel at the service of corporations, entities of public law, foundations and consortiums whose budgets accord in more usually 50 100 With subsidies or other income from the public administration (as amended by Law 7 / 2007, 12 April. BoE 13.04.2007).
H. The staff providing services in enterprises in the capital, directly or indirectly, public administrations exceeds 50 per 100.
I. personnel at the service of the Bank of Spain and public financial institutions.
J. the remaining in implementation is the statutory regime losfuncionarios of public.
What body should address the compatibility request?
(a) Applications for reconciling a second public activity, authorization should be requested, depending on the cases:
- MInistro of Finance and Public Administration (Office of conflicts of interest), where the main public activity is attached to the State administration.
- the competent body of the Autonomous Community, when the main activity is attached to a regional administration.
- full CorpLocal sentence, when the main activity is attached to a local council.
(B) whether it is to combine the exercise of activities must be private recognition of compatibility to the competent organ of the administration for the public activity, as noted in the preceding paragraph.
Presentation of the application of compatibility
Applications may be submitted:
- in the records of any administrative body belonging to the General State Administration or any administration of autonomous communities, as well as in the registers of those entities local administration have signed the agreement referred to in Article 38.4.b) of Law 30 / 1992, of 26 November.
- in the diplomatic or consular offices abroad. Spain of
In the post offices.
-EN WorksThe portal of the employees of the General State Administration, through autosevicio of employee.
- in accordance with the law of 11 / 2007, of 22 June, on electronic access by citizens to public services, through "" access
What is the deadline for the resolution?
Applications for authorisation of compatibility for a second activity in the public sector:Four months
Applications for recognition of compatibility to private activities: Three months
What is the disciplinary regime?
The non-compliance with the rules on incompatibilities is very serious lack of accordance with article 95.2.n) of Law 7 / 2007, 12 April. if it is simply breach of time limits or other procedural provisions in the gap is incompatibility considered serious, provided that is not maintaining a situation of incompatibility, as established in Article 7.1 (k) of the regulation of disciplinary regime of officials of State administration, approved by Royal Decree 33 / 1986, of 10 January.
Legislation on incompatibility
Resolution 20 December 2011, the Secretariat of State for the civil service, that published the Council of Ministers dated 16 December 2011, which approves the procedure for the reduction, on request, the SPECIFC allowance of officials of the General Administration of the State belonging to the sugrupos C1, C2 and and authorises the exceedance, stop the workers at the service of the General State Administration, the limit laid down in Article 7.1 of the Act 53 / 1984, of 26 of December, related to incompatibilities of workers serving in public administrations.
Further information and contact
Management Section incompatibilities "general regime All staff, except the medical staff and the dependent on losministerios of Defence, Employment and social security, Justice And Health, social services and equality "
Telephone: (91) 273.26.52 - (91) 273.26.49
Management Section "incompatibilitiesHealth personnel and staff of the ministries of dependent Defence, Employment and social security, Justice And Health, social services and equality"
Telephone: (91) 273.26.54 - (91) 273.26.39