Thursday, December 9

Asturian officials must pass an annual evaluation to continue in their position

The building of the councils of the Principality.

Asturian regional officials must approve the annual performance evaluation to continue in their position, as provided by the Proyect of law of job public currently negotiated by the Ministry of Public Administration with the civil service unions. The initial intention of the new autonomous legislative text was the automatic loss of the assignment of the position when the official accumulated two consecutive negative evaluations, but finally the Government has accepted to modulate that requirement and subject the criteria for removal from the position due to negative performance to a regulation still to be defined that will be applied, yes, when there are two negative evaluations. The future law also opens the door to the forced transfer of officials “for reasons of service for a maximum period of one year.”

The Principality’s Public Employment bill is the second that the vice-president’s council has underway Juan Cofiño, after that of Urgent Administrative Measures, within the reform process of the regional Administration that commissioned him Adrián Barbón in June 2020. The text of the draft, with which the Government began negotiations with the unions weeks ago, established among the reasons for the automatic loss of the position the accumulation of two consecutive negative results of the performance evaluation.

Some unions, such as Workers’ Commissions, understood that it was a question of a “draconian” condition and they asked for changes in the wording of the new law to the Ministry of Public Administration, which moved file and decided to suppress the automatic loss of the post. The text, which is still in the negotiation process, now establishes that to maintain the ownership of a position obtained by competition, a positive result of the performance evaluation must be obtained and leaves the removal of the position in the hands of a subsequent regulatory development, which is will be applied to the second consecutive failed evaluation. In other words, there would be no automatic loss of the position, but the affected official would be given a hearing and the resolution must be motivated by an instructor. The Union USIPA he is still suspicious of this wording “because it leaves up in the air, at the expense of these regulations, the conditions for removal from the post.” The new text establishes that “the accumulation of two consecutive negative results of the performance evaluation will be considered inadequate or insufficient performance for removal purposes.”

Another novelty that the future Law of Public Employment of the Principality will incorporate is the regulation to transfer officials to tasks in which they may be most necessary in a specific situation such as, for example, the processing of subsidies. The legislative text, which the Government hopes to approve in the first half of 2022, establishes that officials may be forcibly moved “for reasons of service for a maximum period of one year” when they do not achieve the coverage of that position voluntarily.

Governments will have greater scope to create general sub-directorates

General directorates that have at least four services may add a new position to perform managerial functions

The regional governments will have a greater margin to create subdirectorates, as can be seen from the consolidated text of the new Public Employment law, which is currently being negotiated by the regional Executive before its approval for the beginning of the debate within the regional parliament.

The future regional law contemplates that each general directorate “that has four or more organic units with service rank, may have a general sub-directorate, provided that its performance entails the exercise of managerial functions.” In accordance with this forecast, the current regional government could create up to eight general subdivisions within the framework of the current organization chart of the Principality. The future regional regulations even opens the door for the regional Executive to create general sub-directorates “with exceptional character, that report directly to the ministries and vice ministries ”provided that it is previously justified“ by the need to direct, develop and implement a project within the framework of governmental action ”.

Jose Luis Gonzalez, USIPA coordinator, warned that this future regional legislation “may lead to the suppression of service heads of the current organization for their conversion into general subdirectorates.” In the reform of the public function law carried out by the government of Javier Fernandez the figure of the coordinator was created which, however, was never applied.

The new productivity complement will be linked to previous objectives

The productivity supplement that this new regional public employment law incorporates “will be linked to the achievement of objectives linked to the activity of the Public Administration”. Vice President Juan Cofiño has been defending the need to improve staff compensation with managerial responsibilities so that the autonomic administration is more attractive. The purpose of this new specific supplement will be to pay back “the special technical difficulty, responsibility, dedication” of the position. The amounts that each official receives as a complement to productivity “will be publicized and communicated to the representative bodies of the civil servant staff and in no case (…) will they be fixed or give rise to individual rights.”

On the other hand, details of the state agreement are being known so that the interim With more than five years in their position in the Administration, they become civil servants: these workers will be able to collect the three years accumulated in their positions.

News of the new public employment law

  • Removal from post. An official who suspends the performance evaluation by his superior for two consecutive years will have to face a removal process, which would lead him to lose his position and would be moved to a provisional assignment, although he would never lose his job, unless there was inhibition
  • Corrective measures. The new regional legislation also contemplates the possibility of applying corrective measures so that officials can avoid the loss of the personalized complement that they already had consolidated.
  • Forced transfer. The Principality may move “for service reasons” officials for a period of one year. If there is a change of residence council, compensation will proceed.

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