Excedencia forzosa

Implementing legislation

The situation of redundancy payment is regulated in:

Assumptions and requirements

Will be declared redundancy payment:

  • Staff members in expectation of destination, for the course of the maximum period or for a breach of obligations.
    • In this case, the competent body to the declaration of the redundancy payment is the state secretary for Public service.
  • The staff members placed on suspension, have reserved the job, requested the re-entry and not be granted within six months from the extinction of criminal responsibility or disciplinary measure.
    • The competent body to the declaration of the redundancy payment here will be the General directorate of civil service for staff and scales of bodies attached to the state secretariat for Public Service or the under-secretary of the Department of secondment to other bodies and scales.

Characteristics of the situation

  • In the first scenario, the compulsory re-entry should be in positions of similar characteristics to those of the staff involved in the process of redeployment of troops. These officials are obliged to participate in training courses to them and to participate in the appropriate competitive examinations for posts at his body, scale or category, that they are reported.
  • The remaining surplus evictions will be obliged to participate in competitions held for the provision of jobs whose performance requirements collected and reported them, as well as to accept the compulsory re-entry to active duty in posts related to his body or Scale.
  • Non-compliance with obligations set out will determine the pass to the situation of voluntary redundancy by particular interest.
  • Staff members in this situation shall be entitled to a basic pay and, where appropriate, family benefits for dependent children, as well as to the computation of time in such a situation to the purposes of seniority/trienniums and rights of the Social security system.