Personnel at the service of the Public Administrations
From 15th june 2021, a request for authorization and recognition of compatibility, as well as any documentation related to such procedures that had not been submitted through the electronic procedures included in the headquarters of the ministry of Territorial policy and Public Function, accessible at http://sede.administracionespublicas.gob.es will be dismissed and filed, it began to check the processing of the same.
Further information, in: Proceedings and procedures of civil servants with the office of conflicts of interest.
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.
- Article 14.2 of the law 39/2015, of 1 october, of Common Administrative Procedure of the public administrations, lists the persons who in any case, are forced to engage with the public administrations through electronic means for the realization of any action in an administrative procedure, including among them “ employees of public administration to the procedures and actions that carried out with them by reason of their status as public employee ".
- Therefore, from 15th june 2021, a request for authorization and recognition of compatibility, as well as any documentation related to such procedures that had not been submitted through the electronic procedures included in the headquarters of the ministry of Territorial policy and Public Function, accessible inhttps :// sede.administracionespublicas.gob.es- to what should be available in digital certificate, electronic identity card, or the corresponding Cl@ve- identification will be dismissed, and filed, it began to check the processing of the same.
- To create a new public or private compatibility request, in thel Portal Works, you must choose the boxMy services of RR.HH. and in the website that gets you have to click on the text “I have read the information provided (click on the text in order to continue)“ time at which will have to authenticate. Once authenticated, be necessary to choose the menu on Applications for Human Resources > Compatibilities. And once in this page, click on the link “ application of Compatibilities ”.
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
- Act 53 / 1984, of 26 of December, related to incompatibilities of workers serving in public administrations.
- Royal Decree 598 / 1985, dated 30 April, related to incompatibilities of State administration, social security workers and entities like, bodies and dependent companies.
- First additional provision of Royal Decree 1777 / 1994 of 5 August, adequacy of rules governing the procedures of personnel management to the law 30 / 1992, of 26 November.
- 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.
- Act 14 / 2011, 1 June, science, technology and innovation (article 18 first and final). regulation
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