Types of Public Officials and Administrative Status

Posted on Feb 27, 2025 in Law

Types of Officials

Officials by Race: Operate under legal appointment, performing services in a permanent post and receiving fixed salaries from the State budget.

General Use Officials: Serving with Administration temporarily. Can be:

  • Eventual (special counseling activities or trust jobs)
  • Interim (covering a vacant position)

Officials in Practice: Must pass staff selection tests and conduct a training course to access their post.

Statutory Officials: Those who are subject to specific regulations different from other officials (e.g., INSALUD personnel).

Officials by Use:

  • General Bodies: Perform administrative activities (Administrative Corps, Management Corps, etc.).
  • Special Bodies: Perform specific or technical activities (judges, prosecutors, etc.).

Administrative Status

  • Active Duty: This is the normal situation.
  • Temporary Services Commission: Officials must play positions outside of their rightful work.
  • Special Services: Officials in this situation will have the right to keep and use the position they occupy.
  • In CCAA (Autonomous Communities): State officials may serve to integrate into the functioning and organization of an Autonomous Community.
  • Exceedance: Occurs when there is an interruption to the service rendering. It may be:
    • Voluntary (active duty in another body or scale, private interest, family reunification, childcare)
    • Forced (given the right to draw salary, triennia, and extra pay)
  • Suspension of Functions: This situation is caused by a disciplinary action and involves the suspension of an official’s functions and the exercise of their rights. It may be temporary or permanent.

Economic and Non-Economic Rights

Economic Rights:

  • Basic remuneration (salary, three-year periods, bonuses)
  • Additional Compensation (destination supplement, specific supplement, productivity supplement, bonuses, allowances)

Non-Economic Rights:

  • Right to charge
  • Irremovability of residence
  • Right to participate in the provision of other administrative positions
  • Right to career advancement
  • Right to attend retraining or upgrading courses
  • Right and duty to a workday schedule
  • Right to enjoy vacations and holidays

Legal Incompatibility

When a staff member cannot handle a particular case in which their own interests or those of family or friends are involved. In these cases, the official affected by the alleged interest can transfer the case to another official to settle the issue impartially.

Duties of Officials

  • Duty of allegiance to the Constitution in exercising their public function
  • Faithful performance of duties
  • Loyalty to superiors and colleagues
  • Residence in the township where they work
  • Respect and obedience to their superiors
  • Maintain absolute confidentiality on issues known under their position
  • Timely assistance and remaining in the work position

Labor Rights of Personnel

Basic Rights:

  • Work and free choice of profession or trade
  • Free unionization
  • Collective bargaining
  • Adoption of collective conflict measures
  • Strike
  • Meeting
  • Participation in the company

Rights Derived from Concrete Work:

  • Right to effective occupation
  • Promotion
  • Non-discrimination
  • Physical integrity
  • Respect for their privacy
  • Recovery of their remuneration
Labor Duties of Personnel
  • Fulfill work obligations diligently
  • Respect the safety and hygiene measures that are applicable
  • Fulfilling superiors’ orders
  • Not performing activities constituting unfair competition
  • Those incompatible with those of the Administration
  • Those established in the contracts
Disciplinary Actions for Officials

It is a tool for the Administration to correct non-compliance with duties by officials and to guarantee the right services to citizens.

Penalties to Officials:

  • Mild: Warning.
  • Major: Suspension of functions, transfer with change of residence.
  • Very Serious: Separation from service, suspension of functions, transfer with change of residence.

Prescription Term: When starting a penalty record or serving a sentence imposed in a decision given in a very serious disciplinary file:

  • Very serious: 6 years.
  • Major: 2 years.
  • Mild: 1 month.