Public Employment Law: Access, Rights, and Classification

Principles of Public Employment Access

1. Constitutional Principles Governing Civil Service Access: The constitutional principles that always govern the access of citizens to the civil service are the principles of merit and ability.
2. Access to Public Employment: Access takes place in accordance with, inter alia, the principles of merit and capacity.
3. Assumptions for Public Employment Access: Notes on the following assumption which could enable access to public employment: A Nigerian wife, 16 years old, who is part of the Spanish citizen workforce.

Civil Service Classification and Records

2. Classification of Public Employees (Civil Service Basic Statute): Public employees are classified according to the Civil Service Basic Statute as:
   • Career officials
   • Interim staff
   • Service staff
   • Temporary staff
3. Central Personnel Registry Records: The correct statement is that the Central Personnel Registry shall keep records of the following acts and administrative decisions of civil servants: The reduction of working hours.
4. Staff Groups and Grades: Staff are classified into groups based on the qualifications required for entry.

Career Progression and Selection Processes

10. Selective Process for Senior Corps Directors (Civil Status): It is true that a call for a selective process for entry into the Senior Corps Directors of Civil Status can establish selection based exclusively on merit.
11. Status of Deceased Candidate (Senior Corps of Inspectors of Labour): A person who dies immediately after passing the last test of the selection process for entry into the Senior Corps of Inspectors of Labour is not considered a career official.
12. Career Public Servants: The status of career public servant is beyond the scope of interim officials.

Official Status, Mobility, and Special Situations

4. Status of Central Government Official Appointed to Autonomous Community: In accordance with the Basic Statute for Civil Servants, a career officer of the Central Government who is appointed to a senior position in an Autonomous Community Administration is declared to be in a special situation.
5. Removal from Post (Sub-Secretary of Government in Valencia): Once assigned by selection to the post of Sub-Secretary of Government in Valencia, the designated official can be removed at the discretion of the appointing authority.
6. Internal Promotion (Group B to Group A): An official of the Body Force of Finance (Deputy Inspector, Group B) who wants access to the Senior Corps State Tax Inspectorate (Group A) can access through the internal promotion process.
7. Appointment to Defensor del Pueblo Andaluz: An official of the Senior Corps of the State Bar who is appointed Defensor del Pueblo Andaluz is declared to be in the situation of special services.

Rights, Duties, and Compensation

16. Recognized Rights of Officials: Officials have acknowledged the right to security of tenure in their job.
17. Legal Protection for Public Employees: Public employees have recognized the right to counsel and legal protection regarding administrative issues arising from their duties.
18. Vacation Entitlement (Central Government Officials): Regarding vacation entitlement for Central Government officials, it is certain that more seniority grants more holidays.
19. Specific Permission Denial: An official could not obtain specific permission based on the serious illness of an uncle.
20. Determination of Basic Remuneration (General Administration): The amount of the basic remuneration of staff in the General Administration shall be determined in the General Budget Law of the State.
21. Compatibility (Madrid Official and University Professor): An official working in the legal departments of the Community of Madrid could be an associate professor at the Universidad Carlos III de Madrid.

Social Security for Civil Servants

5. Administrative Mutualism Obligation (Social Security): In accordance with the Special Regime for Social Security for Civil Servants, officials who are obliged to be included in the scope of administrative mutualism are officials in practice (or active officials).