Suspensión de funciones

Implementing legislation

The situation of suspension of duties was regulated in:

General characteristics

The staff member stated on the situation of suspension shall be deprived during the time in the same of the exercise of their functions and all rights inherent to the condition.
The staff member stated on the situation of suspension of duties may not serve in any Public Administration or public bodies, agencies, or public law entities dependent or associated with them during the time of execution of punishment or sanction.
The suspension or job loss when exceeding six months.

Temporary suspension

The provisional suspension may be ordered in pre-trial detention during judicial or disciplinary proceedings.
The temporary suspension as a preventive measure in the processing of disciplinary proceedings may not exceed six months, except in the case of a stay of proceedings due to the person concerned. The temporary suspension also may be ordered during judicial, and will be maintained by the time to extend pretrial detention or other measures decreed by the judge to determine the inability to perform the job. In this case, if the provisional suspension exceeding six months will not lose their jobs.
The staff member suspended provisional agenda shall be entitled to during suspend basic pay and, where appropriate, family benefits for children.
When the temporary suspension goes to the staff member shall return the received throughout the life of the latter. If not the temporary suspension should become final sanction, the administration shall surrender to the staff member the difference between the assets actually received and that would receive if it had been found with full rights.
The length of stay shall be suspended from the implementation of the suspension.
When the suspension is not declared final, the duration of the same be computed as of active service, which must be the immediate reinstatement of the staff member to work, with appreciation of all economic and other proceed from the date of recess.

Strong suspension

The firm suspension shall be imposed under judgment in criminal case or in a disciplinary sanction. The suspension by disciplinary penalty may not exceed six years.
The staff member who has lost their jobs as a result of conviction or punishment must seek the return to active duty with one month prior to termination of the duration of the stay. The re-entry would have a positive economic and administrative matters from the date of extinction of criminal responsibility or disciplinary measure.
Not to be requested to re-enter the time, it shall, ex officio, in the status of voluntary redundancy by particular interest, with effect from the date of completion of the sanction
Once asked whether the return to active duty is not granted within six months, the officer will be declared, defender, the situation of redundancy payment.