Personnel Management in Public Administration: A Comprehensive Guide
PEC 2
1) With regard to the first of the questions raised about the need to amend the personnel management tools, effectively, the incorporation of new personnel requires the adaptation of the workforce and, where appropriate, the relationship jobs.
1.1) The template is the technical instrument of managing the permanent seats of the different bodies, scales or categories needed to perform all activities and services attributed to public administration.
It will consist of all the places that have budget, so it shall not proceed to the recruitment of new staff if not previously contained in that plaza with the staffing budget allocations (based on selection of the template). The staffing is decided annually through or via the budget (Article 14.5 LMRFP, LRBRL Article 90.1) or in connection with the approval of the budget (Article 126.1 TRRL).
A different question is to cover temporary and agency staff temporarily squares, or hire outside temporary workforce to meet staffing needs with this temporary condition (specifically, the cases referred to in subparagraphs c and d of Article 10 Evaluation Committee).
As we discussed during the budget year, the template may be extended in two cases:
a) the increase in expenditure is offset by the reduction of other units or chapters nonexpandable current expenditure b) where due to the introduction or extension of service tax mandatory by law.
In these cases, we should not amend the budget if it can offset the cost of the new positions with the depreciation, or the allocations of vacancies which are not covered during the exercise, or reducing current expenditure not expandable.
1.2)
Second would have to proceed, where appropriate, to the change in the ratio of jobs if the jobs do not appear, and incorporated herein. We should note that, unlike the template, the content of TPN does not have to match the positions that are occupied at any time in the
Administration.
Remember that planning incorporates TPN quantitative and qualitative human resource needs: is an inventory of the posts required for adequate provision of services by the Administration, in accordance with criteria of rationality, economy and efficiency. Determines how many jobs and what features are necessary for adequate provision of services and performance of the functions (it
TPN could argue that draws the ideal organization of human resources to carry out the functions assigned to the Administration, this means that, always and at all times, these jobs are covered, either for budgetary reasons either result of unexpected-occupation suspensions, resignations, deaths, CCP, etc..) -.
Of TPN, we study the second module that:
Creation, modification, revision and termination of jobs. The jobs must be created and modified through the RPT. If repayment of a post, the official who occupies it will be stopped.
Provision of jobs. TPN identifies the delivery system to be used for each post.
You can not provide personal or official positions formalize new workforce contracts fixed if the posts are detailed in the TOR are vacant, with the exception of staff providing temporary or fixed term contracts to carry out non-permanent , under heading
Eventual staff budget or investment chapter.
Full implementation of the pay system established by LMRFP. Through the RPT, approving additional remuneration linked to workplace: extra allowance level and amount of specific complement.
Sets some conditions for the civil service and mobility management.
2) Regarding the second question, the answer indeed gives us the Evaluation Committee Article 10: The law requires the job pUBLIC underway, and if not possible in the coming year, the streets of career civil service staff employed temporarily by agency staff. In contrast, in the case of temporary agency staff to implement temporary programs or in situations of excess or accumulation of work, given the intrinsic temporality of these duties, they will proceed to the inclusion of such places in the relevant job public. A different question would be the misuse of these interim arrangements to carry out functions that are permanent structural and administrative organization in question.
3) Turning now to the analysis of plant ada third question, yes, the seats occupied by agency staff can be amortized in accordance with Article 10.4 Evaluation Committee. Different question, though not expressly provided for by the legislator, is the ability to amortize these places after they have been incorporated in the supply of public employment (also not a topic for peaceful scientific doctrine). In our
Apparently, following on this point Professor SANCHEZ MORON, although the supply of public employment is a favorable administrative act that does not create rights, if you create legitimate expectations that should not be left to satisfy. In that statement could be added the strong worded Article 70 Evaluation Committee according to which the tenders must
obligation to call the appropriate selection processes.
Finally, and again following SANCHEZ MORON, the contents of the offer may be amended if there are grounds for revocation of right (Article 92 of Law 30/1992). Or when the administration declared that the act is wrongful and to challenge before the courts (Article 103 of Law 30/1992).
4) In the fourth question retomábamos analysis we had done in the first PEC how far the Administration can decide which jobs are done by labor personnel.
We have already shown in the aforementioned constituent PEC option for a model of public civil service and, therefore, only when the law so permits, the jobs may be developed by workforce.
Thus, Article 9 and the DA 2nd Evaluation Committee setting out the functions which, in any event must be reserved to personnel officer.
Taking clear that the Administration always and in any case may decide that all jobs are reserved for official staff, the relationship that I proposed to the PEC, indeed, the functions carried out by the municipal staff of the brigade could be reserved the workforce.
It could also defend the positions of technical architects may be developed by staff working in care as provided in Article 15.1 c) which provides that LMRFP seats from areas of activities that require technical expertise where missing bodies or officials Scales
whose members are specifically trained for their performance (under the same terms set this forecast in most existing civil service laws of the Autonomous Communities – you can see Article 30 of Legislative Decree 1 / 1997 of 31 October, Catalonia). But despite this, we must not forget that Articles 170 and following of Legislative Royal Decree 781/1986 of 18 April, expected to belong to the Special Administration Technical Subscale, officials who perform tasks that are being a race to the exercise required by law to hold certain academic or professional qualifications and that attention to the nature and level of qualification required, these officials are divided into Higher Technical Means and
Auxiliaries, and, in turn, each class may include various branches and specialties. It will therefore be crucial to check whether these jobs involve or not the exercise of functions involving direct or indirect participation in the exercise of public powers or safeguarding the interests of the State and
Public Administration
And finally, senior technical positions in law should be reserved for official personnel.
5) Finally, the answer to the fifth question, outlining the basis for the convening of the squares of senior technicians in-law assumes that you have taken into account Articles 55 and following of the Evaluation Committee. Most importantly, the general requirements listed in Article 56 and the determination of the selective system to use (Article 61) which will, for any alleged recruitment official, generally set in that provision: the opposition or the opposition contest (being the usual selection system the competition), but not the competition (which consist only of assessment of merit) which, as has the Evaluation Committee, is a system that excepcionalísimo only by virtue of law, be applied.