Spanish Basic Statute of Public Employees (EBEP) - Practice Flashcards

300 practice question-and-answer flashcards based on the Real Decreto Legislativo 5/2015 (Basic Statute of Public Employees) of Spain, covering administrative categories, rights, duties, disciplinary regimes, and entry requirements.

What is the specific legal number and date of the Basic Statute of Public Employees?

Real Decreto Legislativo $5/2015$, de $30$ de octubre

Which Ministry is associated with the 2015 decree?

Ministerio de Hacienda y Administraciones Públicas

When did the 2015 decree and its refunded text enter into force?

The day following its publication in the «Boletín Oficial del Estado»

What is the primary object of the Statute as stated in Article 1?

Establish the bases of the statutory regime of public officials and norms for labor personnel

According to Article 1.3, what is guaranteed by 'inamovilidad'?

Objectivity, professionalism, and impartiality in service for career officials

Name the principles in the access and professional promotion according to Article 1.3.b.

Igualdad, mérito, y capacidad

Which entities are included in the scope of application under Article 2.1.a-c?

Administración General del Estado, Communities, Ceuta, Melilla, and Local Entities

Are Public Universities included in the scope of the EBEP?

Yes, according to Article $2.1.e$

How does the Statute apply to 'personal investigador'?

Singular rules can be dictated to adapt it to their peculiarities

Which chapter of Title III is generally NOT applied to teaching and health service personnel?

Capítulo II of Título III (except Article $20$)

When the Statute mentions 'personal funcionario de carrera', who else is included?

Personal estatutario de los Servicios de Salud

Under Article 3, which legislation governs local government officials?

State legislation (including this Statute), regional legislation, and local autonomy

Do local police corps follow this Statute?

Yes, except where Ley Orgánica $2/1986$ provides otherwise

Article 4 lists personnel with specific legislation; name two.

Military personnel and Judges/Magistrates

To which specific group does the EBEP apply only as 'supletorio' (supplementary)?

Personal of Sociedad Estatal Correos y Telégrafos and others in Article $4$

Who is responsible for developing the laws regulating the Public Function?

Cortes Generales and regional legislative assemblies

What characterizes 'empleados públicos' under Article 8?

Personnel who perform paid functions in Public Administrations serving general interests

What are the four classifications of public employees in Article 8.2?

Funcionarios de carrera, funcionarios interinos, personal laboral, and personal eventual

Define 'funcionarios de carrera' from Article 9.

Those linked by an administrative law relationship for permanent paid professional services

Which functions are exclusive to public officials under Article 9.2?

Those involving participation in public powers or safeguarding general State interests

What are 'funcionarios interinos'?

Those appointed for career official duties due to necessity and urgency

Under Article 10.1.c, what is the maximum duration for interims in temporary programs?

$3$ years, extendable by $12$ months by specific laws

What is the max duration for interim appointment due to task accumulation?

$6$ months within a $12$-month period

When must vacant slots held by interims be included in an employment offer?

In the same exercise of appointment or the following one

How must interims be selected according to Article 10.2?

Agile procedures respecting equality, merit, capacity, and publicity

Define 'personal laboral' under Article 11.

Those providing paid services by virtue of a written labor contract

What functions does 'personal eventual' perform?

Functions expressly qualified as confidence or special advice

Who is responsible for the appointment and removal of eventual personnel?

Free appointment and removal by the authority they serve

Can 'personal eventual' status be used as merit for access to Public Function?

No

How is 'personal directivo profesional' designated?

By principles of merit, capacity, and criteria of suitability with publicity

Is the determination of conditions for managerial personnel subject to negotiation?

No

Which individual right refers to training according to Article 14.g?

Continous formation and permanent update of knowledge, preferably in work hours

State the scope of Article 14.h regarding rights.

Respect for privacy, sexual orientation, image, and dignity at work

Does Article 14.k recognize the right to freedom of expression?

Yes, within the limits of the legal system

List three collective rights mentioned in Article 15.

Freedom of association, collective bargaining, and the right to strike

Define 'carrera profesional' per Article 16.2.

Ordered set of opportunities for ascent and expectations of professional progress

What is 'carrera horizontal'?

Progression in grade or category without changing the job position

What is 'carrera vertical'?

Ascent in the structure of jobs through job provision procedures

Define 'promoción interna horizontal' in Article 16.3.d.

Access to bodies or scales of the same professional subgroup

What is the minimum seniority required for 'promoción interna'?

$2$ years of active service in the lower subgroup or group

How is 'evaluación del desempeño' defined in Article 20.1?

Procedure to measure and value professional conduct and performance or achievement of results

What criteria must performance evaluation systems follow?

Transparency, objectivity, impartiality, and non-discrimination

Which article of the Statute refers to the determination of pay increments?

Article $21$

Under Article 22.2, what are 'retribuciones básicas'?

Pay based on subgroup/group assignment and seniority (salary and trienniums)

What do 'retribuciones complementarias' reward per Article 22.3?

Job characteristics, professional career, or performance and results

How many extra payments ('pagas extraordinarias') are there per year?

$2$ per year

What components are found in 'retribuciones básicas' according to Article 23?

Salary (sueldo) and trienniums (trienios)

Define 'trienios'.

An amount equal for each subgroup/group for every $3$ years of service

Can an employee receive a reward from fines imposed as pay?

No, according to Article $22.5$

Which factor is considered for 'retribuciones complementarias' in Article 24.b?

Technical difficulty, responsibility, dedication, or incompatibility

What do interims perceive regarding pay?

Basic pay, extras of their group, and complementary pay from Art $24.b-d$

How is the minimum pay for officials in practice defined?

At least the salary of the subgroup or group they aspire to enter

What is the status of contributions to pension plans per Article 29?

Retribución diferida (deferred pay)

Does a deduction for unperformed work hours have a sanctioning character?

No

What is 'participación institucional' under Article 31.4?

Right to participate through unions in control and monitoring bodies

Which unions are legitimized for Mesa de Negociación according to Article 33.1?

Most representative at state/regional level and those with $10 \text{\text{\text{\%}}}$ or more representatives in the unit

Where is the 'Mesa General de Negociación' constituted?

Administration General del Estado, Communities, Ceuta, Melilla, and Local Entities

Under Article 34.4, what are 'Mesas Sectoriales'?

Negotiation tables for specific working conditions of specific sectors or organizations

What is the quorum for valid constitution of a Mesa de Negociación?

Unions representing the absolute majority of representative body members

How often is union representativeness certified for the Mesas?

Every $2$ years

Who chairs the Mesa General de Negociación de las Administraciones Públicas?

La Administración General del Estado

Is the increment of global pay a subject of negotiation?

Yes, specifically for the Project of the Law of Budgets

Name one negotiation subject listed in Article 37.1.

Criteria for access, career, and job classification systems

Are citizen rights regulation subjects of mandatory negotiation?

No, they are excluded by Article $37.2.b$

Distinguish between 'Pactos' and 'Acuerdos' in Article 38.

Pactos concern matters in the organ's competence; Acuerdos require government approval

What happens if an Acuerdo requires a legal change but isn't ratified?

Renegotiation must start within one month if requested

Do Pactos and Acuerdos need to be published?

Yes, in the corresponding Official Bulletin

What are the two specific representation organs for officials?

Delegados de Personal and Juntas de Personal

How many Delegados are elected for a unit of 31 to 49 officials?

$3$ Delegados

What is the minimum census for a 'Junta de Personal'?

$50$ officials

How many members are in a Junta for 101 to 250 officials?

$9$ members

What is the maximum number of members in a Junta de Personal?

$75$ members

Who elects the President and Secretary of a Junta de Personal?

The members of the Junta itself

State one function of representative organs in Article 40.

Receive info on personnel policy and pay evolution

What protection is given regarding disciplinary files for representatives?

Right to be heard during mandate and the following year

What is the credit of hours for a unit with 101 to 250 officials?

$20$ hours monthly

What is the duration of the mandate for representatives?

$4$ years

Who can promote elections for representatives according to Article 43?

Most representative unions or officials by majority agreement

How is the vote expressed in representative elections?

Personal, direct, free, and secret (can be mail or telematic)

Who are eligible voters in election procedures?

Officials in active service

What system is used to elect Juntas de Personal?

Closed lists through a corrected proportional system

What system is used to elect Delegados de Personal?

Open lists and majority system

Can extrajudicial conflict solution systems include mediation?

Yes, and it is mandatory if one party requests it

Who can call a meeting of employees at the workplace?

Unions, Delegados, Juntas, Committees, or $40 \text{\text{\text{\%}}}$ of the group

When are meetings at the workplace authorized?

Outside working hours, unless agreed otherwise

State the business day permit for death of a 1st-degree relative in the same city.

$3$ business days

How many days are given for marriage leave?

$15$ days

What is the permit for moving house without changing residence?

$1$ day

What is the breastfeeding (lactancia) permit for a child under 12 months?

$1$ hour of absence, which can be divided into two fractions

How many hours can an employee be absent for a premature birth hospitalization?

Up to $2$ hours daily with full pay

Up to what age of a child can 'guarda legal' lead to a shift reduction?

Under $12$ years old

Permit for 'asuntos particulares' duration per year?

$6$ days

What is the duration of the birth permit for the biological mother?

$16$ weeks

What is the 'descanso obligatorio' period after birth?

$6$ weeks immediate and uninterrupted

How is the birth permit extended for multiple births?

$2$ weeks more per child starting from the second

What duration is the permit for adoption or foster care?

$16$ weeks

What is the duration of the permit for the 'progenitor diferente de la madre biológica'?

$16$ weeks

What happens to the permit duration if the child dies?

It is not reduced, except if reincorporation is requested after mandatory rest

Under what condition does a female victim of gender violence keep full pay while reducing hours?

If reduction is $1/3$ or less

Right for cancer/serious illness care of a minor allows what shift reduction?

At least $1/2$ of the duration